John Turner Gray v. State ( 2015 )

11/20/2015 SCANNED Page 1
CASE No. 366-81875-2014 COUNT SINGLE INCIDENTNO./TRN: 9229440795/AOOI
THESTATEOFTEXAS § IN THE 366TH JUDICIAL.
§ FILED IN
5th COURT OF APPEALS
v. § DISTRICT COURT DALLAS, TEXAS
§
JOHN TURNER GRAY § 1/4/2016 3:47:40 PM
COLLIN COUNTY, TEXAS
§ LISA MATZ
STATE ID NO.: TX08439240 § Clerk
JUDGMENT OF CONVICTION BY JURY
Judge Presiding: Date Judgment
HON. RAY WHELESS 11/612015
Entered:
Attorney for
Attorney for State: COURTNEY M. NEEL MARK HEIDENHEIMER
Defendant:
Offense for which Defendant Convicted:
CRIMINAL MISCHIEF>=$1,500<$20K
Charging Instrument: Statute for Offense:
INDICTMENT 28.03(b)(4) Penal Code
Date of Offense:
1123/2014
Degree of Offense: Plea to Offense:
STATE JAIL FELONY NOT GUILTY
Verdict of Jury: Findings on Deadly Weaoon:
GUILTY N/A
·Plea to 2"' Enhancement/Habitual
Plea to I" Enhancement
N/A Paragraph: N/A
Paragraph:
Findings on. I" Eitharicement Findings on 2"'
Paragraph: N/A Enhancement/Habitual Paragraph: N/A
Date Sentence Imposed: Date Sentence to Commence:
Punished Assessed by:
JURY 11/6/2015 11/6/2015
Punishment and Place ONE HUNDRED EIGHTY (180) DAYS STATE JAIL DIVISION, TDCJ
of Con linemen!:
Fine: Court Costs: Restitution: Restitution Payable to:
$ 1,800.00 $ 370•00 $ NA E\~CTIM (see below) D AGENCY/AGENT (see
THE CONFINEMENT ORDERED SHALL RUN CONCURRENTLY.
THE FINE ORDERED SHALL RUN CONCURRENTLY.
0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION
FOR
Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62.
The age of the victim at the time of the offense was N/A years.
lfDefendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.
Time From to From to From _ _ to _ _
Credited:
From _ _ to _ _ From _ _ to _ _ From _ _ to _ _
63DAYS .I
If Defendant is to serve sentence in countv jail or is siven credit toward fine and costs. enter days credited
TURNER 866·81805-14 JOHN TURNER GRAY 366-81875-2014 p,,.
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below.
N/ADAYS NOTES: N/A
All pertinent information, names and assessments indicated above are incorporated into the language oftbe judgment
below by reference.
This cause was called for trial in Collin County, Texas. The State appeared by her District Attorney.
Counsel/ Waiver of Counsel select one
Defendant appeared in person with Counsel.
0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging
instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was
read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record.
The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to
determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the
jury delivered its verdict in the presence of Defendant and defense counsel, if any.
The Court received the verdict and ORDERED it entered upon the minutes of the Court.
Punishment Assessed b Ju I Court I No election select one
Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence
relative to the question of punishment The Court charged the jury and it retired to consider the question of punishment. After
due deliberatio~. the jury was brought into Court,,and, in open court, it returned its verdict as indicated above.
D Court. Defeqdant elected to have the Court assess punishment. After hearing evidence relative to the question of
E!:!_nishment, the Court assessed Defendant's punishment as indicated above.
U No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment After
hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.
The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that
Defendant is GUlLTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done
according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court
costs, and restitution as indicated above.
Punishment Options (select one)
181 Confinement in State Jail.or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or
the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, State Jail Division, TDCJ. The
Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant
remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court
ORDERS that upon release from confinement, Defendant proceed immediately to the Collin County District Clerk. Once
there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and
restitution as ordered by the Court above.
D County Jail---<:onfinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately
committed to the custody of the Sheriff of Collin County, Texas on the date the sentence is to commence. Defendant shall be
confined in the Collin County Jail for the period indicated above. The Court ORDERS that upon release from confinement,
Defendant shall proceed immediately to the Collin County District Clerk. Once there, the Court ORDERS Defendant to pay,
or make arnu:'gements to pay, any,remaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 Fine Only Payme~t. The punishm~nt assesse~ against Defendant is for a FINE ONLY. The Court ORDERS Defendant to
proceed immediately to the Office of the Collin County District Clerk. Once there, the Court ORDERS Defendant to pay or
make arrangements to pay all fines and court costs as ordered by the Court in this cause.
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Execution I Sus ension of Se fence select one
The Court ORDERS Defendant's sentence EXECUTED.
D The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on
community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the tenns and
conditions of community supervision. The order setting forth the tenns and conditions of community supervision is
incorporated into this judgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Following the disposition of this cause, the defendant's fingerprints were, in open court, placed upon a Judgment
Certificate of Defendant's Prints. Said Certificate is attached hereto and is incorporated by reference as a part of this
Judgment.
Furthermore, the following special findings or orders apply:
Signed on the day of November 18 • 2015
..~J,---,IPJ (J).PPA/Y
PRlNTEDNAME
If sitting for Presiding Judge
Clerk:
1'URN.ER 386..S1S11)..14 JOHN TURNER GRAV 366-81875-2014
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