The sentencing hearing for a 22-year-old Brenham man who pleaded guilty to sexual abuse of a child was rescheduled to 10:30 a.m. on May 14.
Luis Perez pleaded guilty on Nov. 21 before Judge Reva Towslee Corbett to aggravated sexual assault of a child, a first-degree felony. The offense is punishable by five to 10 years deferred adjudication — a sentence the state opposes, according to Washington County Assistant District Attorney Lauren Haevischer.
“We strongly believe the defendant should not be eligible for deferred adjudication probation based on the crime,” she said.
The range is also punishable by life, or any term not more than 99 years or less than five years in state prison and a fine not to exceed $10,000.
Perez submitted an un-negotiated plea, which means there is not an agreement as to the sentence.
Per the plea, he must register as a sex offender.
According to the indictment filed on Nov. 29, 2016, by the 21st Judicial District, Perez is accused of engaging in several sexual acts with a child younger than 14, including sodomy.
During Thursday’s docket presided by Judge Carson Campbell, defense counsel for Perez cited the Texas Code of Criminal Procedure Act. 42A.258, Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision or Rehabilitation.
It is a supplemental report of an evaluation to determine what type of treatment or rehabilitation the defendant would require.
In addition to that requirement by the court, Perez pleaded guilty before Judge Corbett, therefore, she has discretionary power in his sentencing to consider the above information and the circumstances surrounding the offense following a hearing, according to Haevischer, who is representing the state in this case.
“The guilt phase and sentencing are like two separate trials,” Haevischer told The Banner-Press, explaining that Campbell presiding over the hearing and handing down the sentence would be akin to switching judges in the middle of a jury trial.
“Since he pleaded guilty before Corbett, Campbell doesn’t legally have the evidence of guilt in order to sentence (Perez).”
According to Washington County District Attorney Julie Renken, seven individuals pleaded guilty to felony offenses and received terms ranging from probation to prison terms before Campbell during Thursday’s docket, including:
• Dayronn Clyde McCowan Jr., 20, of Brenham, had his probation revoked for burglary of a habitation, a second-degree felony, and was sentenced to seven years in state prison.
McCowan was fined $973 and $1,473.
• Jeremy Lester Hudgeons, 30, of Brenham, had his probation revoked for possession of prohibited weapons, a third-degree felony, and was sentenced to four years in state prison, as well as a $973 fine.
• Dominik Tyion Mosley, 25, of Hempstead, had his probation adjudicated and sentenced to four years in state prison for assault of a family member, impeding breath or circulation, a third-degree felony.
Mosley was also ordered to pay a $970 fine.
• Clarice Eugenia Devault, 39, of Brenham, was sentenced to 10 months in state prison for possession of a controlled substance PG 1 (less than 1 gram), a state jail felony.
• Ryan Patrick Dougherty, 34, of Bellville, was sentenced to five years deferred adjudication probation for possession of a controlled substance PG 1 (1-4 grams), a third-degree felony.
Dougherty was fined $500 and must perform 200 hours of community service restitution.
• Wilbert Crathers, 38, of Lewisville, was sentenced to 10 years in state prison, probated four years for driving while intoxicated, third or more offense, a third-degree felony.
Crathers was fined $1,500 and must perform 150 hours of community service restitution, as well as 10 days confinement in the Washington County jail.
• Joyce Marie Farrington, 63, of Brenham, was sentenced to two years deferred probation for injury to an elderly individual, a state jail felony.
Farrington was fined $500, must performed 100 hours of community service restitution and is prohibited from working as a caretaker.