Unexpected dad Max Schenzel has been sentenced to jail time for the felony theft charges he pleaded guilty to in August, but fans of the show are just now learning why his attorney pushed for the Rule 11 mental evaluation to determine if Max was mentally competent to stand trial.
As you may recall, the reality TV dad (who shares daughter Ava with Chloe Mendoza) was arrested in July and charged with burglary after allegedly stealing credit cards and cash from his friend’s sleeping 77-year-old grandmother. Max pleaded guilty to the charges in August.
The following month, Max’s attorney successfully petitioned for a mental evaluation in an effort to determine whether or not Max was mentally competent stand trial for the charges. (The judge later determined that he was mentally competent.)
Starcasm has obtained court documents from the case in which the defense alleges that Max “fell and hit his head” on or around August 13—approximately five days after he received a plea agreement offer and two days before he accepted it on August 15.
Max’s attorney allegedly didn’t learn of Max’s injury until the scheduled sentencing in September. The defense then moved for the evaluation based on claims that Max had “no recollections of the circumstances in which he entered the plea or the factual basis that supported the plea.”
“Because of Mr. Schenzel’s recent brain injury, he has no recollection of any discussion with [Public Defender Gene Barnes] or the court receding this issue,” the documents continue.
Max was ultimately deemed mentally competent in November following an evaluation by doctors, though Max’s defense claimed the court should allow Max to withdraw his plea agreement on the basis of “manifest injustice.”
However, the prosecution begged to differ.
“There is no objective evidence that the defendant misunderstood any particular term of the plea, or that the defendant’s claims not to remember the charge of plea is credible,” the prosecutors stated. “Further, the factual basis submitted by the parties and approved by the court and the defendant during the plea colloquy is sufficient under Tramble. Therefore, the court should find no manifest injustice and should deny the defendant’s motion.”
The court ultimately sided with the prosecution and Max was sentenced to 30 months of probation, 150 hours of community restitution, 3 months in jail (to begin in May) and he has been ordered to pay more than $1,000 for victim restitution and fees.
In addition to Max’s felony charges, an Injunction Against Harassment remains in place that prevents he and Chloe from contacting each other for anything other than matters regarding their daughter.
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(Photos: TLC, Instagram)