AFFIRMED; Opinion Filed October 16, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01086-CR No. 05-18-01087-CR No. 05-18-01088-CR JUAN GUEVARA LAUREANO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause Nos. 2-16-209, 2-16-210 & 2-16-224 MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell A jury convicted Juan Guevara Laureano of aggravated kidnapping, evading arrest or detention with a vehicle, and aggravated assault with a deadly weapon. The jury sentenced him to the following terms of confinement: fifty years for aggravated kidnapping; ten years for evading arrest or detention with a vehicle; and ten years for aggravated assault with a deadly weapon. In a single issue, appellant argues he was denied his constitutional rights to a fair trial, due process, and equal protection when the State used his ethnicity and immigration status as a reason to deny a probated sentence.1 We affirm the trial court’s judgments. 1 Because resolution of appellant’s issue does not require us to discuss the facts supporting his convictions or any evidence presented during the guilt/innocence stage of trial, we do not do so. See TEX. R. APP. P. 47.1. Steven Thomas, director of the Rockwall Community Supervision and Corrections Department, which is commonly referred to as the probation department, testified during the punishment phase of appellant’s trial. He explained that probation officers supervise people placed on probation to ensure they comply with the terms of their probation. Thomas testified about several common terms of probation as well as programs and classes provided to probationers. When the State asked Thomas how a person’s immigration status affects probation, appellant’s counsel objected. After holding a hearing outside the jury’s presence, the trial court determined the evidence was relevant. After the jury returned to the courtroom, the State resumed questioning Thomas as follows: Q. Mr. Thomas, how does a person’s immigration status affect their ability to be on probation? [Defense Counsel]: Your Honor, at this point I would ask that you grant me a running objection on this. THE COURT: Yes. I will grant a running objection. A. Well, . . . if there’s an immigration hold and they are actually deported, then while they are on probation, we would just have to file a Motion to Revoke, have a warrant active. And if they ever came back to the country, they would be picked up and put in our jail and face a Motion to Revoke their probation. Q. Okay. Let’s take that step by step. So initially you said that a Motion to Revoke their probation would be filed fairly immediately. How long does that take? A. 90 days. 90 days and they are considered an absconder from probation - - Q. Okay. A. - - if they haven’t reported in three months. Q. And the reason why that would be filed, would not just be because they were deported but because they were not complying. They ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals