Hays man sentenced on bigamy charge
By DAWNE LEIKER
A Hays man was sentenced Monday to 11 months in prison on a bigamy charge.
David Ybanez Jr., Hays, 42, was charged with bigamy, a felony, in December, while on community corrections for previous convictions, said Ellis County Attorney Tom Drees.
Ybanez originally had been convicted April 9, 2009, on charges of aggravated assault, criminal threat and domestic battery, and was placed on community corrections June 8 in connection with an altercation he had with his first wife March 17, 2009. His first marriage took place March 20, 2006, in Hereford, Texas.
He was placed on community corrections, with underlying sentences of 18 months on the assault charge and six months on the threat charge and sentenced to 60 days in jail on the domestic battery charge.
Bigamy charges resulted from Ybanez's second marriage, which took place Nov. 18 in a ceremony at First Baptist Church, 12th and Fort. He was convicted of bigamy Feb. 3. Charges of perjury resulting from his obtaining a marriage license Nov. 5, at which time he took an oath before district court personnel, were dismissed.
A revocation hearing on Ybanez' previous sentencing was March 8.
Witnesses, evidence and arguments were presented Monday in Ellis County District Court, at which time Judge Tom Toepfer sentenced Ybanez to 11 months in prison.
At the end of serving the prison sentence, Ybanez will be returned to community corrections to complete his sentencing on his prior charges, Drees said. His probation has been extended 11 months on the previous charges to allow for the time he was sentenced to serve in prison on the bigamy charge.
He will remain on community corrections until May 8, 2012.
Ybanez has been in the Ellis County jail since his arrest in December. The time he served will be credited to his former case. He started serving his 11-month sentence Tuesday.