On Thursday, January 24, 2019, in the 123rd Judicial District Court, Honorable Judge LeAnn Rafferty presiding, 63 cases were on the docket for status hearings and other pretrial purposes.  Shelby County District Attorney Stephen Shires finalized 22 cases.  This included State v. Watts, on a revocation of probation, where the defendant received 10 months in the Texas Department of Corrections Criminal Justice State Jail Division for a drug possession offense.   That also included State v. Jacobs, where the defendant received 24 months State Jail incarceration for drug and other offenses.  Persons incarcerated in the State Jail Division do not receive credit for “good time” and are not eligible for parole.  That means, with the exception of individuals who voluntarily educate or train themselves (and become eligible for a slight reduction of their sentence), persons sentenced to the State Jail Division do their time day-for-day.  District Attorney Shires announced that discovery had been provided on each of the cases, and he and defense lawyers agreed that most of the remaining cases are close to being resolved via plea bargain.  After the 63 case docket was completed, Judge Rafferty brought over several additional individuals jailed at the Shelby County Jail on recent charges, to inquire into their statuses.  A number of those individuals are being brought back to court on January 25, 2019, for further proceedings.  The remaining cases are set on the March-April Trial Docket.

 

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On Thursday, January 24, 2019, David Nathan Lewis, Jr., of Timpson Texas, was convicted guilty and sentenced in the following cases:

 

Endangering a Child 24 months incarceration in the State Jail Division

Forgery: 24 months incarceration in the State Jail Division

Possession of a Controlled Substance 24 months incarceration in the State Jail Division

Unauthorized Use of Motor Vehicle 24 months incarceration in the State Jail Division

Fraudulent Use of Identifying Information 6 Years TDCCJ Institutional Division (Prison)

 

The endangering a child charge, forgery charge, possession of a controlled substance charge, and unauthorized use of a motor vehicle charge are all considered “state jail felonies” under the law and subject the defendant to incarceration in the TDCCJ State Jail Facility for a period of 6 months to 24 months.  Thus, Mr. Lewis received the maximum sentence from Judge LeAnn Rafferty, in the 123rd Judicial Court, on those charges.  The fraudulent use of identifying information charge is a third-degree felony, with a punishment range of 2-10 years.  Mr. Lewis received six (6) years incarceration in prison on that charge.  As previously noted, persons incarcerated in the State Jail Division do not receive credit for “good time” and are not eligible for parole.  That means, with the exception of individuals who voluntarily educate or train themselves (and become eligible for a slight reduction of their sentence), persons, like Mr. Lewis, sentenced to the State Jail Division do their time day-for-day.

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On Thursday, January 24, 2019, Shelby County District Attorney Stephen Shires moved to have the bonds on Tracy Whitaker, of Timpson Texas, revoked.  Mr. Whitaker was on bond for the offenses of burglary of a habitation and engaging in organized criminal activity.  While out on bond, Mr. Whitaker allegedly committed additional criminal offenses.  For that reason, District Attorney Shires asked that Mr. Whitaker’s bonds be revoked, that he remain in custody pending trial, and that his cases be preferentially set for trial.  Judge Rafferty granted the State’s Motion.  Mr. Whitaker is set for trial on March 18, 2019.