Punishment Jury Trial Marihuana


On the 11th day of August 2015 the following proceedings came on to be heard in the above-titled and numbered cause before the Honorable Cheril S. Hardy, judge presiding, held in Fort Worth, Texas, reported by machine shorthand utilizing computer-aided transcription

THE COURT: Y’all want to visit and see if you’ve got an agreement? THE COURT: We’re going to begin the punishment. Is the State ready?
MR. MARCUM: State is ready to proceed, Your Honor.
THE COURT: defense ready?
MS. KEENE: We are, Judge.
THE COURT: I understand that we have an agreement. MR. MARCUM: Yes, Your Honor.
THE COURT: Tell me what that is.
MR. MARCUM: The State agreed we would agree to a $500 fine, 90 days probated over 18 with the conditions set by the Court.
THE COURT: Ninety over 18?
MR. MARCUM: Correct. THE COURT: Is that your understanding as well?
MS. KEENE: That’s correct. THE COURT: I don’t know what the court costs were two years ago. They’re 384 now. So the jury has found you guilty. The

fine will be $500 plus court costs. We’ll give you time to pay that. Can you come Wednesday or Thursday?
THE DEFENDANT: Wednesday. THE COURT: Actually, it needs to be Wednesday morning. I’m sentencing you to 90 days in Tarrant County Jail probated for 18 months. A condition of your probation is DWI education class, substance abuse evaluation, victim impact panel class, 24 hours of community service. You must have an interlock. It’s a condition of probation. Mandatory. Do you have one?
THE DEFENDANT: I’ve had one for two and a half years.
THE COURT: Well, it’s mandatory that you have to have one. It’s not mandatory that you have to have one the entire term, although it would be if you got one after September 1st. We’re going to talk about that when you come on Wednesday. I’m probably gonna reduce your term from 18 to 12 months and see what we can do about the interlock. There’s no alcohol, no field sobriety test refusal, no blood or breath test refusals. I don’t think it’s going to happen. So I will see you Wednesday morning. I’m sorry. (Punishment concluded)

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez