Punishment Proceedings in Trial

P R O C E E D I N G S
THE COURT: All right. Y’all ready?
MS. WASHINGTON: Yes, Your Honor.
THE COURT: Okay. All right. Court calls Case No. 1415787, the State of Texas versus David Shawn Minze, for purposes of the punishment hearing after the jury finding Mr. Minze guilty of assault bodily injury of a family member, household member or in a dating relationship yesterday. State have any evidence they wish to introduce?
MS. WASHINGTON: Yes, Your Honor. The State would introduce State’s Exhibits 14, 15, 16, 17, and 18. They are prior convictions from different counties. Would you like me to read them on the record?
THE COURT: Sure.
MS. WASHINGTON: State’s Exhibit —
THE COURT: Well, I mean, if Mr. Defense counsel doesn’t object to them.
MS. WASHINGTON: Oh, I showed them to him —
MR. DEFENSE COUNSEL: We’ve seen them, Judge. We’re — yeah.
THE COURT: So they’re admitted without

 
objection?
MR. DEFENSE COUNSEL: Yes, Your Honor.
THE COURT: All right. Now you may summarize them on the record.
MS. WASHINGTON: State’s Exhibit No. 14 is Case No. CR-12-0132, from out of Parker County. State’s Exhibit No. 15 is CR-10-0626 from out of Parker County. State’s Exhibit No. 16 is CR-08-0526, again from out of Parker County. State’s Exhibit No. 17 is CR-07-0135 from out of Parker County. And State’s Exhibit No. 15 is — I’m sorry, 18 is CCL-99-1404.
THE COURT: Why don’t you summarize what the charges were.
MS. WASHINGTON: In State’s Exhibit No. 14, the offense was the defendant was convicted of forgery. And that would have been, it looks like, July 27th, 2012. State’s Exhibit No. 15, the defendant was convicted of fraudulent use or possession of identifying information. That would have been July 22nd, 2011. State’s Exhibit No. 16, defendant was convicted of UMV or unauthorized use of a motor vehicle. That would have been December 17th, 2000.
 
State’s Exhibit No. 17, the defendant would have been convicted of possession of fraudulent use of identifying information from out of Parker County. State’s Exhibit No. 14 through 17 are all felony convictions. And State’s Exhibit No. 18, the defendant was convicted of theft from out of Parker County.
THE COURT: All right.
MS. WASHINGTON: That’s it.
THE COURT: You close — you rest?
MS. WASHINGTON: Yes, Your Honor. State would rest.
THE COURT: Defense have any evidence they wish to introduce?
MR. DEFENSE COUNSEL: No, Your Honor.
THE COURT: Both sides close?
MS. WASHINGTON: Yes, Your Honor.
MR. DEFENSE COUNSEL: Yes.
THE COURT: All right. And either side require arguments, or have y’all reached an agreement?
MR. DEFENSE COUNSEL: We have reached an agreement.
THE COURT: And what is that?
MS. WASHINGTON: Your Honor, the State agrees to 180 days in jail with a hundred-dollar fine, credit for all.
 
It appears as though the defendant went to jail on May 26th, and he did not get out until
August 27th.
THE COURT: All right. And there is no agreement on the right to appeal; is that —
MR. DEFENSE COUNSEL: That’s correct.
MS. WASHINGTON: Correct, Your Honor.
THE COURT: All right. Mr. Minze, if you would please rise.
THE DEFENDANT: (Complies.)
THE COURT: The jury having found you guilty, I’ll now set your punishment at a hundred-dollar fine and 180 days in the Tarrant County jail. I’ll give you credit for any time that you have already served. And the fine, court costs and the money — the fine, the court costs and time will all run at the same time. You have a right to appeal this case to the Second Court of Appeals located in Fort Worth, Texas. You do so by filing a written motion for new trial or notice of appeal within 30 days of this date. If you do not have the money to hire a lawyer for the appeal, I will appoint a lawyer for you on the appeal. In addition, I will provide you with a
 
statement of facts at no cost to you. You realize you no longer have the right to possess or transfer firearms or ammunition?
THE DEFENDANT: Yes, ma’am.
THE COURT: Mr. Defense counsel, you were on his bond at the amount of $2500. Do you intend to let me make that the appellate bond now?
MR. DEFENSE COUNSEL: Yes, Your Honor. And I’ll be glad to sign documents to say I’m in agreement with that.
THE COURT: All right. And do you know if you intend to stay on as his appellate attorney or if you —
MR. DEFENSE COUNSEL: I will.
THE COURT: Okay. Mr. Minze, you would be placed on bond caseload. There will be several conditions, but one of those conditions is no harmful or injurious contact of any kind to Wendy Young, Cathleen Young, and obviously your — the two children who were in here yesterday. All right. Have a seat and they’ll finish that up.
MS. WASHINGTON: And, Judge, just for the record, I have Deputy Rojas here who was a fingerprint
 
expert in case the defense counsel wanted to speak with him.
THE COURT: All right. Thank you for coming.
(Proceedings adjourned.)