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`THE STATE OF TEXAS
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`vs.
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`RODGERS, BRIAN PEYTON
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`\
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`CAUSE NO. 231328501010
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`W)
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`§
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`§
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`IN THE COUNTY CRIMINAL
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`COURT AT LAW NO. 11
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`HARRIS COUNTY, TEXAS
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`MISDEMEANOR PLEA 0F GUILTY/ NOLO CONTENDERE
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`OFFENSE, RANGE OF PUNISHMENT, PLEA BARGAIN. Comes Now Defendant prior
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`to entering a plea herein representing to the Court the following:
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`I am mentally
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`competent and charged with the misdemeanor offense of VIOL BOND/PROTECTIVE
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`ORDER (389927) for which the punishment is by a fine not to exceed $4,000, or
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`confinement in the Harris County Jail not to exceed 1 Year, or both.
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`&’
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`The State has Offered:
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`time served 334” H cj CMM~ 3 )4y5
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`I have entered into a plea bargain agreement with the State.
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`ACKNOWLEDGEMENT OF RIGHTS. I understand that I have the right to: have a jury decide my
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`guilt or innocence, and, if found guilty, assess my punishment; compel witnesses to testify on my
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`behalf; confront and cross-examine my accusers; arraignment and have the charge read to me in
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`open court; remain silent; that anything I say can be used against me; and the right to have ten
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`(10) days after the appointment of my attorney before entering a plea of guilty/nolo contendere.
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`LIMITED RIGHT TO APPEAL. DIRECT AND COLLATERAL CONSEQUENCES. IMMIGRATION
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`CONSEQUENCES. I understand that upon a plea of guilty/nolo contendere, with ajury waiver, the
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`court may assess punishment without evidence; and that if the court does not exceed the agreed
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`recommendation in assessing punishment that my right to appeal my conviction will be limited
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`to matters raised by written motion and ruled upon before trial unless the court gives permission
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`to raise other matters; that if I am on community supervision or parole, my plea of guilty/nolo
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`contendere may result in the revocation of my community supervision or parole resulting in
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`additional confinement; that if I am found guilty this case may be used to enhance my punishment
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`if I am convicted of another offense; and if applicable, my privilege to drive may be cancelled,
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`suspended revoked; or denied. I understand that a plea of guilty or nolo contendere may result in
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`deportation, the exclusion from admission to this country, or the denial of naturalization under
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`federal law. I fully discussed this case with my attomey, and he or she answered each question
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`to my satisfaction.
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`WAIVER. With a full understanding of my rights, I knowingly and voluntarily waive each Of the
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`rights listed above, and I wish to plead guilty/nolo contendere to the offense alleged in the State's
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`information; and that any enhancement paragraph is true.
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`a. Retained or Appointed Counsel
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`PLEA. In open court I knowingly and voluntarily enter my plea of guilty/nolo contendere to the
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`offense charged in the information and request the Court immediately dispose of this case based
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`the prosecutor. IfuIther understand that if the judge does not follow
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`upon my plea agreement wi
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`bargain,
`'11
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`the p1
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`allowed to withdraw my plea.
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`ROD RS,
`N
`PEYTON,
`Defendant
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`2/ 25,20)
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`Date
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`ACKNOWLEDGEMENT OF COUNSEL.
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`I have consulted with the defendant whom I
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`believe to be competent and to whom I have fully explained all ofthe matters contained
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`herein including that a plea of guilty or nolo contendere for the offense charged may
`result in deportation, the exclusion fiom admission to this country, or the denial of
`naturalization under federal law.
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`I] As APPOINTED COUNSEL, I affirm that I fulfilled my duties under article 26.04(j) Code
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`of
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`riminal Proced e, (Vernon 2011) and request the Court allow me to withdraw as
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`PROSECUTORS CONSENT AND APPROVAL OF JURY WAIVER. The undersigned assistant
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`district attorney, on behalf of the State of Texas, consents to and approves the
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`defendant's waiver of trial by jury.
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`E >: E '\') g %
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`GUFFY, RACHEL ELIZABETH
`Assistant District Attorney
`Harris County, Texas
`TBC No. 24104422
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`GUFFY_RACHEL@dao.hctx.net
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`July 203 2020
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`Date
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`FINDING 0F COMPETENCE. Based upon the defendant’s demeanor and responses, the Court
`FINDS the defendant is competent and is knowingly, intelligently and voluntarily waiving
`the rights set out above including the right to a jury trial; and is knowingly, intelligently and
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`voluntarily entering this plea.
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`RIGHT TO POSSESS A FIREARM OR AMMUNITION. CITIZENSHIP, IMMIGRATION
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`CONSEQUENCES. I informed the defendant Of the nature of the charges, all rights and
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`consequences of a plea ofguilty / nolo contendere; including: that ifthe offense involves
`family violence as that term is defined in the Texas Family Code, Section 71.004 it will
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`be unlawful for the defendant to possess or purchase a firearm, including a handgun,
`long gun, or ammunition, pursuant to federal law under 18 USC Section 922(g)(9), or
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`Retained or Appointed Counsel
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`O
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`Texas Penal Code Section 46.04(b).
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`ACCEPTANCE OF PLEA.
`[Vibe Court FINDS there is sufficient information in the record to permit the
`|‘zfineaningful exercise ofsentencing discretion.
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`The defendant requests that a presentence investigation report not be made and the
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`Court agrees to the request.
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`[I The Court, FINDING counsel is appointed,
`WITHDRAWAL OF APPOINTED COUNSEL.
`pursuant to Tex. Code of Crim. P. Art. 26.040) (Vernon 2011), GRANTS counsel’s oral
`motion to withdraw, and ORDERS the Harris County District Clerk to make an entry in the
`Justice Information Management System reflecting counsel’s motion and the Court’s ruling.
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`[5% Court, under the Code of Criminal Procedure article 27.13, 27.14 (a), or 27.16
`(a), has inquired whether the defendant has sufficient resources or income to immediately
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`pay all or part of the fine and costs and FINDS the defendant:
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`[I Has sufficient resources or income to immediately pay all or part ofthe fines and
`costs.
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`B’fioes not have sufficient resources or income to immediately pay all or part of
`the fine and costs therefore the court determine the fine and cost should be
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`satisfied by:
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`El payment at some later date or in a specified portion at designated intervals
`and/or
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`I] through the performance of community service and/or
`erd in fun or part.
`844%
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`“mm
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`Judge Presiding
`Harris County Criminal Court At Law No. 11
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`Date Signed
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`This document was translated verbatim from English to_ by:
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`Interpreter
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`Date
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