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# RECEIVED IN - COURTOFCRIMINALAPPEALS 

# MAY 28

# 2015

---**---~-** 

### ---------,vn:;Hff

# &~Clt? ..:Z..I6 No. 2014CR2964

PLEA BARGAIN /. I, the undersigned Defendant, together with my counsel and counsel for the State, agree that in exchange for the Defendant's agreement to plead 

### /cy or nolo contendere, to allowthe State to prove its case by means ofwritten stipulations. The State may make recommendations regarding punishment; . Jwever, it is understood by all that even in the event the parties agree to recommend specific conditions and terms of community supervision or deferred adjudication or the length ofsupervision that such recommendations are not part ofthe formal plea agreement and are not binding on the Court. All parties ·understand and agree that the terms, conditions and length of supervision of community supervision or deferred adjudication are to be determined and assessed solelywithin the Court's discretion. It is further understood and agreed by the parties that in the eventthe Court assessed terms, conditions and or a length of supervision of community supervision or deferred adjudication different from those agreed to by the parties, that such difference shall not constitute grounds for setting aside· the Defendant's plea in this cause. Ifthe court grants deferred adjudication, the State does not recommend any term ofyears as part ofthe plea agreement. All parties agreethat ifdeferred adjudication is subsequently revoked, Defendant may be sentenced toanyterm ofyearswithinthe range ofpunishmentprovided by lawforthis offense. It is mutually agreed and recommended bythe parties:
__ Prosecution to proceed only on Count(s) Prosecution for lesser included offense of_________ _ __ Defendant agrees that he has been previously convicted ofone/two or more felonies for enhancement under 12.42 P.C. __ ClassA Misdemeanor punishment with Statejail Felony Conviction under 12.44 P.C. _ X_Punishmentto be assessed at_8 years _X_Fine $_1500 ___ _ __ Affirmative Finding ofDeadlyWeapon or 3G offense, Defendant noteligible for supervision under CCP 42.12,Sec.3 _X_There is no application for community supervision/deferred adjudication. __ State will make no recommendation of Defendant's deferred adjudication/community supervision application. State reserves right to speak as to factual issues relevant to Defendant's punishment. __ State opposes community supervision/deferred adjudication. __ State recommends community supervision. __ State recommends deferred adjudication. _X_Concurrentwith: _2014CR2210------------------------,--------- _x_causestaken into consideration: __ NM 226830 (felon in poss)._____________________ _ __ Restitution to be determined by the Court through the Community Supervision office or$----------'---------- __ Parableto victim in this cause number

## only:-------------------------------,
. __ Payable to victims under:------------------------------------ __

### Other:----------------------------------------~--- WAIVER OF APPEAL I understand that upon my plea of guilty or nolo contendere, where the punishment does not exceed that recommended by the prosecutor and agreed to by me, my right to appeal will be limited to only: (1) those matters that**wer~** raised by written motion file_d and ruled on before trial, or (2) other matters on which the trial court gives me permission to appeaL I understand that I have this limited right to appeaL-·However, as part of my plea bargain agreement in this case, I knowingly and voluntarily waive my right to appeal under (1) and (2) in exchange for the p ecutor's recommendation, provided that th unishment a ed by t e court does not exceed our agreement In addition, ifand when I am senten d t the Texas Department of Criminal o this case, 

### r. b requ t transferto said institution. DATE 

# 7 agreements not setforth above. 

### The

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# Co"""''' . DEFENDANT 

### Tlfe above terms constitute our agreement, and there e follow

### the;flJ~~..biilrgaJ!!:

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# ( .) ASSISTANT DISTRICTATTORNEY NOTE: The parties are not allowed to make inding agreements regarding the length of community supervision or the terms and conditions of community supervision, which are totally dependent upon the Court's discretion. The following recommendations do not constitute part ofthe formal plea agreement. However, the (State) (both parties) make the following non-binding recommendations:

__ Community Supervision be granted for __years __ TreatmentAlternative to Incarceration Program -.-Hours Community Service __ ._Days Electronic Monitoring __ Days in Bexar County Jail or State Jail (circle one) __ Substance abuse treatmentfacility __ Zero Tolerance Bootcamp or State Bootcamp Program (circle one) __ No contact with __ ___:_ _:____________________________________ -:-- Other Punishment recommendations:----------------:----------------------