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Had a motion to modify today for placement to TYC. We used the paperwork we've used the last year or so (which I think is the same we've been using since I've been here) and TYC has told our officer and the JPO that they won't accept him b/c the Stipulation of Evidence doesn't exactly match the Order Modifying. The stipulation document states the violations of probation and lists them out. The Order modifying Commitment to TYC paperwork lists his underlying charge (the one for which he was placed on probation originally), but doesn't list each violation alleged in the Stipulation.
Does the Commitment document have to list his probation violations as well as the underlying offense? Or does the stipulation of evidence have to include the original underlying? Or both? If so, is this new?
I don't have the priviledge of creating the paperwork so If it sounds like I'm a little confused by my own question, it's b/c I am.
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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Disregard. TYC tells the transport officer that they were taking him. However, for future ref.sake, where can I find the answer? Anyone have a good contact at Marlin?
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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Don't feel lonely. The intake people at Marlin take great pride in nitpicking paperwork. I used to take is seriously, but no longer, the cries of wolf became tiresome. I always tell them when they call to have someone from legal services call me.

Only requirements in the code for the order are found in 54.05 (i) and (m). IMHO,they should not even be "judging" your stip of evidence at all, they are not an appellate court, if the Judge found the stip sufficient and the order is sufficient, the stip could say anything, how are they to know what happened on the record to complete your plea/hearing !!!!!!
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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