TDCAA Community
determinate sentence plea paper help!

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June 18, 2012, 15:12
Ben Smith
determinate sentence plea paper help!
We need an example of some plea papers to use as a guide in the following determinate sentence scenario: juvy pleads true with an agreed recommendation that he receive a 10 year TYC sentence, probated 10 years. Juvy is 17 now and will agree that his juv probation will be transferred to adult probation under 54.051 as soon as he turns 18 (offense happened before legislative change to 19 yoa). I intend to do the transfer hearing immediately after the agreed disposition hearing. We don't have to handle many determinate sentence cases so any help would be appreciated. You can email me at bsmith@suddenlinkmail.com or call me at the Scurry County DA's office.
June 18, 2012, 17:10
Shannon Edmonds
I can't help you with the forms, but as an alternative to that deal, have you considered simply certifying him and doing the same deal in adult court, with TDCJ replacing TJJD? That might be simpler if everyone (you/defense/judge) agrees.
June 19, 2012, 09:53
Ben Smith
Thanks for that suggestion, Shannon. I'm looking for the most practical way to handle this. We've already filed the petition seeking determinate sentence and had the grand jury approve it. Thankfully, in our little county we've never had to certify a juvenile but that may be the best way to proceed at this point. With that said, if any of you all have plea forms that could assist please contact me.
June 20, 2012, 09:28
Stacey L. Brownlee
On its way. Call me if you need anything further.