`OF
`HIDALGO COUNTY, TEXAS
`
`THE STATE OF TEXAS
`VS.
`FERNANDO PEREZ
`
`§
`§
`§
`
`CAUSE NO. CR-l7-05924-A
`SID NO.
`16853089
`ORDER EXTENDING PROBATION JUDGMENT
`On this the
`day 0f
`, came on to be considered the
`, 20
`motion of the Criminal District Attorney and the Hidalgo County Community Supervision & Corrections
`Department, to extend the Probation Judgment entered in the above entitled and numbered cause 0n
`02/01/2018 , for the Misdemeanor offense of ASSAULT (MA)
`, said Judgment of Probation should
`extend the period of probation not to exceed 12 (TWELVE) months, commencing on JANUARY 31 , 20
`fl. All conditions of probation ordered on the original Probation Judgment and any amendments thereof,
`remain in full force and effect during the extension period.
`It appearing t0 the Court that probationer had been informed by the Hidalgo County Community
`Supervision & Corrections Department of said Motion, and the Court having examined the pleadings
`executed by the probationer therein, is of the opinion that said motion be and is hereby granted and the
`Judgment is hereby extended as set forth above and that a certified copy of this Order be delivered by the
`Clerk 0f this Coun to the defendant and probationer herein.
`
`Granted:4 I h
`
`Signed on this
`
`I
`
`Denied:___
`day of EL . Zolq .
`
`i
`
`RODOLFO *f{
`' (?QNZALEZ
`Presiding Jud
`t Law #1
`County Court
`Hidalgo County, Texas
`
`ATMO‘FC‘E’EK4—--w
`
`JAN 1
`t. 2mg
`RyJR xuanERK
`TLNNNOH“ormcuao g3
`m________ DEF.
`
`3
`
`1
`
`1
`
`jazmin.herrera@hidalgocountycscd.org
`CSO:
`09/24/20! 8
`Updated 07.1447
`
`
`
`Approved as to Form:
`
`I z...
`Slstant DistrictMney
`JAZWRW ‘
`
`Community Supervision Officer
`
`CSO: jazmin.herrera@hidalgocountycscd.org
`09/24/20 l 8
`EXTPR03_MISD mt
`Updated 074447
`
`
`
`IN THE COUNTY COURT AT LAW #1
`OF
`HIDALGO COUNTY, TEXAS
`
`‘
`
`THE STATE OF TEXAS
`§
`CAUSE NO. CR-l 7-05924-A
`VS.
`§
`FERNANDO PEREZ
`SID NO.
`16853089
`§
`WAIVER OF HEARING ON EXTENDING PERIOD OF PROBATION
`TO THE HONORABLE JUDGE OF SAID COURT:
`I, FERNANDO PEREZ , the defendant in the above entitled and numbered cause, having been
`informed by the Hidalgo County Community Supervision & Corrections Department that the State of Texas by
`and through her Criminal District Attorney of Hidalgo County, Texas,
`will seek to extend the Judgment of
`12 (TWELVE)
`months in accordance with Article 42A.753, commencing on _
`probation not to exceed
`JANUARY 31 , ZOfi with all conditions of probation ordered on the original Probation Judgment and any
`amendments thereof, to remain in full force and effect during the extension period and I have also been
`informed of my right t0 appear in person and/or by attorney to contest the extension 0f said Judgment, do
`hereby waive a hearing thereon and hereby voluntarily and knowingly give my consent to such extension of
`Judgment as set forth above.
`
`This waiver was translated and explained to me in Spanish by CSO JAZMIN HERRERA.
`Date:
`
`Respectfully submitted,
`
`/I
`
`X41
`FERNANDO PEREZ
`PROBATIONER
`
`‘
`
`CSO: jazmin.herrera@hidalgocountycscd.org
`09/24/20 I 8
`EXTPROBWMISD RIF
`updated o7. I 4. I 7
`
`
`
`THE STATE 0FTEXAS
`
`VS. QWMQQI
`o. Q~lj~fifla4fl
`MINUTES OF THE COUNTY COURT AT LAW NO. ONE
`OF HIDALGO COUNTY, TEXAS
`DEFERRAL ADJUDICATION JUDGMENT
`lfin he above entitled and numbered cause with the
`The Defendant having been ch
`ed
`A
`Misdemeanor offense of
`which offense
`. W117
`i” lnl
`v
`is said to have been committed on the
`day of
`and this cause being this day called for trial, the State appeared by 1] r Criminal District Attorney. The
`Defendant appeared in person and by Counsel,
`. If the Defendant
`did not appear with counsel, the Defendant appeared in person, and lmowingly, intelligently and voluntarily
`waived the right to representation by counsel. Both parties announced ready for tn'al.
`The defendant, in writing and in open court, having waived his/her right of trial by jury, such
`waiver being with the consent and approval of the Court and now entered of record on the minutes of the Court,
`and such waiver being with the consent and approval of the District Attorney in writing and filed in the papers
`of this cause.
`
`The Defendant was arraigned and in open Court, pleaded GUILTY to the charge contained in thc information.
`Thereupon the Defendant was admonished by the Court of the consequences of said plea, including the range of
`punishment for the offense and that no punishment recommendation by the prosecuting attorney is binding on
`the Court. The Court inquired into the existence of plea bargaining agreements and then informed the
`Defendant whether it would reject or accept the plea bargaining agreement The Defendant persisted in entering
`the said plea and it appeanng to the Court that the Defendant is mentally competent and that the plea is free
`and voluntary, accepted the said plea which is here entered of record upon the minutes. The said plea of the
`Defendant was received and entered of record upon the minutes The Court having heard the information read,
`the Defendant's plea thereto, the evidence submitted, and the argument of Counsel thereon, found that the
`evidence substantiates the Defendant's guilt, and the Defendant having in open Court requested the Court to
`defer further proceedings and place the Defendant on probation in accordance with Article 42. 12, Section 5 of
`the Texas Code of Criminal Procedure, and the Court informed the Defendant that in the event the Defendant
`was granted deferred adjudication and placed on community supervision, the Defendant may have the n'ght to
`petition the Court for an order of
`non—disclosure after successfully completing supervision, unless the
`Defendant was ineligible due to the nature of this oflense or the Defendant’s criminal history, and the Court
`being of the opinion that it is to the best interest and welfare of society and the Defendant that further
`proceedings be deferred in accordance with said provision.
`
`sh 11
`
`‘
`
`IT IS THEREFORE ORDERED by the Court that all further proceedings herein be deferred without the entry
`of a judgment of guiltyWfiye Defendant be placed upon community supervision for a term of
`from the date hereof. Such community supervision
`B'e s i D r ndant sham:
`n iti n d th’a
`Commit no offense against the laws of this State or of any othet State or of the United States;
`Avoid the use or abuse of any and all Alcoholic Beverages or Mind Altering Drugs during
`the entire period of community supervision.
`Avoid persons or places of disreputable or harmful character;
`Report monthly in person to the Supervision Officer beginning IMMEDIATELY and continuing thereafter
`as directed by the Supervision Officer of the Community Supervision and Corrections department;
`Permit the Supervision Officer to visit him at his home or elsewhere;
`
`1
`2.
`
`3.
`4.
`
`5.
`
`
`
`Work faithfully at suitable employment as far as possible and report any change in
`employment to his Community Supervision and Corrections Officer;
`Remain within a specified place, to-wit: Hidalgo County, Texas and before any change of
`residence, prom 1
`Pay FINE of § 3% .00 , to the County of Hidalgo due on or before 9O days from the date of the
`notify the Court;
`Order and every month thereafter until paid in full:
`payable at the Hidalgo County Collections
`Department, 100 N. Closner, Edinburg, Texas.
`Pay COURT COSTS IN§TANTER, said payment to be made through the Hidalgo County Collections
`Department, Edinburg, Texas;
`Pay a COMMUNITY SUPERVISION FEE in the amount of $60.00,
`due on or before 30 days
`from the date of this Order and every month thereafter until paid in full: payable at the Hidalgo
`County Community Supervision and Corrections Department, 3100 South Business 281,
`Edinburg , Hidalgo County, Texas;
`Support any dependents;
`The Defendant shall participate fully in the Hidalgo County Education and Employment Program
`commencing
`, submit to scholastic testing, academic/vocational counseling, abide by
`all the rules and regulations of the program, achieve an educational skill level that is equal to or
`greater than the average skill level of students who have completed the sixth grade in public
`schools in this State, and shall remain in such program until successful completion or further
`ordered by the Court.
`hours of
`Perform
`at the rate
`at.
`hours per week as directed by the community supervision department.
`of
`If
`defendant is hereby ordered to perform more than 16 hours per week of COMMUNITY SERVICE,
`the court hereby finds that requiring the defendant to work more than 16 hours does not work a
`hardship on the defendant or the defendant's dependents.
`_ a.
`Community Service is waived because:
`_ b.
`The defendant is physically and mentally incapable of participating in the project;
`_ c.
`Participating in the project will work a hardship on the defendant or the
`defendant's dependents;
`Pay RESTITUTION in the amount of$_—__ payable to in equal monthly payments,
`The defendant is to be confined in a substance abuse punishment facility as a
`_ d.
`condition of community supervision; or
`There is other good cause shown to-wit:
`the first payment due on or before 30 days from the date of this Order and every month thereafter
`until pay in full.
`payable at the
`Hidalgo
`County Community Supervision and Corrections Department, 918 E. Business HWY 83, McAllen,
`Texas.
`RESTITUTION HEARING:
`Pay COURT APPOINTED ATTORNEY FEES in the amount of $
`.00 payable in equal
`monthly payments, the lst payment due on or before 3O days from the date of this Order and
`every month thereafter until pay in full. payable at the Hidalgo County Collections Department,
`__.__ days.
`Edinburg, Texas;
`That the defendant to be remanded to the custody of the Hidalgo County Sheriff‘s Department for
`Mwhich is certified by the Texas Department of State Health Services and approved by
`The defendant shall attend and successfully complete a 15 119L135 QF DEQQ EDUCAIION
`the Hidalgo County Community Supervision and Correction Department. The Defendant shall pay
`for the costs of the classes on the
`directly to the sponsoring agency,
`complete said classes within 180 days of this Judgment, and submit a copy of the certificate of
`completion to the Hidalgo County Community Supervision and Corrections Department.
`It is further Ordered that the Texas Driver’s License to operate a motor vehicle in the State is
`INSTANTER
`hereby suspended for
`o
`e
`commencing
`Defenaa‘fit to ai’t'end and complete IHEE QEFENDEB [MERyEunQu EQLJQATIQNAL
`Wcommencing
`
`8a.
`
`8b.
`
`10.
`
`11.
`
`Ila.
`
`12.
`
`13.
`
`l4.
`
`15.
`
`16.
`
`17.
`
`18.
`
`Defen Wa
`
`i
`
`;
`
`.
`
`
`
`Defendant is to submit toW for alcohol or controlled substances by authorized
`
`a.
`
`l
`
`.
`
`.
`
`personnel of the Hidalgo County Community Supervision and Corrections Department
`commencing INS1M [ER
`Make payment in the amount of $8.00 for the cost of the analysis for alcohol or controlled
`substances, said payment due on the date of each analysis, and payable at the Hidalgo County
`Community Supervision 8; Corrections Department, 3100 S. Highway 281, Edinburg, Texas.
`Defendant shall install at his/her own expense Mobile Alcohol Monitoring Device which is approved by
`the Hidalgo County Adult Probation Department commencing INSTANTER for the period of
`. The defendant shall refrain from consuming any and all type of alcohol
`or products containing alcohol. This monitoring device must be maintained by the Defendant
`throughout the entire term ordered.
`NI M NT RIN D ‘
`D
`Defendant shall have91m starting at
`Defendant shall have
`IN
`Commencing
`Commencing
`D Defendant to SERVE a TERM ofCONFINEMENT and TREATMENT for a period not to exceed twelve
`(12) months in the HIDALGO COUNTY SUBSTANCE ABUSE TREATMENT FACILITY located at 1000 North
`“M” Road, Edinburg, Texas, commencing on the
`day of
`. 20
`: accept and
`receive substance abuse treatment; cooperate fully with the prescribed regimen of care; and remain committed to the
`facility until released by Residential Director.
`a. UPON COMPLETION of the HIDALGO COUNTY SUBSTANCE ABUSE TREATMENT FACILITY
`program the defendant shall participa‘e and comply with all rules and requirements of an AFFERCARE RE
`ENTRY COURT PROGRAM provided by the HIDALGO COUNTY COMMUNITY SUPERVISION &
`CORRECTIONS DEPARTMENT and remain in said program until successfully completed.
`b. The Court finds that all court-ordered payments, if any , are suspended during the Defendant’s custodial
`supervision, if any, and such payments shall be reinstated thirty days from date of discharge from such
`custodial supervision.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`25.
`26.
`The Clerk of this Court will furnish the Defendant a certified copy of this Order and shall note on the docket
`W” f”;
`I sheet the date of delivery of such Order. (If blanks [eh in any condition the condition does not a
`"wmttzglaksoma
`. AMER
`mg 33,65
`w
`. vfiyfbemsmsszomtmibowmnaed
`4;;
`no atriér‘disjsosiugnfias beeh’énter‘ed therein: "
`day of Webs‘oafij) ,20 K.
`1 g
`SIGNED on this
`/
`RODOLFo/“xzdbfifinmmz, JUDGE
`COMMUNITY SUPE VISON E
`IRES
`FINE PAYABLE
`, 0
`Supervision Officer
`
`,
`
`-‘lasii‘-G9'tmf.jtws:..
`
`‘
`
`.,;
`,,
`
`.
`
`.
`
`.
`
`2O
`
`;
`
`‘
`
`‘
`
`DEFENDANTS INDEX FINGER
`
`
`
`IN THE COUNTY COURT AT LAW #1
`OF
`HIDALGO COUNTY, TEXAS
`
`l
`
`THE STATE OF TEXAS
`VS.
`FERNANDO PEREZ
`
`§
`§
`§
`
`CAUSE NO. CR-17-05924—A
`SID NO.
`16853089
`
`MOTION TO EXTEND PERIOD OF PROBATION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`Now comes the State of Texas by and through her Criminal District Attorney and the Hidalgo County
`Community Supervision & Corrections Department, and move the Court to extend the period 0f probation
`not t0 exceed twelve (12) months in accordance with Article 42A.753. Original Judgment was entered 0n
`02/01/2018, for the misdemeanor offense of ASSAULT (MAI, against the above defendant and for grounds
`therefore represent to the Court the following:
`That said Judgment 0f probation should extend the period of probation not to exceed 12 1TWELVE)
`months commencing on JANUARY 31 20L. A11 conditions of probation ordered on the original
`Probation Judgment and any amendments thereof, should remain in full force and effect during the extension
`period.
`
`Respectfully,
`
`Arnold K. Patrick, Executive Director
`Community Supervision &
`Corrections Department
`
`By
`
`RAQ
`JAZMIN
`Community upervision Officer
`
`‘
`
`w
`
`‘
`
`
`
`[
`
`Assistant Criminal District Attorney, hereby approve/
`oppose / have no opinion of (circle one) the Motion to Modify Probation Judgment of the above named
`defendant.
`
`Ricardo Rodriguez, Jr
`Criminal District Attorney
`Hidalgo County, Texas
`
`‘
`
`¥
`
`‘
`
`nt District At&{mey
`
`CSO:jazmin.herrera@hidalgocountycscd.org
`09/24/20 l 8
`EXTPROB_MISD RTF
`Updmed 074+ 1 7
`
`