10/5/15 – Xavier Lindsey – Judge Robert Ervin

Judge Robert Ervin
Xavier Lindsey
Assistant District Attorney
John Clark
Defense Attorney/Public Defender:
Thurston Frazier
Charlotte Division-Neighborhood Affected
South – Rexwood
Charges for today’s hearing:
14CRS234750, Felony B&E Motor Vehicle; 14CRS234751, Felony Larceny; 14CRS047392, Felony B&E Motor Vehicle; 14CRS 047393 Felony B&E Motor Vehicle; 14CRS047394, Felony Larceny, $2,500 Sec; 14CRS0473395, Felony Financial Card Theft; 14CRS047396, Misdemeanor Financial Card Fraud; 14CRS047397, Felony Financial Card Theft; 14CRS 047398, (M) Possession Stolen Goods; 14CRS047399, (M) Larceny; 14CRS047400, 14CRS047401 and 14CRS047402, (F) Habitual Felon.
Outcome of hearing
Defendant plead guilty to one Felony Larceny and to being an Habitual Felon. He was given a sentence of a minimum of 103 months, maximum 136 months, less 823 days for time served. These days served include time in 2 other counties where the Defendant also committed a total of 13 probation violations. Probations are revoked and sentences become active, but are consolidated within the Habitual Felon sentence.
Attorney Frazier stated Lindsey was unsatisfied with the plea offer and unsatisfied with his attorney. The Judge stated Lindsey was making a mistake with the latter. Judge Ervin said he was willing to have a conversation with both attorneys, after which Attorney Frazier spent 40 minutes in conference with the defendant while the courtroom waited.
Defendant Lindsey subsequently pleaded guilty to one count of Felony Larceny and to being an Habitual Felon, waiving his right to a trial by jury.
Posted in 2015, October, Plea Deal, Sentenced - Active Time, South, Visiting Judges and tagged .

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