Abarrington
Member
What is the name of your state? What is the name of your state? Texas
Ok, so there is a whole lot of back ground to this and yes I feel like a horrible sister for bot looking into the before now but in my defense I didn't know the full truth until yesterday.. So, my brother is currently incarcerated in TDCJ.. This is his 2nd time in for burglary of a habitat. He's been in since 2013 (yes 7 years)... The story I was told for sake of protecting me from knowing what my brother was up to was that he broke into his ex roommates house to take his own belongings back.. Now, I find out that's not what happened at all.. I found his court papers online and it had the whole story..So I confronted him this weekend at visit.. So here's the scenario.. He says he went to the house to meet up with a guy named Pancho in an attempt to purchase heroin that he was gonna cut and sell.. He says this is the first time he did this and that the heroin was not something he had planned to do himself.. But since he had recently lost his job he needed to make some money.. He had a back pack that contained blue rubber gloves, a razor knife, a flash light and some clothing and stuff because at the time he was homeless.. He also had a mini baseball bat in his jacket that he says was for protection.. So back to trying to meet up with Pancho.. He knocked on the door at 7am in the morning and was met by 5 people who he says jumped him, took his money and called the cops on him.. The report I found said one of the residents Javier awoke at 7am in the morning and found my brother in the house.. my brother ran outside and was caught by the fence and held down until cops arrived.. It also mentioned the 5 people being there as Javier's cousins.. It also mentioned that my brother admitted to being a meth addict and he said he was there to by meth and that pancho was who was supposed to be there for him to buy it from.
Now. My question is I found out he has 1 appeal left.. I wanna know if he does the wit 11.07 appeal, admits the conspiracy to purchase with intent to sell, could they try him on that charge after 7 year? & without any drug charges on his record prior, if they did try him would the sentence be shorter than 25 years.. Also, I found that this scenario/charge is also a federal charge vs burglary of a habitat being a state felony, so would he have to go to federal prison? Please help me figure this out! Thanks in advance..
Ok, so there is a whole lot of back ground to this and yes I feel like a horrible sister for bot looking into the before now but in my defense I didn't know the full truth until yesterday.. So, my brother is currently incarcerated in TDCJ.. This is his 2nd time in for burglary of a habitat. He's been in since 2013 (yes 7 years)... The story I was told for sake of protecting me from knowing what my brother was up to was that he broke into his ex roommates house to take his own belongings back.. Now, I find out that's not what happened at all.. I found his court papers online and it had the whole story..So I confronted him this weekend at visit.. So here's the scenario.. He says he went to the house to meet up with a guy named Pancho in an attempt to purchase heroin that he was gonna cut and sell.. He says this is the first time he did this and that the heroin was not something he had planned to do himself.. But since he had recently lost his job he needed to make some money.. He had a back pack that contained blue rubber gloves, a razor knife, a flash light and some clothing and stuff because at the time he was homeless.. He also had a mini baseball bat in his jacket that he says was for protection.. So back to trying to meet up with Pancho.. He knocked on the door at 7am in the morning and was met by 5 people who he says jumped him, took his money and called the cops on him.. The report I found said one of the residents Javier awoke at 7am in the morning and found my brother in the house.. my brother ran outside and was caught by the fence and held down until cops arrived.. It also mentioned the 5 people being there as Javier's cousins.. It also mentioned that my brother admitted to being a meth addict and he said he was there to by meth and that pancho was who was supposed to be there for him to buy it from.
Now. My question is I found out he has 1 appeal left.. I wanna know if he does the wit 11.07 appeal, admits the conspiracy to purchase with intent to sell, could they try him on that charge after 7 year? & without any drug charges on his record prior, if they did try him would the sentence be shorter than 25 years.. Also, I found that this scenario/charge is also a federal charge vs burglary of a habitat being a state felony, so would he have to go to federal prison? Please help me figure this out! Thanks in advance..