#JudgeBoyd #CourtroomDrama #Sentecing #JudgeBoyd #CourtroomDrama #Sentecing #ProbationHearing #TexasCourts #JusticeServed
In a Bexar County, Texas courtroom, Judge Stephanie Boyd presided over plea hearings demonstrating a firm yet structured approach to deferred adjudication cases. The proceedings featured two defendants: Jo McCormack, charged with reckless injury to a child (bodily injury, state jail felony), and Abby Marino, charged with possession of a controlled substance (Group 1, less than one gram, state jail felony).
Judge Boyd meticulously followed standard plea colloquy procedures — confirming understanding of rights, charges, and consequences — before accepting guilty pleas and granting deferred adjudication. Her sentencing emphasized accountability, rehabilitation, child safety, and supervision, often exceeding the State's recommendations with additional protective and corrective conditions.
Key Highlights
Case 1: State of Texas v. Jo McCormack (Injury to a Child – Reckless Bodily Injury)
The court accepted a plea bargain for deferred adjudication (2 years) with a $1,500 probated fine, aligning with the State’s recommendation.
Judge Boyd imposed 80 hours of community service (40 hours waived upon proof of COVID vaccination, which was not required).
Strict child safety conditions: No unsupervised contact with minors, no employment involving minors or home health care, and no contact with the complainant (Nicholas Pettz Fernandez) or his family.
Additional requirements: Hostility and aggression control course, proof of employment within 30 days, regular UA testing, monthly field visits, and reporting.
The judge directly warned the defendant against babysitting or providing any childcare, addressing potential assumptions based on her appearance (“grandmotherly face”).
Case 2: State of Texas v. Abby Marino (Drug Possession)
Granted 3 years deferred adjudication (longer than the State’s 1-year recommendation) with referral to felony drug court.
200 hours community service (40 waived with COVID vaccination proof; remaining hours potentially waived after parenting classes).
Extensive supervision: Field visits 3x per month, regular reporting and UA testing, proof of employment within 30 days, no unsupervised contact with minors, and no employment with minors or home health care.
The judge highlighted the defendant’s multiple children (with terminated parental rights) and substance issues as key factors driving intensive intervention.
Overall Judicial Style
Judge Boyd combined procedural thoroughness with direct, protective admonishments focused on community safety, personal accountability, and rehabilitation. She balanced leniency (deferred adjudication) with meaningful restrictions designed to prevent reoffending, particularly harm to children.
In a Bexar County, Texas courtroom, Judge Stephanie Boyd presided over plea hearings demonstrating a firm yet structured approach to deferred adjudication cases. The proceedings featured two defendants: Jo McCormack, charged with reckless injury to a child (bodily injury, state jail felony), and Abby Marino, charged with possession of a controlled substance (Group 1, less than one gram, state jail felony).
Judge Boyd meticulously followed standard plea colloquy procedures — confirming understanding of rights, charges, and consequences — before accepting guilty pleas and granting deferred adjudication. Her sentencing emphasized accountability, rehabilitation, child safety, and supervision, often exceeding the State's recommendations with additional protective and corrective conditions.
Key Highlights
Case 1: State of Texas v. Jo McCormack (Injury to a Child – Reckless Bodily Injury)
The court accepted a plea bargain for deferred adjudication (2 years) with a $1,500 probated fine, aligning with the State’s recommendation.
Judge Boyd imposed 80 hours of community service (40 hours waived upon proof of COVID vaccination, which was not required).
Strict child safety conditions: No unsupervised contact with minors, no employment involving minors or home health care, and no contact with the complainant (Nicholas Pettz Fernandez) or his family.
Additional requirements: Hostility and aggression control course, proof of employment within 30 days, regular UA testing, monthly field visits, and reporting.
The judge directly warned the defendant against babysitting or providing any childcare, addressing potential assumptions based on her appearance (“grandmotherly face”).
Case 2: State of Texas v. Abby Marino (Drug Possession)
Granted 3 years deferred adjudication (longer than the State’s 1-year recommendation) with referral to felony drug court.
200 hours community service (40 waived with COVID vaccination proof; remaining hours potentially waived after parenting classes).
Extensive supervision: Field visits 3x per month, regular reporting and UA testing, proof of employment within 30 days, no unsupervised contact with minors, and no employment with minors or home health care.
The judge highlighted the defendant’s multiple children (with terminated parental rights) and substance issues as key factors driving intensive intervention.
Overall Judicial Style
Judge Boyd combined procedural thoroughness with direct, protective admonishments focused on community safety, personal accountability, and rehabilitation. She balanced leniency (deferred adjudication) with meaningful restrictions designed to prevent reoffending, particularly harm to children.
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NewsTranscript
00:00charged with injury to a child bodily injury reckless as a state jail felony. The range of
00:06punishment is anywhere from 180 days in the state jail facility in up to two years and the state
00:11jail facility in $10,000 fine. Welcome to the court of justice. The court is calling 2021 CR
00:199419 state of Texas versus Joe McCormick. Can our parties approach and announce for the record for
00:26the state? Catherine Pollard for the state. For the defense? And are you Ms. McCormick?
00:37Are you Ms. McCormick? All right. My understanding from the defense is her last name is spelled
00:44incorrectly. Is that correct? That is correct. All right. And so for the record, what is the
00:48correct spelling of her last name? All right. Counsel, I'm showing you the discovery acknowledgement.
00:58Have you received all the discovery in this case and did you review it with your client?
01:01Yes, I did, Your Honor. The court will find that the state is in compliance with discovery.
01:05Ms. McCormick, I'm showing you what's entitled application for deferred adjudication or community
01:09supervision. Did you review that with your attorney? Did you understand it? And did you sign it?
01:15Yes. Next, I'm showing you what's entitled true bill of indictment. Did you review that with your
01:19attorney? Did you understand it? Counsel, do you weigh the reading of the indictment?
01:23Yes, Your Honor. State, are you proceeding on the indictment as presented?
01:26Yes, Judge. Ms. McCormick, I'm showing you what's entitled court admonishments. Did you review that
01:30document with your attorney? Did you understand it? Did you sign it in all the appropriate places?
01:34Yes, Judge. Did you understand you're charged with injury to a child, bodily injury, reckless
01:40as a state jail felony? The range of punishment is anywhere from 180 days in the state jail facility
01:45in up to two years and the state jail facility in a $10,000 fine. Did you understand?
01:49Yes. If you have a plea bargain agreement with the state, the court does not have to follow your
01:53plea bargain agreement. If for any reason the court does not follow your plea bargain agreement and
01:57gives you more than you bargained for, the fact that you entered a plea will not be used against you
02:01and you will be allowed to withdraw your plea. Did you understand? Did you understand you have a
02:06right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the
02:11state would call and the right to remain silent? Yes. Did you understand that by entering this plea
02:18you were giving up those rights? Yes. And did you intend to give up those rights and enter into a
02:22plea bargain agreement in this case? Yes. Did you understand if the court were to grant this
02:26application for deferred adjudication, if for any reason your deferred adjudication were revoked,
02:31the court could find you guilty and sentence you up to two years in the state jail facility in up
02:35to
02:35a $10,000 fine. Did you understand? Yes, ma'am. Counselor, has your client been able to provide
02:39you with any defenses? Yes, ma'am. Do you believe she has a rational as well as a factual understanding
02:44of the charges against her? Yes, ma'am. Do you believe she's currently competent and was legally
02:47sane at the time of the offense? Yes, ma'am. Ms. McCormick, has anyone threatened you? Horace,
02:52do you replace you in fear to get you to enter this plea? No, ma'am. Has anyone promised you
02:55anything
02:55other than the plea? No, ma'am. Are you satisfied with the way you've been represented? Yes, ma'am.
03:00Are you a U.S. citizen? Yes, ma'am. Are you a U.S. citizen? Yes, ma'am. All right,
03:04the court will find that defendant has knowingly and voluntarily waived her right to jury trial.
03:08I'm showing you the plea bargain page. Did you review that with your attorney? Did you understand
03:11it? Yes, ma'am. According to the plea bargain agreement, there's a $1,000, I'm sorry, $1,500
03:16fine probated. State recommends deferred adjudication. Did you understand that to be the
03:21plea? Yes, ma'am. Defense, is that the plea? Yes, ma'am. State, is that the plea? Yes, ma'am.
03:25Next,
03:26I'm showing you the paragraph entitled Wave of Appeal paragraph. Did you review that paragraph with
03:30your attorney? Did you understand it? Did you sign it in both places? Did you understand by signing
03:34that you're waiving your right to appeal? The only items that can be appealed are written
03:38pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?
03:43Counselor, have any such motions? Yes, ma'am. Next, I'm showing you outside the plea bargain
03:47agreement. State is requesting that your deferred adjudication be for a term of two years. There'll be
03:5140 hours of community service restitution. No contact with Nicholas Pérez Fernandez and his family,
03:58and the hostility and aggression control course. Did you understand those are recommendations from
04:03the state and the court does not have to follow those recommendations? Then to the offense as
04:08charged, how do you plead? Guilty, not guilty, or no contest? State, any evidence? Yes, judge.
04:14It's a good offer. What's been marked? No objections. Mr. McCormick, I'm showing you what's entitled
04:20Wavering Consent to Stipulation of Testimony and Stipulations. Did you review that document with
04:24your attorney? Did you understand it? Did you sign it in all the appropriate places? Again, did you
04:29understand you have a right to jury trial, a right for you or your attorney to cross-examine and
04:33confront any witnesses the state would call in the right to remain silent? Did you understand that
04:38today the state will be presenting evidence in the form of witnesses, statements, and police reports,
04:42but most importantly, there will be no live testimony? Did you understand? Yes. Court will find that
04:47defendant has knowingly and voluntarily waived and consented to stipulation of testimony and
04:51stipulations. Court will accept into evidence States Exhibits 1 and attachments and review the
04:55same. All right. After reviewing States Exhibits 1 and attachments, the court will find there
04:58sufficient evidence to find you guilty. The court will defer to find you guilty as you apply for
05:03deferred adjudication. Are we proceeding with sentencing? Yes, Your Honor. Anything you wish to
05:07say on behalf of your client? Yes, Your Honor. Joy has gotten through a very difficult situation.
05:32All right. You do realize that I'm not going to allow you to take care of children. No. All right.
05:39So
05:39two-year-olds are easily injured. You can't do that.
05:46All right. This is what the court is going to do. The court is going to sentence you to two
05:50years
05:50deferred adjudication, a $1,500 fine probated,
06:0080 hours of community service restitution. 40 of those hours will be waived if you provide the COVID
06:07vaccination. The court is not requiring you to get the COVID vaccination, but if you do, 40 of those
06:10hours will be waived. There should be no contact
06:15with the complainant or the complainant's family.
06:20Are you employed?
06:22No, not this time. I was far from this arrest.
06:26There should be the hostility
06:28and aggression
06:32control course.
06:34Do you have any grandchildren?
06:36No.
06:39All right. Proof of employment
06:44within, I know you're, you're unemployed, but you need to get employment.
06:49Yeah. Proof of employment within 30 days.
06:52There should be no employment as a home healthcare provider
06:56or with minors.
06:59There should be no unsupervised contact
07:04with minors.
07:07I'm going to want random field visits
07:13one time per month.
07:16There should be regular
07:18UAs and regular reporting.
07:23There should be no unsupervised contact
07:28probation.
07:28All right. Probation. Is there anything else
07:29that she needs?
07:31All right. Is there anything else you need
07:33from the court in order to be successful?
07:37I'm concerned about where I can find employment now.
07:40Is there any
07:41restoration office
07:44Yes, they will.
07:46All right. I'm going to show you what's entitled
07:47trial court certification of defendants' rights
07:49to appeal. Did you review that document with your
07:51attorney? Did you understand it and get you signed
07:53it? Because this is a plea bargain
07:55agreement, because I followed your plea bargain
07:57agreement, and because you waived your right to appeal, you do not have
08:00the court's permission to appeal. Do you understand?
08:02Yes, sir.
08:02All right. So here's the thing. I told you you're not to have any unsupervised
08:06contact with children.
08:09Some people
08:09will look at you and say, oh, she
08:11has a grandmotherly face. This would be a
08:13great place for her to babysit.
08:15You're not allowed to have children
08:17in your home babysitting.
08:19And if somebody comes over
08:22to your house with the child and they say, well, I need
08:24to go to the grocery store for a few minutes. Why don't
08:25you watch? You need to tell them you cannot.
08:28All right. All right. Good luck to you.
08:30Court is going to call
08:332022 CR
08:33you can slide down just a little
08:35CR 6 3 1 7 B
08:37state of Texas versus Abby Marino.
08:40Can I have parties announced for the record for the
08:41state?
08:43For the defense.
08:47And are you Miss Marino?
08:49Counsel, I'm showing you the
08:50discovery acknowledgement. Have you received all the
08:52discovery in this case and did you review it with your
08:54clients?
08:55Yes, I have.
08:56Court will find that the state is in compliance with
08:57discovery. Miss Marino, I'm showing you what's
09:00entitled application for deferred adjudication
09:02or community supervision. Did you review
09:04that with your attorney? Did you understand it?
09:06And did you sign it?
09:08I'm going to need you to speak up.
09:10I'm showing you what's entitled true bill of
09:12indictment. Did you review that document with
09:14your attorney? Did you understand it?
09:16Counsel, do you waive the reading of the
09:17indictment?
09:18Yes, I do, Your Honor.
09:19State, are you proceeding on the indictment as
09:21presented?
09:21We are, Your Honor.
09:22Miss Marino, I'm showing you what's entitled court
09:24admonishments. Did you review that document with
09:26your attorney? Did you understand it? Did you
09:28sign it in all the appropriate places?
09:31Did you understand you're charged with possession
09:33of a controlled substance penalty group one less
09:35than one gram? That's a state jail felony.
09:37The range of punishment is anywhere from 180
09:40days up to two years in the state jail
09:42facility and up to a $10,000 fine.
09:44Did you understand?
09:46Did you understand you have a right to jury
09:47trial, a right for you or your attorney to
09:49cross-examine and confront any witnesses the
09:51state would call and the right to remain silent?
09:54Did you understand by entering this plea bargain
09:56agreement you were giving up those rights?
10:00Okay, I'm going to need you to speak up.
10:02And did you intend to give up those rights and
10:04enter into a plea bargain agreement in this case?
10:07Did you understand if the court would have
10:08grant your application for deferred adjudication,
10:11if for any reason your deferred adjudication
10:13were revoked, the court could fine you guilty,
10:15not grant you community supervision, and
10:17sentence you up to two years in the state
10:19jail facility and up to a $10,000 fine.
10:21Did you understand?
10:24Counsel, has your client been able to provide
10:26you with any defenses?
10:28Do you believe she has a rational as well as a
10:30factual understanding of the charges against
10:31her?
10:33Do you believe she's currently competent and was
10:35legally sane at the time of the offense?
10:38Ms. Moreno, has anyone threatened you,
10:39coerced you or placed you in fear to get you to
10:41enter this plea?
10:42Has anyone promised you anything other than the
10:45plea bargain agreement?
10:46Are you satisfied with the way you've been
10:48represented?
10:49Are you a U.S. citizen?
10:52Court will find that defendant has knowingly and
10:54voluntarily waived her right to jury trial?
10:57Showing you the plea bargain page, did you
10:58review that page with your attorney?
11:00Did you understand it?
11:02According to the plea bargain agreement,
11:04there is a $1,200 fine to be probated.
11:06State recommends deferred adjudication.
11:09This is the wrong concurrent with county court
11:10cause number 684769.
11:13There's $57 restitution to the Bexar County
11:16Crime Lab for drug testing.
11:18Did you understand that to be the plea bargain
11:19agreement?
11:20Defense, is that the plea bargain agreement?
11:22Yes, it is not.
11:23State, is that the plea bargain agreement?
11:24It is, Your Honor.
11:25Next, I'm showing you the paragraph entitled
11:27Waiver of Appeal.
11:28Did you review that paragraph with your
11:29attorney?
11:30Did you understand it and did you sign it in
11:32both places?
11:33Did you understand by signing that you're
11:35waiving your right to appeal?
11:36The only items that can be appealed are
11:37written pretrial motions that have been
11:39filed, heard, and ruled upon by the court.
11:41Did you understand?
11:42Counsel, have there been any such motions?
11:44No, there has not.
11:45Showing you outside the agreement, the
11:47state is recommending that your deferred
11:49adjudication be for a term of one year
11:51and there'll be 120 hours community service
11:53restitution.
11:54But you understand those are recommendations
11:55from the state and the court does not have
11:57to follow those recommendations.
12:00Then to the offense is charged in the
12:01indictment.
12:02How do you plea?
12:02Guilty, not guilty, or no contest?
12:06State, any evidence?
12:06Yes, I would say we need to admit with more
12:09to speak.
12:09No, good.
12:11Mr.
12:12Miss Moreno, I'm showing you what's entitled
12:14wavering consent to stipulation of testimony
12:16and stipulations.
12:17Did you review that document with your
12:18attorney?
12:19Did you understand it?
12:20Did you sign it in all the appropriate
12:21places?
12:22Again, did you understand you have a right
12:23to jury trial, a right for you or your
12:25attorney to cross-examine and confront any
12:27witnesses the state would call in the
12:29right to remain silent?
12:30Did you understand?
12:32Did you understand that today the state
12:33will be presenting evidence in the form of
12:35witnesses, statements, and police reports,
12:37but most importantly, there will be no
12:38live testimony.
12:39Did you understand?
12:41The court will find that defendant has
12:43knowingly and voluntarily waived and
12:44consented to stipulation of testimony
12:46and stipulations.
12:47The court will accept into evidence
12:48state's exhibits, one in attachments,
12:50and review the same.
12:52After reviewing state's exhibits, one in
12:53attachments, the court will find there
12:54is sufficient evidence to find you guilty.
12:57The court will defer finding you guilt as
12:58you've applied for deferred adjudication.
13:01Counselor, are we proceeding with
13:02sentencing?
13:02Yes, Your Honor, where is the
13:04misdemeanor probation?
13:05Anything you wish to say on behalf of
13:06your client?
13:07No, no.
13:08We are one of the courts in
13:12subject to the agreement that we have
13:14in this state.
13:16And we'll be taking care of the
13:18misdemeanor's court to be
13:20clean on the misdemeanor case.
13:23So the issues of probation, we're
13:25asking for that.
13:27For this probation to be
13:28confirmed with the misdemeanor.
13:31What misdemeanor probation?
13:33Hi, it's on a death case, Your Honor,
13:36it should be one of the exhibits that
13:37is concurrent for W55.
13:41Okay, so it's concurrent with 684769,
13:45correct?
13:46Yes, Your Honor.
13:47All right.
13:49So, Ms. Marino, how old are you?
13:53Three, five.
13:55Do you have children?
13:57No.
13:57What are their ages?
14:0117, 7, 6, 6, 5, 4, 2.
14:07Is Child Protective Services involved?
14:10I'm sorry?
14:13All right.
14:14So your rights were terminated?
14:23All right.
14:26Well, what about which four?
14:30Well, what about the two-year-old?
14:40Okay.
14:42All right.
14:42Are you employed?
14:43When's the last time you had a job?
14:50How far did you go in school?
14:52The ninth grade.
14:54Why did you drop out?
14:57Hmm?
14:58All right.
15:00So is there any gang affiliation with you?
15:03All right.
15:04What's your drug of choice?
15:07Alcohol.
15:08No, it's more than alcohol because we're not here for possession of alcohol.
15:12So you were in the vehicle with somebody and there was cocaine, meth, brown heroin, drug paraphernalia.
15:19So nobody's hanging around with people just doing alcohol.
15:25Have you ever done heroin?
15:29Have you ever done cocaine?
15:32Marijuana?
15:35Prescription medication?
15:38All right.
15:38Any other type of drug that you've done other than those?
15:41Have you done ecstasy?
15:42All right.
15:43So are these the only drugs that you've ever done?
15:47All right.
15:47And who is Reynaldo Esquivel to you?
15:51All right.
15:52He's going to remain your ex.
15:53Okay.
15:56All right.
15:58Probation?
15:59Yes, ma'am.
16:00I know that felony drug court is filling up quickly, but please tell them that she desperately needs help.
16:05Okay.
16:06All right.
16:06I'm going to sentence you to two years.
16:08Well, no.
16:09I'm going to sentence you to three years deferred adjudication.
16:11Of course, if she completes everything early, she can get off early, but she needs to go to somebody's drug
16:16court.
16:16And that's going to be felony drug court because she has an issue.
16:19And the fact that you have children who are ages 17, 7, 6, 5, 4, 2, and you're not raising
16:25any of them tells me Child Protective Services was involved and you didn't do your parenting classes or you couldn't
16:32stay off drugs.
16:33So we're going to help you with that.
16:34Okay.
16:35So it's going to be three years deferred adjudication, a referral to felony drug court.
16:40She's to remain in custody until accepted.
16:44And if for some reason felony drug court doesn't accept her, I'm going to want to tap evaluation while in
16:51custody.
16:53And before she's released, I want to have another hearing if felony drug court doesn't accept her felony drug court,
16:59because we're late in the week.
17:00They'll probably end up seeing you Monday or Tuesday of next week.
17:03Okay.
17:05I'm going to want proof of employment.
17:09Within 30 days of release, there's to be no employment as a home health care provider or with minors.
17:15There's to be no unsupervised contact with minors.
17:22There's to be regular reporting by Zoom or in person.
17:29Probation, the UA hotline until further notice.
17:36And I'm going to want field visits.
17:39Probation, I'm sorry.
17:40It's going to have to be three times per month, because I don't know if the grandparents got with her
17:46and decided we're going to take the children.
17:48But technically and for all intents and purposes, they'll be with you.
17:54So we're going to do field visits three times per month until further notice.
18:02Probation, is there anything else you need?
18:08We're going to do 200 hours of community service restitution.
18:1240 of those hours will be waived if you provide the proof of the COVID vaccination.
18:16Court is not requiring you to do that.
18:17But if you do, 40 of those hours will be waived.
18:19And I'm going to want parenting classes.
18:22And once those parenting classes are completed, the remaining community service hours will be waived.
18:28And there's $57 restitution to Bexar County Lab.
18:36And this is run concurrent with 684769.
18:42Probation, is there anything else?
18:44Ms. Marino, is there anything else you need from the court?
18:47All right.
18:48I'm going to show you what's entitled Trial Court Certification of Defendants' Rights to Appeal.
18:51Did you review that with your attorney?
18:53Did you understand it?
18:54And did you sign it?
18:55Because this is a plea bargain agreement, because I followed your plea bargain agreement,
18:59and because you waive your right to appeal, you do not have the court's permission to appeal.
19:03Do you understand?
19:05All right.
19:05We can go off the record.
19:07Here's the thing, Ms. Marino.
19:08You can't continue to have children and not take care of them.
19:12And children deserve to be in a home where their parents are clean and sober.
19:17So your children are still very young.
19:19I know your rights have been terminated, but you still could probably end up being a part of their life
19:23if you're clean and sober.
19:25But if you have no intention of being clean and sober, don't bring that nonsense to their grandparents' doorstep.
19:31You just keep on moving with your life and send money back home.
19:34You understand?
19:35All right.
19:36Good luck to you.
19:37You're welcome.
19:39All right.
19:40Joe McCormick stood before Judge Stephanie Boyd, pleading guilty to reckless injury to a child.
19:46The state recommended deferred adjudication, a second chance.
19:50But Judge Boyd doesn't hand out second chances blindly.
19:53She read the room.
19:54The defendant was unemployed.
19:56She had grandchildren.
19:57And the charge involved hurting a child.
19:59This is what the court is going to do, Boyd said, her tone shifting from procedural to parental.
20:05She accepted the plea but then destroyed the soft recommendations.
20:10Two years deferred?
20:11Yes.
20:12But with 80 hours of community service, 40 waived only if McCormick gets vaccinated.
20:17A $1,500 probated fine.
20:20Random field visits once a month.
20:22Regular UAs.
20:24And then came the hammer.
20:25No unsupervised contact with minors.
20:28Boyd ordered.
20:29You cannot babysit.
20:30Not even for a few minutes.
20:32McCormick's lawyer stammered about employment concerns.
20:35Boyd didn't flinch.
20:36You're not allowed to have children in your home.
20:38She repeated.
20:40She even preempted the excuse.
20:42Some people will look at you and say, she has a grandmotherly face.
20:46You tell them no.
20:47The judge wasn't cruel.
20:49She was surgical.
20:50She gave McCormick a path forward.
20:53Employment proof in 30 days, aggression control courses, but zero room to hurt another child.
20:58In under 10 minutes, Judge Stephanie Boyd transformed a routine plea into a masterclass in courtroom authority.
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