Back in 2006, Defendant pled guilty to Agg Asslt Public Servant. Court found guilty and gave 5 for 5 with Shock. Should've been a straight 5 to be shock but that's not problem. 2 days later, court signed order deferring probation. Fast forward to 2009. State files MTA that court grants and give 25yrs. Now on appeal. Appears court should reform to 5 years. Do I agree with defense counsel. Also, 2009 court found deadly weapon. 2006 court made no mention of it.
Could judge have granted probation. Found all three ways of aggravated assault (including assault with DW) but didn't enter formal finding of deadly weapon.
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