Calvin Walker’s sentence hearing delayed to Thursday
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Calvin Walker could begin his 180-day jail sentence Friday unless his attorneys convince Jefferson County Criminal District Court Judge John Stevens that his case is still on direct appeal.
In a Tuesday afternoon hearing, Walker’s attorneys Dick DeGuerin and Bryan Garris asked the court for time to file a petition for writ of certiorari before executing Walker’s sentence.
The deadline to file the petition is Nov. 22.
According to Stevens, the mandate affirming Walker’s 2019 conviction came down from the Ninth District Court of Appeals on Oct. 10.
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“I don’t know of anything, at this stage after the mandate has been received — you have certiorari privileges, but I don’t know of anything that by law would prevent this court from ordering the execution of the sentence at this time,” Stevens said.
DeGuerin asked the court for another week to compile a brief on the matter.
Stevens gave the attorneys 48 hours.
The court will reconvene at 1:30 p.m. Thursday at which point Stevens will decide whether Walker’s appeal mandates the execution of his sentence begins at a later date or whether he will begin his sentence before 6 p.m. Friday.
Tuesday’s hearing comes after an August appeal by Walker was denied by the Texas Court of Criminal Appeals.
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Walker’s petition sought to overrule a February ruling by the Ninth Court of Appeals which affirmed his 2019 conviction.
Walker was convicted in September 2019 for submitting false invoices to Beaumont ISD while working as a contracted electrician.
Walker was then ordered by Stevens to pay a fine of $10,000, which he has since paid off, and serve 180 days in jail.
It was agreed upon by Walker, the attorneys and Stevens that Walker would serve his sentence on the weekends, reporting to jail before 6 p.m. on Fridays and being released the following Monday until his sentence is complete.
The court compelled Walker to pay $2.6 million — the difference in the amount he charged Beaumont ISD for his work versus the $300,000 the work was actually estimated to cost.
olivia.malick@hearst.com
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