In criminal sentencing, judges exercise discretion to determine appropriate punishment based on a defendant's criminal history and compliance with court conditions. When a defendant has a pattern of repeated offenses and fails to comply with court-mandated conditions (such as committing new crimes while on bond), courts are more likely to deny probation and impose maximum sentences, even when the defendant acknowledges their need for rehabilitation.
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Deadly DWI Defendant Caught 8th Time—Mad Judge Boyd CRUSHES Every ExcuseAdded:
and other addictions. Um, and I need help. Prison is not a help for me. I >> My goal is I don't want to see people back here before again picking up new p cases. I'm hoping that everybody is going to be successful.
>> So, I am not u going to grant her application.
Court is calling 2022 CR1102 State of Texas versus James Lee Lawrence. Could I have parties announced for the record for the state? Brian Gmer for the state of Texas.
>> For the defense, >> George Sherman on behalf, Mr. Lawrence.
>> And are you Mr. Lawrence?
>> Yes, you are.
>> All right. We are here for sentencing.
You entered a plea on August 31st.
You're under plea of guilty. You apply for probation. According to the uh plea bargain agreement, punishments to be assessed at a cap of seven years. There are no applications for deferred. State opposes community supervision. And there are other cases that are being taken in consideration.
Um, have both parties had a chance to review the PSI report? State?
>> Yes, judge.
>> Defense.
>> Yes, your honor.
>> All right. Are there any witnesses? Uh, state?
>> None from the state. Judge >> defense.
>> Just my client.
>> All right. Any objections to the PSR report? State from >> None from the state. Defense.
>> Not really, judge, but my client does have one comment about it uh when it talks about employment. Okay. All right.
Um, you want to call your client?
>> Yes, your honor.
>> All right. If you could raise your right hand for me, please. Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth will help you God?
>> Yes, sir.
>> All right. You can lower your hand. You state your name for the record.
>> James Lee Lawrence.
>> All right. Defense.
>> Um, Mr. Lawrence, um, first of all, are you asking the judge to give you probation?
>> Yes, sir.
And um have you talked to the people over at the U drug court?
>> I did meet with um representative from the drug court. I uh was not knowing what to expect, but I was very impressed, really excited about the opportunity.
>> Is that an if the judge grants you probation, is that a program that you think you could get behind that you could do and and be successful with?
without >> um the um problem that you had was as far as work goes that you had a business of your own.
>> I have owned my own company for 20 years.
>> And what was that or what is it?
>> We're outdoor living and cool construction company.
>> Um what's happened with that business now?
>> Um right now my 24 year old son, which has been my project manager, is having to step in and facilitate uh operations, uh sales, um and all the backend work in addition to managing construction.
Pretty difficult.
>> If the judge chooses to give you probation, is that the line of work that you would like to continue with?
>> Yes, it's family medicine.
>> And that's for your son?
>> Yes.
>> Um would you u tell the judge? You have some things to take tell the judge yourself.
>> Yes, if I may. Judge court.
>> Yes.
>> I'm a little nervous.
>> Um I wanted to request um that the court agree to the citizen of a drug court u probation in an outpatient um and rehab program. Um >> okay, let me stop you right there.
>> Yes, sir.
>> So, here's the thing. I'm looking at your history. I know that the state uh has selected your punishment be at a cap of seven years and I know that the state is opposed. So, I'm telling you based upon your criminal history with alcohol and everything else that's going on in your life, if I were to give you probation, >> you are either going to be in felony drug court or either you're going into inpatient treatment. So, there is not going to be outpatient treatment from this court. So, we need to take that off the table and that requests off the table because that's not going to happen. Okay. All right.
>> Um, well, because just in retrospect to exactly what you said, my criminal history is, in my opinion, a two-phase history. Um, if you'll look at my my history, uh, >> I am It's a lot of DWI. That's why we're here. You won't stop drinking and driving.
>> Exactly. DWIS is is all that it has been with the exception of a prostitution and uh driver while license suspended I believe like that.
>> Um and I would present to you that you know in those three PWIS in 1999 I was 21 years old. I had no I I felt like an entitled person. I was playing football in college and uh uh didn't respect authority and I felt entitled. Um and when I got in trouble, I still felt like I was in this until I started having children. I started having children in 94 and I realized that I need to become a man and support my family and take care of my children. And I did that. I raised four wonderful children.
Um, my oldest has a master's degree. My second child has a a bachelor's degree.
My third child is working on his bachelor's. And then my son has a construction graduated from construction career and manages.
>> Okay. And sometimes that happens in spite of, not because of. You understand?
>> Well, my my point was that I was getting to the second phase is during that 30-year time period, you know, I never was in court at all. Never got arrested, never got DWI. As a matter of fact, I didn't drink for 15 years. I was really devout devoted devoted to the church.
Actually, the last five years have been tough for me. That's where the change has come.
>> How's it been tough for you?
>> I got divorced in uh 2021. Uh the divorce finalized in August 2021. It was tough for me. Um, we were together for 29 years and I I still have not healed from it. It's mentally, um, I don't know how to answer the the the the demons that I feel, and it's not necessarily demons, but on a daily basis, I'm waking up with anxiety and just things going on in my head uh, that I can't answer. And I've and I've tried to uh figure out what I can do to release. I felt like I was in prison in my own body.
[clears throat] Um and so the date of that arrest, I remember specifically waking up that morning, my phone line started ringing for my business and I got really an anxious. I called my assistant and I said, "Look, I can't work today. Um I don't feel right. Something's wrong."
Um, and I'd been having these anxiety attacks for probably the last six months. My wife had uh remarried a month after week. Divorce was finalized. And so that day, I had one of my subcontractors called me and said he needed me to come on job site and I had planned on not working because I was feeling really bad. And when I when I made the decision to go out and visit with him, the stress from what he had presented was tough. and I drink DWI.
>> Okay.
>> Third offense. I acknowledge that I I've had a problem with drinking [clears throat] and other addictions. Um and I need help. Prison is not a help for me. I will complete prison if that's what you sentence me to. Um but I do need some type of rehab help. And the reason I'm asked for outpatient is because I really do need to help run the business. Otherwise, we won't have that to continue on. That's why I'm asking. Um um and then lastly, be honest with you, judge. Whatever you sent us, I'll be I'll be back here. I won't be back in a large uniform. I'll be back as a testimony.
>> All right. Thank you very much. Uh state any questions?
>> Briefly, judge. Um Mr. Lawrence, that the judge does have this, but um back in 2017, you were put on probation for DWI3. Correct.
>> Correct. [clears throat] >> And in 2018, you uh picked up a new case while on probation for DWI3 or more. Is that correct? A prostitution case?
>> It was uh yes.
>> Okay.
>> I'm not quite sure if that was the the final judgment. There was a no contest.
All right. But you were convicted and sentenced to jail for 30 days on what I have as a prostitution case and that was while you were on probation for DWI third or more. Correct.
>> Sure.
>> And um you finished your probation in March of 2021 on that case. Correct.
>> I finished it with white colors. No uh bad tests. I completed all my classes. I paid all my fines. never was labor for reporting. Um, yes, I did complete and then a month later or so somewhere within that time frame again around the same time frame with my my uh issues with my ex I received another DWI.
That's where you going.
>> I am and and with flying colors you did pick up a new case. So you didn't pass it with flying colors. I mean you committed new crimes while you were on for that first EWI third, right?
>> I [snorts] don't even you have to >> the prosecution case. You have to state I think but I'm not following.
>> Okay. You said you passed your DWI third or more with flying colors. You picked up a new prostitution case while you were on that uh probation. So it wasn't with flying colors, you picked up a crime, correct?
>> I did pick up a crime. Okay. And like you said, later in 2021, you picked up a new DWI3. And that's the case you're pleading to today. Correct.
>> Um yes.
>> Okay. And that's the case where here you crashed into the back of a car. You were twice the legal limit, correct?
>> I don't know what uh the blood alcohol was, but I do remember what happened. I bumped the back of a car, no nicks, no scratches. The gentleman was very young.
We spoke about it.
>> All right, let's not minimize this.
>> I'm not. And and then I told him, I said, "Look, if you're feeling bad, let's just go ahead and file a police report." and I saw police officers at the uh I believe it was the Denny's and I said let's just drive over there and I contacted them personally. I did.
>> Okay. But you knew at that time you'd already just came off probation for DWI third or more. You knew >> I wasn't considering that.
>> Okay. So you weren't considering >> considering that young man.
>> All right. But you were drinking while driving. Correct.
>> All right. So So it has to be one at a time. Okay. I just feel like he's attacking me. I >> And actually, I'm not attacking you. I'm just You're trying to tell the judge that you're a good candidate for probation and I want to just make sure we have everything in context. So, you know, you're not supposed to be driving while drinking, correct?
>> Yes.
>> Okay. And at that time, uh, you were arrested for this offense and you, uh, were released on bond, correct?
>> Yes.
>> Okay. And this could have been an opportunity for you to show the judge that you would be a good candidate for probation. Correct.
>> That is correct.
>> And were your conditions while you were released on bond not to drink alcohol?
>> Yes.
>> And were they not to drive any vehicle that was not uh equipped with a alcohol monitoring device? Correct.
>> Yes.
>> And is Okay. Isn't it true that on July 28th of this year, you were arrested again for driving while intoxicated in another vehicle, a BMW vehicle that we didn't know about?
>> Yes.
>> So, is it fair to say that you didn't follow the conditions of your pre-trial release even on the case that we're pleading to right now?
>> Um, it's fair to say that I was driving.
I haven't been convicted of that, but I was driving vehicle and >> Well, it's being taken into consideration in this plea.
>> So, are you admitting that you did drive intoxicated again on July 28th of 2022?
>> Am I admitting that I feel intoxicated?
>> Correct. I I think part of this is the judge wants to see what you're accepting responsibility.
So you would agree that that shows the judge that she gave you conditions as a matter of this bond and you did not fulfill those conditions. Correct?
I'll pass a witness.
>> No further question.
>> All right. So, u Mr. Lauren, sir, what I'm going to tell you is I was thinking long and and hard about giving you probation because I realized that you do need the help. I do.
>> But my issue is that you're on bond and there are conditions for bond and at any time and I think everybody knows anybody who comes in here if they need help with drug problem, alcohol problem, if there's something with pre-trial services um that can help them with their issues, I like to get them their issues because my goal is I don't want to see people back here before again picking up new p cases. I'm hoping that everybody is going to be successful.
>> So I am not uh going to grant her application. So now we need to speak towards the cap and um the cap is for seven uh years. State, what are you requesting, >> judge? Um we're requesting the cap. He's facing uh he was facing 2 to 10 years on this case as well as a new DWI case which like you said he picked up while he was on bond for this particular case.
Uh we believe that seven is appropriate.
He just recently came off of felony probation for the exact same offense. I think at this point he's demonstrated himself to be a danger to others because he keeps letting his addiction let him get behind the wheel of a car and place others at risk. Um we would ask for seven years.
>> All right. Defense >> judge. I would ask that you would u consider putting him into a safety program for 6 months, 9 months, whatever it is, and leave this uh open for probation after a successful completement of that. And that way >> he can't go to safety if he's not on probation.
>> That's what I'm saying. And I'm asking you to do that rather than just to send him to prison to send him to safe P which is to some extent it's a concrete building with a lot of other >> I know safety is at the prison. I've had uh clients who've been >> and it would be sort of like a shock probation situation.
>> All right. Uh Mr. uh Lawrence as previously stated I'm finding you guilty. I'm going to sentence you to 7 years in the prison. Taking consideration grand jury number 77261, nightmare 672122.
Give you credit for any time served.
I'm going to show you what's entitled trial court certification of defendants rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it?
>> Yes.
>> All right. Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have a court's permission to appeal.
Do you understand?
>> I do.
>> Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?
>> All right. Good luck to you, Mr. Lawrence. Thank you.
>> All right. Carwyn Campbell.
>> James Lee Lawrence appeared in court for sentencing after pleading guilty to felony driving while intoxicated, DWI.
Prosecutors noted that Lawrence had a long history of alcohol-related offenses dating back decades, including multiple prior DWI convictions. Although he requested probation and admission into a drug court rehabilitation program, the court expressed serious concerns about his repeated behavior and failure to comply with previous opportunities for reform. During his testimony, Lawrence described personal struggles following a painful divorce, anxiety issues, and ongoing addiction problems. He explained that he had once maintained stability for many years while raising his children and running a successful construction business, but his life began to spiral after the end of his marriage. He admitted he needed treatment and asked the judge for rehabilitation instead of prison.
However, prosecutors highlighted that Lawrence committed another DWI offense while already out on bond for the current case, violating court conditions that prohibited drinking and driving.
The judge concluded that although Lawrence clearly needed help, he had repeatedly ignored court orders and continued endangering others on the road. As a result, the court denied probation and sentenced him to 7 years in prison, the maximum allowed under the plea agreement.
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