Sex Offender Sentenced to Five Years Following Probation Violations

A 65-year-old San Angelo man was sentenced to five years in prison on Tuesday in Judge Jay Weatherby’s 340th District Court, after entering a plea of “true” to violating his probation for indecency with a child sexual contact.

Anthony Cansino had been on probation for roughly seven and a half years and had violated his eight-year probation sentence repeatedly since April 10, 2007, ultimately resulting in four motions to revoke probation (MTR) over that time period, with the last being filed in September 2014, when he failed to attend and complete a sex offender therapy program.

In January, Cansino appeared before the court for an April, 2013 MTR, at which point Judge Weatherby issued a judgment to adjudicate guilt and sentenced the defendant to 10 years in prison. That sentence was suspended, however, and Cansino—who had less than a year to go on his previous eight-year (community supervision) probation term—was placed on (straight) probation for five years, plus 180 days in the county jail.

The judgment was a source of confusion in the courtroom Tuesday, as the judge and attorneys—including defense attorney Christianson Hartman—understood this order was still in effect.

As it turned out, however, the judgment had been made in error and was amended in February, at which point two years had been added to Cansino’s probationary sentence.

Article 42 of the Texas Code of Criminal Procedure states that offenders charged with certain crimes, including indecency with a child, may not be convicted and placed on probation; they may only be deferred and put on community supervision or sentenced to prison.

The difference in Cansino’s case, as explained by Judge Weatherby, is the punishment range. If Cansino had been convicted of a crime that permits probation, he would have been sentenced to an automatic 10-year sentence as set out in the previous judgment. However, since his deferred sentence was amended in February and revoked, the entire punishment range was available, which for a second-degree felony is 2-20 years.

None of this really mattered in Cansino’s case, as he had already struck a deal with prosecuting attorney Meagan White. In exchange for a plea of “true”, Cansino was sentenced to five years in prison and ordered to pay the remainder of his fines, totaling $376.

Jail credits of roughly seven months and three weeks will be deducted from that sentence.