Daniel Bradford Foster, 44, of Llano was sentenced to 37 years in prison on Nov. 10 for burglary of a habitation.
Daniel Bradford Foster, 44, of Llano was sentenced to 37 years in prison for home burglary. The decision was handed down by Judge Evan Stubbs in the 424th District Court on Nov. 10. The hearing included testimony from five witnesses, including the defendant, according to a media release from the District Attorney’s Office for the 33rd/424th Judicial Districts.
Foster was originally granted deferred adjudication probation on Jan. 6 for the burglary after he pleaded guilty to entering a home without the owner’s consent and stealing a dog belonging to his then-girlfriend, according to the release. On the day Foster was placed on probation, he was arrested for assaulting a Llano County resident, a new criminal offense that led the state to file a motion requesting Foster be adjudicated guilty of the burglary and sentenced to prison.
“The person who originally called law enforcement (the complainant) described that Foster walked into the house without permission and took a dog which did not belong to him,” District Attorney Sonny McAfee stated in the media release. “Therefore, the entry into the complainant’s home was a burglary. The complainant later wanted to drop any prosecution of the defendant.”
Due to the complainant’s wish not to prosecute, Foster was granted community supervision, or probation. The same day he was placed on probation, Jan. 6, he assaulted a resident and was arrested for failure to follow the terms of his community supervision, McAfee said. Foster was returned to prison.
The District Attorney’s Office release explained that at an adjudication hearing, a judge determines whether the defendant violated terms of his probation and then assesses punishment. The defendant’s guilt for the original offense had been established when he was placed on probation.
At Foster’s adjudication hearing, assistant district attorneys Tanner Barnes and Emily Sterling presented testimony from the assault victim. A Llano County sheriff’s deputy testified that Foster was found a short distance from the home where the assault took place on Jan. 6. Foster also admitted to continued use of methamphetamine and amphetamine.
The punishment range for the offense of burglary of a habitation is usually two to 20 years in prison or up to 10 years’ probation, the release stated. However, because Foster had previous felony convictions, the range was up to 99 years or life.