Sentencing Question

[latinafever24]

My ex husband was recently released last June 2011 for doing 5 years in TDCJ on a concurrent robbery w/bodily injury case. He is one of the hard headed ones of course....let me explain. On December 5th, 2011 he was caught with 1-4 grams of controlled substance and is also pending a burglary of habitat charge in Ft Worth. I also found out on the same day, a burglary was committed in Arlington! I know it sounds crazy but need to see what everyone thinks about how this will go for him as far as sentencing (even though I know it's the judge's decision). This will be his 3rd time in with TDCJ however I believe the 1st time was state jail. He was sentenced to 18 months then released in 9 months. So he did half his time (thought state jail time was day for day) But anyway, my question is do you suspect the court will put these charges all together since it was all done the same day? As concurrent charges? Will they apply the 3 strike law to it? I have heard a couple of opinions but wanted more input. FYI-the dope case is a 3rd degree felony and the burglaries would be 2nd degree. I understand they may be enhanced but didn't know since there were going to be 3 charges in the end. Is each separate charge subject to enhancement individually or do they do a group enhancement? Any input is greatly appreciated

[ThreeDeep]

Most likely he will be sentenced for each case individually. The control substance case, depending on the drug can be dropped. Or minumum of 30 days of county time,

[ThreeDeep]

On thd burglarys I'm not that shirt, it depends on the evidence..

[latinafever24]

Originally Posted by ThreeDeep

On thd burglarys I'm not that shirt, it depends on the evidence..

Thanks for your input I'm taking it all to mind

[Firebrand]

When it comes to someone who is a repeat offender and along with that, someone who has been convicted for a violent offense things are not real black & white or concrete in terms of what the future holds with regard to sentencing. There’s a lot of grey there to be considered and to wait through. I’m not saying this to stress you out or make you feel any worse than you already do, but in situations like the one you’re loved one is faced with I think it is best to prepare for the worst and pray for the best. That’s about all any of us can do. I’ve been in his shoes before and it did not go so well for me when I came back a 2nd time to be sentenced for another felony after having been sent to prison for an aggravated robbery charge 7 years before. Maybe he will not be faced with the same circumstances, but the bottom line is he committed a violent offense that was a first degree felony and now he has come back and committed burglary of a habitation.

For the record, there is no such thing as a 3 strikes law in Texas. There are several states that have a 3 strikes law, but Texas uses what is referred to as enhancement clauses where sentencing guidelines are concerned. They are both similar, but not exactly the same.

[latinafever24]

Firebrand-thank you for your reply. I read previous posts from PTO showing Texas did have the 3 strikes law. But thanks for clarifying. Even though he and I are not together, we do have a baby boy on the way and I just kind of wanted to know what to expect sort of. Since the crimes were all committed the same day I saw him getting off easy for some reason but reading your comment has totally changed my views. I pray and hope he won't have to do too much time just because I wouldn't wish prison on anyone but at the same time....he made his bed and it's time to lie in it

[RobinsMan]

As Marty wrote, Texas has sentencing enhancement based upon prior convictions and there are quite a wide variety of them that could apply. There is one that could be conisdered a three strike law because it applies to any felony offense and is based specifically on having two prior final felony convictions where each subsequent offense was committed after the prior conviction became final.

Since your ex has been down twice before on separate occaisions it sounds like that particular enhancement could be applied to any or all of the new cases, one by one, each carrying a sentence of 25 to 99 years or life should he be convicted. Whether or not multiple new sentences are set to run concurrently or consecutively will be at the discretion of the judge.

[CenTexLyn]

As noted, Texas has a variant on the notions of the three-strikes statutes that other States have put into place. IF (and only if) the Indictment includes the necessary enhancement paragraphs that allege the final conviction for at least two felonies at the third-degree or higher level where they pre-dated the new offense conduct, then sentencing COULD move to the 25-99 year (or Life) range.

The reality, however, is that few jurisdictions actively seek prosecutions with the habitual enhancements simply because it is quicker and easier not to do so. Other Counties will indict with the paragraphs because they offer a tool for leveraging a plea agreement and once the plea is accepted by a Defendant, the State moves to abandon the enhancement paragraph(s).

A State Jail Felony CAN be used in select circumstances for enhancement purposes, but it does not get one to the habitual enhancement. In the instance where the 18-month sentence was imposed with a release occurring after 9 months, my guess would be that either there was nine months of backtime credit awarded at sentencing OR there was a release to shock probation (some courts are willing to shock a SJF while others will not entertain the motion).