Former Smith County constable waives right to appeal, remaining charges dismissed

Joshua Black
Joshua Black(Smith County Sheriff's Office)
Published: Sep. 24, 2021 at 2:21 PM CDT
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TYLER, Texas (KLTV) - A former Smith County constable has waived his rights to appeal his jury conviction and sentencing on an official oppression charge. According to a press release from the District Attorney’s Office, the state will drop remaining charges against Joshua Black.

During the punishment phase of the trial, the jury received evidence and considered testimony that gave rise to both a new prostitution charge and a new official oppression charge. The victim in the new cases testified in the jury trial, and the jury assessed punishment based on the testimony and evidence from all four cases.

The State discussed options of proceeding to trial in the remaining cases with the victims in each case. The victims each expressed a desire not to be required to testify again and the judgment to be finalized, according to the press release.

According to the press release, the State believes it is in the interest of justice that the remaining misdemeanor charges be dismissed in exchange for the defendant waiving his right to a new trial and his right to appeal in the case already tried. The filing of this waiver makes permanent the defendant’s removal from office and ensures the victims will not be required to testify again. This allows the commissioner’s court to appoint a new constable, according to the press release.

Black was convicted a week ago. The charge stemmed from a woman stating Black used his power as constable to harass her and petition for sexual relations with her.

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