(d) When the defendant or the attorney representing the state files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, and when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while imprisoned from the Texas Department of Criminal Justice or, if the defendant is confined in county jail, from the sheriff. The court shall require the defendant to pay all the reasonable costs of the counseling sessions or attendance in the program on a finding that the defendant is financially able to make payment. The failure of the judge to make a finding under this subsection is not grounds for the defendant to set aside the plea, deferred adjudication, or any subsequent conviction or sentence. (d-1) The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045. 1997) (Rule 32 right to allocution applies); United States v. Rodriguez, 23 F.3d 919, 921 (5th Cir. 1488), Sec. . 1997); United States v. Zentgraf, 20 F.3d 906 (8th Cir. Now, a lot of the times thisprocess can be avoided by simply havingyour lawyer walk in and have aconversation with the judge and see ifthe judge would even consider it. 1, eff. Subdivision (a)(1)(A), (B) and (C) list the requirements for the preliminary hearing, as developed in Morrissey and made applicable to probation revocation cases in Scarpelli. [/Pattern /DeviceRGB] (a) Except as provided by Article 42A.102(b), if in the judge's opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision. 42A.252. Art. (b) A judge may not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English. (c) If a judge places on deferred adjudication community supervision a defendant charged with an offense under Section 21.11 or 22.011, Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that: (1) at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and. 42A.051. (c) The judge is not required to direct a supervision officer to prepare a presentence report in a felony case if: (1) punishment is to be assessed by a jury; (2) the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder; (3) the only available punishment is imprisonment; or. He is the founder of Benavides Law Group. /Filter /DCTDecode
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