Terms of Deferment
The defendant having been charged by information in the above entitled and numbered cause for the felony offense of Places Weapon Prohibited – Illegal Knife on School Premises, this cause being called this day for trial, the State appeared by her District Attorney, and the Defendant’s Attorney Ted Potter, and the Defendant Thomas Christopher Retzlaff appeared in person and both parties announced ready for trial, and the Defendant in person and in writing in open court having waived his right of trial by jury, such waiver being with the consent and approval of the Judge, and now entered of record on the minutes of the Court and such waiver being with the consent and approval of the District Attorney, in writing, signed by him and filed in the papers of this cause before the Defendant entered his plea herein, the defendant was duly arraigned and in open court pleaded GUILTY to the charge contained in the complaint and information; thereon, the Defendant was admonished by the Judge of the consequences of said plea, and the Defendant persisted in entering said plea and it plainly appearing to the Judge that the Defendant is competent and that he is uninfluenced in making said plea by any consideration of fear, or by any persuasion, or any delusive hope of pardon prompting him to confess his guilt, the said plea was accepted by the Judge and is now entered of record as the plea herein of the Defendant.
The Defendant, in open court is in writing having waived the reading of the complaint and information, the appearance, confrontation, and cross examination of witnesses, and agreed that the evidence may be stipulated to and consented to the introduction of testimony by affidavits, written statements by witnesses, and other documentary evidence, and such waiver and consent having been approved by the Judge in writing and filed in the papers of the cause; and the Judge, having heard the Defendant’s waiver of the reading of the complaint and information, the Defendant’s plea thereto, the evidence submitted, and the argument of counsel, is on the opinion from the evidence submitted that such evidence Substantiates the Defendant’s guilt. However, upon proper motion and due deliberation and consideration the Judge finds, in its opinion, that the best interest of society and the Defendant will be served by deferring proceedings without entering an adjudication of guilt, and places the Defendant on community supervision for a period of ten (10) years.
1. Neither commit nor be convicted of any offense against the Laws of the State of Texas, or any other State of the United States of America.
2. Avoid injurious or vicious habits and abstain from the use of narcotic drugs in any form, and not use alcoholic beverages.
3. Avoid places and persons of harmful or disreputable character, including places where narcotic drugs are possessed, sold or used and not associate with persons who possess, sell or use narcotic drugs, and not associate with persons with criminal records.
4. Obtain and keep gainful employment in a lawful occupation.
5. Report to the Community Supervision Officer on the 10th day of April, 1997, and as directed thereafter unless otherwise directed by the Judge.
6. Permit the Community Supervision Officer to visit you at your home or elsewhere.
7. Remain within Bell County, Texas, unless permitted in writing to depart by the Judge of the 264th District Court.
8. Not leave the State of Texas, without the written consent of the Judge filed among the papers in this Cause.
9. Support your dependents that you now have or that you may acquire during the term of this community Supervision.
10. Report any change of address, change of job or arrest to the Community Supervision Officer within 48 hours.
11. Pay Court Costs in the amount of $186.50 dollars to the Community Supervision Officer,to be paid $4000 per month beginning 30 days after release from incarceration ($156.50 Court cost $30.00 Pre-Sentence Investigation fee).
12. Defendant shall pay the Community Supervision Officer restitution or reparation in the amount of $ 0 for the benefit of the injured parties, to be paid as follows: ______
13. Pay a supervisory fee to the Bell County Community Supervision Office, Belton, Texas, in the amount of $40.00 per month, on the 1st day of each month, beginning 05-01-97 and continuing during the term of community supervision. (All payments held in abeyance until 30 days after release from incarceration.)
14. Pay a fine in the amount of $750.00 through the Community Supervision Office of Bell County, Texas, at the rate of $10.00 per month, the first payment due and payable on 30 days after release from incarceration, and a payment of $10.00 due and payable every 1st day of each month.
15. Participate and cooperate in the local C.S.C.D.’s assessment, classification and habilitation/rehabilitation program.
16. Defendant will participate in substance abuse testing and will Submit a urine/saliva/breath specimen at the direction of the Community Supervision Officer, daily, if required or upon demand and pay $5.00 per month beginning 30 days after release from incarceration and continuing during the term of Community Supervision.
17. Defendant is ordered to perform 500 hours of Community Service work under the direction of his Community Supervision Officer at a rate of not less than 40 hours per week until such time as he has obtained a full time employment outside his home. The balance of said Community Service work shall then be reduced weekly so long as defendant has a full time employment and provides weekly proof to Community Supervision Officer.
18. Not own, possess, use or transport a firearm or ammunition.
19. The defendant will pay an expense fee of $7.00 for the administration of the Substance Abuse Questionnaire beginning 30 days after release from incarceration.
20. Defendant is ordered not to directly communicate with Roger Courteau, Mrs. Roger Courteau, Kenneth Courteau, Lauryn Courteau. Dawnita Engelke, Jill Hargrove, Mike Renfro, Wes Peyton, John Gauntt (Except in writing unless in hearing or deposition in which John Gauntt represents a party to a lawsuit, Ralph Naranjo, David Zaragoza. Diana Naranjo, Cecilia Mendieta or Belinda Mendieta or go within 400 yards of the residence school or other location frequented by Roger Courteau, Mrs. Roger Courteau, Kenneth Courteau, Lauryn Courteau, Dawnita Engelke, Jill Hargrove, Mike Renfro, Wes Peyton, John Gauntt (Except in writing unless in hearing or deposition in which John Gauntt represents a party to a lawsuit). Ralph Naranjo, David Zaragoza. Diana Naranjo, Cecilia Mendieta or Belinda Mendieta, if advised by defendant’s supervision officer of the address of Said locations or if said locations are known to defendant through personal knowledge.
21. Defendant is ordered to have no contact or communication, direct or through a third party, of any kind with Roger Courtcau, Mrs. Roger Courteau, Kenneth Courteau, Lauryn Courteau, Dawnita Engelke. Jill Hargrove, Mike Renfro, Wes Peyton, John Gauntt (Except in writing unless in hearing or deposition in which John Gauntt represents a party to a lawsuit). Ralph Naranjo, David Zaragoza, Diana Naranjo, Cecilia Mendieta or Belinda Mendieta. Defendant shall not at any time attempt to see, contact or communicate in any way with Roger Courteau, Mrs. Roger Courteau, Kenneth Courteau, Lauryn Courteau, Dawnita Engelke, Jill Hargrove, Mike Renfro, Wes Peyton, John Gauntt (Except in writing unless in hearing or deposition in which John Gauntt represents a party to a lawsuit), Ralph Naranjo, David Zaragoza, Diana Naranjo, Cecilia Mendieta or Belinda Mendieta.
22. Participate in and complete a required Life Skills Class within fourteen (14) days of sentencing and pay a $30.00 fee, to be paid beginning 30 days after release from incarceration.
23. Participate in Intensive (Maximum) Supervision.
24. Seek employment through Employment Services Program, Texas Employment Commission, Texas Rehabilitation Commission at any time defendant is unemployed.
25. Submit to literacy testing and training as directed by Community Supervision and Corrections Department.
26. When reporting as ordered to the supervision officer of this Court, defendant is hereby ordered to give truthful information as requested by the supervision officer or his representative.
27. Defendant is ordered to actively seek, obtain and maintain full-time employment and not to be self-employed.
28. Defendant is ordered not to reside in any home where any firearm or ammunition is kept at any time by anyone.
29. Defendant is ordered not to consume, transport, purchase, trade for, own or possess any alcoholic beverage at any time or any place.
30. Defendant is ordered to attend, participate in and pay for any psychological evaluation and treatment arranged for by the supervision officer of this Court and sign any documents necessary to make the results of said treatment and evaluation available to your supervision officer.
31. Defendant is ordered to attend and participate in psychological counseling until released by the physician or further order of this Court. –
32. Defendant is ordered to exactly follow the instructions of any physician treating him as to taking medications prescribed for him by said physician, I.E. take his medicine when he is ordered to in the amount he is ordered to take.
33. Defendant is ordered not to represent to anyone at any time that he is a lawyer, attorney or legal advisor. Defendant is ordered not to hold himself out at any time as a lawyer, attorney or legal advisor, Defendant is ordered not to represent others in jail or assist them in any legal matters.
34. Defendant is ordered not to orally or in writing threaten anyone at any time with civil litigation without receiving written permission from this Court to do so based upon a written, sworn application presented to this Court by defendant (through his community Supervision officer) representing that the claim he wishes to pursue is not groundless or frivolous in the sense of the Texas Civil Practice and Remedies Code, Chapters 9 and 10, and setting forth in detail under oath the facts that he believes support his claim.
44. Defendant is to forfeit the knife seized at the defendant’s arrest to the Temple Police Department.
IT IS FURTHER ORDERED BY THE JUDGE that the foregoing terms and conditions of community Supervision and the period of same may be altered, modified, changed or adjudicated or terminated by the Judge upon the request of the Defendant or the State, when presented to the Judge.
BEFORE CHIEF JUSTICE LAW, JUSTICES PATTERSON and PEMBERTON.
CONCURRING AND DISSENTING OPINION
BOB PEMBERTON, Justice.
I joined in the Court’s original opinion in its entirety. On rehearing, I again join in the majority’s opinion with the exception of its new disposition regarding condition 39, which prohibited Retzlaff from threatening to file pro se civil litigation without first demonstrating to the trial court that such litigation would not be frivolous.