Except here.
We have no difficulty in concluding that the trial court, by adjudicating him a felon, penalized Hodges simply for exercising his right to a jury trial. The court expressly and clearly stated as much when it told Hodges during sentencing that had he tendered a plea, an adjudication of guilt would have been withheld, but since Hodges elected not to plead and was later found guilty at trial by the jury, “he of course is being adjudicated guilty.” In other words, had Hodges not elected to proceed to trial, his punishment or sentence would have been less harsh—namely, he would have received a withhold of adjudication of guilt and would not be an adjudicated felon.
Opinion_2025-1998 by Anonymous PbHV4H
Now for our robed readers who will never admit to imposing a trial tax, take a deep breath when you read this. And give the trial judge some credit for at least being honest about what he was doing and why.
Why was Mr. Hodges prosecuted in the first place?! Perhaps if some prosecutorial discretion was used …
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