Habitual Offender Blew His Only Chance — Instantly Regrets It!

Added: 2026-05-22

[00:00:00]Mr. Smith was when a little light on the chances that you've been given.

[00:00:05]Because when you were placed on probation back in 2019, um started off decent, and then it looks like in 2022, and and you were 39 years old in 2019. So, it's not like you were young and you've learned something and, you know, Good morning. Are you Kelvin Johnson?

[00:00:23]>> Yes, ma'am. And this is 25DCCR1781.

[00:00:27]Mr. Johnson was previously informed entered a plea of guilty um to the state jail felony offense of theft of property with previous convictions. Entered pleas of true to um prior convictions making this a third-degree felony um enhanced.

[00:00:41]The agreement was for a cap of 5 years in prison. I received the presentence report. Have um you both had an opportunity to review that report?

[00:00:49]>> Judge. I have, Judge. Any additions or corrections?

[00:00:52]>> Nothing from the defense. Nothing from the state. All right, Mr. Rojas, you may proceed. Thank you, Judge. Uh obviously, Judge, when you look at this PSI, what stands out is the criminal history. It rather lengthy on paper. I'll point out to the court that most of the misdemeanors anyway are are are trespassing cases. Um And and I would guess that Mr. Johnson told me this is a case that that most of those because he was homeless didn't have any place to go.

[00:01:17]And as the court knows, if you're homeless and don't have any place to live, you're going to probably pick up some trespassing cases.

[00:01:24]Um He He does have two prior cases which uh for him key probation and was revoked. I understand that's not a good track record we're looking at for here asking for probation.

[00:01:37]I will point out uh that uh I think the most or or the felony probation case was in 2000.

[00:01:46]And the one where he was revoked on the misdemeanor was in 2020. So, a little bit of time has passed uh between those two.

[00:01:53]Uh As far as this current case is concerned, if you look at his statement, he uh looks like he was stealing food and clothes, necessities.

[00:02:03]Uh $72 worth, which would ordinarily ordinarily be a misdemeanor, but with the fact that he already has the two prior theft cases. Uh and Yeah, and the other felony case with bob up to third degree.

[00:02:20]He's asking for probation, judge. Uh uh And again, the the felony history anyway is from the last felony case is from 2003, it looks like.

[00:02:31]23 years ago.

[00:02:37]He tells me that um prior to being arrested, he was working uh for a church getting paid on a daily basis. Also did some work for a car dealership out in Silsbee. Uh he tells me he can go back to both of those jobs. Uh the car dealer He doesn't have transportation, but the car dealership came and picked him up and took brought him back and forth to work, so that's that shouldn't be a problem as long as that that job is still there.

[00:02:58]Uh according to PSI, he's going to be living with his mom. Uh so, we'll ask the court to consider probation. Uh a deferred probation term if the court is not inclined to do probation, uh I would ask for the minimum term on this, 2 years. Uh given the fact that things he was stealing were necessities and the length of time since his prior felony convictions.

[00:03:21]Thank you, Mr. Rojas.

[00:03:23]Mr. Ruffino?

[00:03:25]Judge, I don't think he's necessarily a not a candidate for probation. I think it would have it should include safety in my opinion. Uh I would it the PSI reads as if he expressed interest in that. I would I would like to ask him if he really wants to take advantage of that. Otherwise, we're going to just be back here in a year on the same situation. Can I follow up? Mr. Johnson did want to speak to Judge Solomon. All right, go ahead, sir. So, the first charge I ever got, it was in '99. I did my time, I got out, I had a family. I lost it cuz me and my wife got into it, where she took them kids and we fell out. I not gave up, but I became homeless.

[00:04:03]I got all them trespasses.

[00:04:05]Then, I started stealing food and clothes out the store. But, being in the county for the months I've been in there, I see what's wrong. You know, one thing about me, I live and learn. But, two things happened as I was doing what I was doing, I stole out the store and the police came up to me, which they didn't bring me to jail. He told me this one thing, he said, "You didn't have to do this.

[00:04:27]They would have gave you the food." And they showed me instead of stealing, I could just ask. And then another time, I was paying Helen on College Street at the burrito place, and across the street was a car wash. And instead of [clears throat] me I looked and I thought about something, and I crossed the street and I started asking them to wash their cars. So, what I'm getting at there is, it's better to work than to be doing all that, you know? It It's a different way that I'm going to go about doing things this time, you know?

[00:04:55]How old are you? 45. Yeah, time to start doing things differently, huh?

[00:05:00]>> Yes, ma'am.

[00:05:02]Anything else? Would So, here's the thing, Mr. Johnson. If I give you an opportunity today, it's probably going to be uh the worst I could do today is give you 5 years in prison if I sent you to prison. Yes, ma'am. You'd be out in 2 or 3 years, and that'd be it. If you really want to change your life and you want probation, it's going to be for a longer period of time, and if you violate, the sentence could be for a longer period of time. It's going to require safe peace, so that you can have the tools to be successful, to not turn to alcohol and drugs and things like that. So, I'm going to kind of leave it to you. If you really want that opportunity, I want you to take it.

[00:05:42]Uh I'll give it to you today based on you've been very up-front. Your history is all clearly because of homelessness and drugs. I mean, that's clear. So, if you want to change, I'll give you that opportunity. Is that what you want? On probation? Mhm. Yes, ma'am. Okay. So, here's what I'm going to do, Mr. Johnson. I'm going to find that you entered your plea of guilty freely and voluntarily previously.

[00:06:04]Find sufficient evidence to find you guilty and at this time find you guilty of theft of property with previous convictions. Find those prior convictions that you pled true to true.

[00:06:16]Sentence you to a term of 10 years in the institutional division of the Texas Department of Corrections, but I'm going to suspend that. You'll be placed on probation for 10 years. You'll be ordered to follow all of the rules and conditions of probation.

[00:06:29]>> Yes, ma'am. That is going to include entering and successfully completing the SAFP program. So, you'll go to the inpatient part of SAFP in custody and then you'll get out. You'll have aftercare. All of that's going to help you find a place to live, get hopefully a job, stay clean, do everything you're supposed to. All right. If you do everything you're supposed to, then for all practical purposes, your case here in court's over. You'll be able to serve that 10-year sentence while you're out on probation. All right. But, the other side to of it is if you violate your probation, I'm going to see all this history. I'm going to wonder why I gave you this opportunity and you're going to end up with that 10 years that I just gave you. You understand?

[00:07:06]>> Yes, ma'am. All right. So, I'm going to hand you the trial court certification that shows this was an agreement that I followed. So, you have waived your right to appeal. I'm also handing you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Rosales. Good luck to you, sir. All right.

[00:07:40]Thank you. Um no. No fine.

[00:07:44]Good morning. Are you afraid Duncan?

[00:07:46]Yes, ma'am. And this is cause number 1932080 and Mr. Duncan was previously in court enter pleas of true and a motion to adjudicate um pledge true to counts 1 through 5 and the agreement was for a cap of 10 years.

[00:08:06]>> [clears throat] >> I've received the updated report from probation. Have you got an opportunity to review that report? Yeah, I have to I have to. Any additions or corrections?

[00:08:15]No. Not for the state. All right, then you may proceed Mr. Lewis. Judge, as far as this situation Mr. Duncan with Mr. Duncan as we know it's a big ask. He is asking that the court consider keeping him on probation maybe with many additions. Well, first of all, I can't continue him. Okay.

[00:08:34]>> Because his probation expired in 2024.

[00:08:38]So, the only option would be to revoke him, sentence him to time on a straight probation. That's the only option other than regular time.

[00:08:46]>> Jail sentence.

[00:08:48]Well, let me rephrase that, Judge.

[00:08:52]>> Okay.

[00:08:52]Um we understand that okay, even if he is the conviction he does take the conviction and it goes to a straight probation. What Mr. Duncan is asking for is the opportunity to to uh get the help through probation that's available to him. He know he is messed up and there's times that he hasn't in the past taken a a uh uh taken those opportunities that uh those available to him. He's more than than than willing to try to do that for us, the anger management and and the things of that nature.

[00:09:28]Uh he's trying to better himself. He's a lot older now, you know, to where he can got to you know, really really realize where he is in life and what he wants to do with himself going forward. He knows that um probation can help him.

[00:09:40]Um he understands that uh you know, this if given that opportunity, it would probably be a only one opportunity and it'd be a zero tolerance type situation. And and that's what he's asking for, judge. All right.

[00:09:53]Thank you, Mr. Leos.

[00:09:54]Mr. Smith. Uh judge, I would disagree. I think uh revocation he had a chance at probation. He absconded. He did nothing. We have no idea what he had been doing uh for that time. And so, I feel like um >> [clears throat] >> DDC time is appropriate in this case. He was given a chance.

[00:10:15]By his own choices, he blew that.

[00:10:18]So, Mr. Dinkin, Mr. Smith went went a little wide on the chances that you've been given.

[00:10:28]Because when you were placed on probation back in 2019, um started off decent. And then it looks like in 2022, and and you were 39 years old in 2019. So, it's not like you were young and you've learned something and you know, uh you were a kid when this started. Um you started testing positive for cocaine back in 2022. You were referred to the ATAR substance abuse program. Um did not comply with all of those directions. So, you were given help then. Another administrative hearing was had September of 2022. You tested positive again for cocaine.

[00:11:08]Um even though you had previously been uh given that opportunity go through the ATAR program, you had made no effort to enroll in it. So, I got a memo, I'm sure, that said uh to send you to ISF, which I did. And you went through both tracks of ISF, the cognitive and the substance abuse track.

[00:11:29]And the end of 2022, you got out 2023.

[00:11:34]Uh you started testing positive for alcohol within a month of getting out of ISF.

[00:11:41]And um you were then referred to the drug program to help you even though you'd just gotten out of ISF and you never showed up and you've been gone ever since.

[00:11:52]So, I don't know what other options or things we could do for you. You've been given every opportunity to to have whatever treatment you need to be able to stay out, take care of your family as you say. Um but that's not what you've been doing. So, I mean, you've been gone since 2023. Anyway.

[00:12:15]I'm going to find that you entered your pleas of true to counts 1 through 5 freely and voluntarily. Find those counts true. Find sufficient evidence to find you guilty and at this time find you guilty of aggravated assault uh with a deadly weapon to a family member. Sentence you to a term of 8 years in the institutional division of the Texas Department of Corrections. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. There will be an affirmative finding of a deadly weapon.

[00:12:46]Um I'm going [clears throat] to hand you the trial court certification that shows this was an agreement that I followed and so you've waived your right to appeal. I also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Lewis. All right. You can go back with the bailiff.