Random Friday Morning Thoughts

• Wise County active cases: 22 (-8 from yesterday). Hey, that gets us close to the "under 20" threshold were state mandates don't apply to us if the county elects to be exempted.
• Texas numbers: I was right yesterday! The death numbers are officially wonky this week due to both the way the are counted and an "automation error". That's was I'm the most trusted man in 'Rona Reporting.
  
• Speaking of lack of trust in the numbers, a faithful reader pointed out that Wise County briefly had a resurrection yesterday according to the official state numbers when we went down from five deaths to four. It's back up to 5 this morning. 
  
• We may have nine marines dead in a training accident. 
  
• I cannot believe that 4A Texas high school schools are starting practice next week and plan to play a full schedule beginning August 27th. I'm on record saying there is no way that's going to happen, and I still think their plan is going to derailed in the very near future. 
• Breaking: The Brewers/Cardinals game just got cancelled for tonight due to a COVID outbreak on the Cardinals side.
• Even in the SEC, where football comes before guns and Bibles, they announced yesterday they would modify their season and delay the start until September 26th. Heck, even those boys aren't even crazy enough to start in games in late August/Early September. They want to see how the NFL and other conferences are going to pan out first.
  
• The death of Herman Cain from COVID-19 should shock some people into reality. 
  
• Compare and contrast yesterday.
  
  
  
  
  
  
• Trigger Warning: Every NBA player took a knee last night during the National Anthem as the season resumed. 
  
• The Parker County Commissioners were not kneeling when they voted on this.
  
• When he poisoned those trees, I seriously feared for his life in Alabama. But I had forgotten he was outed because he was dumb enough to call into a radio show and admit doing it because "I guess I got too much 'Bama in me." 
  
• Legal Probation Revocation Crash Course:
• This Wichita Falls story got my attention because of this sentence: "A 34-year-old Holliday man who seriously injured another person in a drunk-driving crash was sentenced to three years in prison Tuesday, according to court records. The man who was later convicted spent 15 minutes at an Alcoholics Anonymous meeting that day before going to a bar, according to court filings."
  
• What actually happened was that he actually had been placed on probation but was now having his probation revoked.  He had negotiated a six year prison term but that sentence was probated. (The story doesn't say how long the probation was -- it could have been for a maximum of 10 years. He didn't last long.)
• He had that probation revoked because of the following alleged violations.
  
• The State just had to prove one of those violations. If done, the the guy was subject to the prison time that had been probated: 6 years.
• He's was entitled to a hearing before a judge. He's couldn't get a jury.
• The judge could have found that he violated the probation and still not revoke his probation. He could modify him to additional terms. It's completely the judge's call
• This is what he was looking at: If the judge did want to send him a prison (he did) he doesn't have to sentence him to the six years in prison that was probated (he didn't). He can pick a number of years from the maximum (6 in this case) to the minimum sentence allowed by law for his offense (in this case, 2 years for DWI-Serious Bodily Injury.) 
• The guy got a 3 year sentence. I can't actually tell from the story if the judge sentenced him to that or if that was part of a plea bargain. Yep, you can even plea bargain at the probation revocation stage.
• Some people just admit to the violations (they are normally easy to prove with just a probation officer taking the stand) and beg for mercy. This is called a "Plea But." Yes judge, I'm pleading true to the violations but please don't send me to prison.  
• Could he have been revoked if the State just proved "admitted to using alcohol?" Yep, there are a couple of cases out there which allow an admission alone to be sufficient proof to revoke. Drinking alcohol isn't illegal. But not drinking alcohol was a condition of his probation. 
• Could he have been revoked for "testing positive for methamphetamine?" Technically, yes, assuming the test results are admissible. They rarely are.
• Can he be revoked if the State just proved he failed to pay probation fees? Haven't we outlawed debtor's prisons? Yes, he can be revoked for that, but only if the State proved he had the ability to pay, and even then there are more restrictions before someone can be revoked. You rarely see someone get revoked just for money issues.
• Very technical: Can paying the fine be a "term of probation?"  I don't think so. That's should be separate obligation to the clerk which you can't be revoked for. 
• What's the one allegation this guy was accused of that makes a judge and prosecutor (and even the defense lawyer) shake their heads at? Failing to report. 
• Messenger: Above the Fold