WRITTEN PLEA ADMONISIIMENTS-WAIVERS-STIPU®)NS
`OFFENSES COMMITTED ON OR AFTER 0
`/1997 X3,
`10TH JUDICIAL DISTRICT COURT
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`GALVESTON COUNTY, TE,§A
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`2%/£4/03/2014
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`To: RICHARD EARL CHENEY, Defendant
`P {JJ.
`Pursuant to Art. 26.13 C.C.P.,you are hereby admonished bythe Court in writing asfollows:
`VJ‘
`1.
`You are charged with the felony offense of:
`THEFT OF PROPERTY < $1 .500 WITH TWO (2) OR MORE PREVIOUS CONVICTIONS
`If convicted, you face the following range of punishment:
`FIRST DEGREE FELONY: A term of life or any term of not more than 99 years or less than 5 years in the Institutional Division of the Texas Department
`of Criminal Justice and in addition, a possible fine not to exceed $10,000.00
`SECOND DEGREE FELONY: A tenn of not more than 20 years or less than 2 years in the Institutional Division of the Texas Department of Criminal
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`tice and in addition, a possible fine not to exceed $10,000.00
`I-IIRD DEGREE FELONY: A term of not more than 10 years or less than 2 years in the Institutional Division of the Texas Department of Criminal
`Justice; and in addition, a possible fine not to exceed $ 10,000.00. Range of punishment increased to 25- life with two (2) enhancements.
`STATE JAIL FELONY: A term of not more than 2 years or less than 180 days in a state jail and in addition, a possible fine not to exceed 3 10,000.00.
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`No. 13CR3557
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`PLEA BARGAINS: If no plea bargain exists, the recommendation of the prosecuting attorney is not binding on the Court. If a plea bargain does exist, the
`Court will inform you whether it will follow the agreement in open court and before any finding on your plea. Should the court reject the agreement you
`will be entitled to withdraw your plea.
`PERMISSION TO APPEAL: Where your plea of guilty or nolo contendere (no contest) is voluntarily and understandingly entered with a plea bargain
`agreement and the punishment assessed does not exceed the agreement between you and the prosecutor, the court must give pennission before you can
`appeal on any matter in the case except for those matters raised by written motion filed and ruled on prior to trial. Where your plea of guilty or nolo
`contendere is voluntarily and understandingly entered without a plea bargain agreement, the plea waives or forfeits the right to appeal a claim of
`error pertaining to guilt only when the judgment of guilt was rendered independent of, and is not supported by, the error.
`CITIZENSHIP: If you are not a United States citizen, a plea of guilty or nolo contendere may result in deportation, exclusion from admission to the
`country, or denial of naturalization under federal law.
`DEFERRED ADJUDICATION:
`lfthe Court defers adjudicating your guilt and places you on community supervision, a violation of any condition of
`community supervision may result in proceedings being initiated whereby you are arrested and detained, as provided by law, for a hearing by the Court
`limited to a determination of whether to proceed with an adjudication of guilt on the original charge. No appeal may be taken from this determination. Alter
`adjudication of guilt, all proceedings including pronouncement of sentence, granting of community supervision and your right to appeal continue as if
`adjudication of guilt had not been deferred.
`In addition, after adjudication of guilt the punishment assessed may be any term within the range for the offense
`and is not limited to the term of community supervision.
`SEX OFFENDER REGISTRATION PROGRAM: If convicted of or placed of deferred adjudication for an offense for which you are subject to registration
`under the Sex Offender Registration Program (Chapter 62 Texas Code of Criminal Procedure), you will be required to meet those registration requirements.
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`Comes now the Defendant, joined by my counsel, and states that I understand the foregoing admonishments from the Court and am aware of the consequences of
`my plea. I further state that I am mentally competent, that my plea is freely and voluntarily made. If counsel is appointed, 1 waive any time provided me by law
`to prepare for trial under Art. 1.051 C.C.P.
`I am totally satisfied with the representation provided by my attorney who provided fully effective and competent
`representation. Under Art. 1.14 C.C.P.
`I give up all rights given to me by law, whether of form, substance or procedure, including any time limitations imposed under
`the U.S. Constitution or Chapter 32 C.C.P. Joined by my attorney, I give up all right to a jury in this case under Art. 1.13 C.C.P., and I give up my right to
`appearance, confrontation and cross examination of witnesses as to guilt under Art. 1.15 C.C.P., and as to punishment.
`I consent to oral and written
`stipulations of evidence in this case.
`I have read and my attorney has explained to me the indictment or infomiation filed against me in this cause.
`I voluntarily
`waive reading of the indictment or infomIation( and acknowledge timely service of a copy of same) and voluntarily waive the arraignment period pursuant to Art.
`2603 C.C.P.
`I also waive the right to be accused by indictment where proceeding by information pursuant to Art. 1.141 C.C.P.
`I also give up my right to
`confidentiality pursuant to Art. 42. l2(9)(j), C.C.P. if a pre-sentence report is filed.
`I freely and voluntarily waive my right to have a court reporter make a record of the
`court proceedings in my case.
`I also waive and give up the 30 days provided in which to file a Motion for New Trial, Motion for Arrest of Judgment and Notice of
`Appeal.
`I completely understand all of the written waivers, stipulations and motions herein stated in connection with the plea, and each was done freely,
`voluntarily, and intelligently. The State and I mutually recommend to the Court that punishment in this cause be assessed at:
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`IE mates; tie/watr»>
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`13-ca-3551
`DCADWS
`Admonishment — Waiver — Stipulation to Evld
`832475