Felon Faces Judge Boyd’s Gavel: Is a 2-Year Jail Sentence Coming?

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Felon Faces Judge Boyd’s Gavel: Is a 2-Year Jail Sentence Coming?

This court proceeding involves State of Texas vs. Frank Garza, focusing on a plea hearing, competency confirmation, and sentencing concerns. Mr. Garza was previously evaluated and found competent to stand trial, a finding agreed upon by both the defense and the court.
The State proceeded on a lesser-included offense: attempted unlawful carrying of a weapon by a convicted felon, reduced to a third-degree felony. Mr. Garza waived his right to a jury trial, confirmed he understood the indictment, court admonishments, and his rights, and entered a no contest plea. The agreed recommendation from the State was two years in prison and forfeiture of the firearm.
During sentencing, defense counsel explained that the situation was unusual. According to Mr. Garza, he found a gun under a bridge, picked it up to prevent harm, and was allegedly on the phone with 911 attempting to turn it in when UTSA security saw him with the weapon. While he is legally prohibited from possessing a firearm due to a felony conviction, the defense argued this conduct did not align with the spirit of the law, even if it technically met the legal requirements.
The judge openly questioned whether convicting someone under these circumstances achieved justice, emphasizing that the law is meant to prevent danger—not punish someone trying to remove a weapon from a public place. However, the 911 call allegedly supporting Mr. Garza’s account could not be located, despite requests from both parties.
The court presented Mr. Garza with a choice: accept sentencing immediately at two years, or delay sentencing to allow time for the State to locate the 911 recording, which could potentially impact the case in his favor. The judge assured him that waiting would not worsen his position.
Separately, a discovery dispute in another case was addressed, with the court ordering the State to provide missing files and setting a final return date, emphasizing no further delays would be tolerated.

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