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JEFFERSON - The Sixth Appellate District Court in Texarkana reversed the August 2019 guilty finding of Johnathan Eugene Mitchell on May 7 and remanded the case back to Marion County’s 276th District Court.
Mitchell had pled guilty to three counts of sexual assault of a child before District Judge Robert Rolston.
The appeals court found, however, that the full range of punishment options had not been presented to Mitchell.
“Nothing showed that Mitchell understood that he would be confined to prison for at least two years if deferred adjudication was not granted,” the appellate opinion stated.
Mitchell acted as his own attorney during the appeal.
“As a result, we do not find that the punishment record supports a reasonable inference that Mitchell knew the full range of punishment before he pled guilty,” the justices found.
The indictment returned by the Marion County Grand Jury alleged that Mitchell on December 27, 2018 had vaginal, oral and anal sex with a female under the age of 17 identified only as Jane Doe #421.
At trial, Mitchell entered guilty pleas and was convicted on two of the counts of aggravated
sexual assault of a child. The trial court sentenced Mitchell to eight years’ imprisonment after a punishment hearing.
Mitchell based his appeal on a claim that the trial court failed to “admonish him on the range of punishment before accepting his guilty pleas.”
The appellate justices found that “the trial court erred in failing to admonish Mitchell on the range of punishment and that the error was harmful.”
Three additional cases were added to the district court docket in May. Charges included possession of a controlled substance, manufacture or delivery of a controlled substance and aggravated assault with a deadly weapon.
Guilty Pleas Aldameian Washington
received a two-years probated sentence and deferred adjudication after pleading guilty in 276th District Court Friday on a charge of possession of a controlled substance.
Washington will pay $100 a month for 23 months in fines, court costs and probation fees.
The District Clerk’s office reports nine cases were resolved in May. One person was discharged from probation, Wesley Kyle Roberts’ probation was revoked, six entered guilty pleas and were convicted and one received deferred adjudication.
Appeals Court Throws Out Child Sexual Assault Conviction
By BOB PALMERJimplecute News Editor
June 25, 2020 | Jefferson Jimplecute, Jefferson, Texas | Page 5
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