The jury convicted Pedro O. Fuentez, Jr. We find no error and affirm. They started drinking before the dance and continued drinking while at the dance.
They left the dance around a. Sandoval was dating Mark, and she and Hernandez were planning on spending the night at his house. Mark lived with his brother, Roman Reyes, his ten-year-old daughter, V. When Fuentez, Sandoval, and Hernandez got to the house, other people were already there.
Most of hookup Youngstown OH adults, including Fuentez, were intoxicated. Everyone had a few more drinks. Sandoval and Mark eventually went to bed. Others left.
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Hernandez laid down on a couch. Fuentez told her that he was going to rent a motel room.
Hernandez heard the front door, and she went to sleep. When Hernandez woke up, she went to the bathroom.
Pedro o. fuentez, jr. v. the state of texas--appeal from th district court of midland county
She saw V. Hernandez heard V. Hernandez then turned and saw Fuentez. He cute date ideas Garden Grove CA nude except for his socks. Hernandez heard Fuentez say: ALet me explain, let me explain.
He also told Hernandez: AI thought it was you the whole time; let me explain. When she woke up, she felt something touching her Aprivate parts. She knew that it was a man and that it was not her father or uncle, but she did not know who the man was. She also knew the man had no clothes on.
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The police free exotic Bremerton summoned. Fuentez was arrested, and V. Armstead testified that V. He denied knowing any children were in the house. He testified that he needed somewhere to pass out and that he went to the nearest bedroom. It was dark in the bedroom, and he did not see anyone in the bed.
He went to sleep on top of the covers. He denied assaulting anyone and testified that he did not know there meet for sex Waterbury CT a problem until he woke up the next morning. Fuentez challenges his conviction and sentence with four issues. He alleges, initially, that the trial court erred by Waco tasca speed dating his motion for mistrial and, second, that his retrial constituted double jeopardy.
Third, Fuentez contends that the trial court erred by assessing his punishment beyond that recommended by the jury and, four, that the trial court erred by not granting his motion for an instructed verdict of not guilty.
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Fuentez had filed an application for community supervision but did not file an election to have the jury assess punishment. Glendale digby dating jury was selected and sworn. The trial court read the indictment, and Fuentez pleaded not guilty.
The State presented its opening statement. The prosecutor did not oppose this request.
The trial court granted the motion and discharged the jury without inquiring of Fuentez to determine if he agreed to waive his double jeopardy rights by requesting a mistrial. Fuentez elected to have the jury assess punishment.
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The jury found Fuentez guilty of two counts meet ladies in Cincinnati Ohio OH indecency with by contact. The jury Murfreesboro lounge dating found that Fuentez had not been ly convicted of a felony and recommended that his confinement C but not his fine C be suspended. Fuentez argues that, because he did not personally agree to a mistrial and there was no manifest necessity for one, the subsequent trial violated his constitutional right to be free from double jeopardy.
See generally Arizona v. Washington, U. That statement is true in some C but not all C instances.
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Fuentez relies on Boykin v. Alabama, U. This was an appeal of a death penalty sentence.
Boykin pleaded guilty to the charged offenses. The trial court conducted a jury trial to assess punishment, and the jury returned a death penalty verdict.
The Supreme Court reversed the sentence because the trial court accepted the guilty Vegas gooding jr dating without inquiring of Boykin to insure that his guilty plea was intelligent and voluntary. The court noted that a guilty plea is more than an admission: it is a conviction. Consequently, a trial court must determine from the defendant himself that a guilty plea is being freely, knowingly, and voluntarily given before accepting it.
Later, in New York v.
Hill, U. The court recognized that the right to counsel and the right to plead not guilty cannot be waived by counsel without the fully informed and publicly acknowledged consent of the defendant. These would include decisions such as which arguments to pursue, which evidentiary objections to raise, and what agreements to Midland TX women seeking sex regarding the admission of evidence.
In Rios v. State, S. To this list, one might also add: to have an attorney or not. See Hill, U. The Rios opinion indicates that the court was concerned, at least in part, with hybrid representation and the possibility that trial courts would be required to see if the defendant personally acquiesces in every tactical or strategic decision of his attorney.
At the end of the voir dire examination, the trial court expressed its opinion that the witness had been intimidated. That led to an exchange between the trial court and counsel, following which the trial court asked defense counsel if they wanted a retrial.
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One attorney indicated his desire that the trial proceed. The trial court proceeded to grant a mistrial without affording the attorney an opportunity to confer with the defendant. The court of criminal appeals held that, under these circumstances, the defendant had not consented to a mistrial.
One affirmatively declined the offer, and the second wanted an opportunity to visit with the client. The reasons why a defense counsel might request a mistrial are numerous and may often require a quick decision and the benefit of legal training and experience. In Hill, U. In Lauderdale dates for couples, S. Such a result is impractical.
Furthermore, because this does not involve one of the four basic decisions, Supreme Court authority indicates the defendant must personally make, it is not constitutionally required. Fuentez argues in his third issue that the Indiana dating habits court erred by placing him on ten years community supervision rather than five. The State responds that, when the jury recommended community supervision, the trial court was required dating an Cincinnati Ohio OH place Fuentez on community supervision but that it retained the authority to impose any period of supervision provided by Tex.
Code Crim. Neither party has cited us to any authority addressing this particular question.
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A plain reading of Article Article A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict. Because Fuentez faced felony charges, Article It provides that the maximum period man looking for woman in Ontario community supervision is ten years. Fuentez is correct that the jury assessed his sentence at five years.