Community Supervision Failed — Judge Boyd Orders Prison Time

[00:00:00]Miss Garcia, I'm looking at your criminal history.

[00:00:04]And sometimes people are learning their lessons, you know.

[00:00:08]But, your criminal history is not good.

[00:00:11]And when I look at criminal history, I'm not necessarily looking at it and say, "Oh, this person is a bad person." I'm looking at it to see has there been any type of intervention. Has somebody learned their lesson? Say the Texas versus Amethyst Garcia. Can I have parties announce for the record for the state?

[00:00:31]>> The state is here, your honor.

[00:00:33]>> And you are here for Miss Garcia?

[00:00:35]>> And are you Miss Garcia?

[00:00:36]>> Yes, ma'am.

[00:00:37]>> Uh Miss Garcia in cause number 2022 CR 8569, you entered a plea.

[00:00:45]And according to the plea bargain agreement, punishment is to be assessed at a cap of 5 years in the prison.

[00:00:51]There's a $1,500 fine. State is solid on your application. They're taking in consideration inmate number 688702.

[00:01:00]Have both parties had a chance to review the PSI report?

[00:01:03]>> Yes, your honor.

[00:01:04]>> [clears throat] >> And it was my understanding that a cap was at four. I left that in the same thing.

[00:01:08]>> Uh I'm just reading what's in the >> My understanding is cap of five.

[00:01:11]>> Five?

[00:01:12]>> Yes.

[00:01:12]>> Okay.

[00:01:14]>> All right. Have both parties had a chance to review the PSI report, state?

[00:01:17]>> Yes, your honor.

[00:01:17]>> Defense?

[00:01:18]Any objections to the PSI report, state?

[00:01:20]>> No objection, your honor.

[00:01:21]>> Defense?

[00:01:23]All right.

[00:01:25]All right.

[00:01:26]And then, Miss Garcia, I'm going to show you what's entitled motion to revoke community supervision and state's motion to supplement pending motion to revoke probation. Did you review those documents with your attorney? Did you understand them?

[00:01:39]I can't hear you.

[00:01:40]>> Yes, ma'am.

[00:01:41]>> Are you saying Amethyst P. Garcia was placed on community supervision in 2021 CR 2958 for the offense of possession of controlled substance penalty group one, 1 g or 4 g on April 18th, 2022 for a term of 5 years.

[00:01:56]>> Yes, ma'am.

[00:01:58]>> All right.

[00:02:00]Uh state.

[00:02:01]>> I guess you're on a vi- actually you're on a on violation condition number one of order June 9th, 2022. The state would like her to orally amended uh striking the language uh W/I/D/E/L which which stands for with intent to deliver.

[00:02:21]Uh to the court.

[00:02:23]>> Any objection?

[00:02:24]>> No objection, ma'am.

[00:02:25]>> All right. Ms. Garcia, do you understand your attorney has uh 10 days to prepare for trial?

[00:02:31]Uh did you understand that's a substantive change to the motion to revoke?

[00:02:36]>> Yes, ma'am.

[00:02:36]>> Uh knowing that, do you still wish to uh continue?

[00:02:39]>> Yes.

[00:02:40]>> Thank you.

[00:02:42]All right. Um we've lost video.

[00:02:47]Okay.

[00:02:49]All right. Uh state.

[00:02:51]>> Yes, you're on a violated condition number one on or about the 9th day of June, 2022 in Bear County, Texas, the defendant Anaïs P. Garcia committed the offense of possession of controlled substance penalty group one, 4 to 200 g in violation of condition number one.

[00:03:06]>> How do you plead to that, true or not true?

[00:03:08]>> True.

[00:03:09]>> You got it. I'll wave the remaining violated conditions.

[00:03:16]>> All right. Did you understand by pleading true to violation of condition number one, the court could find it true, grant the motion, and sentence you to up to 6 years in prison and up to a $1,500 fine?

[00:03:29]>> Yes, ma'am.

[00:03:30]>> Knowing that, do you still wish to plead true to violation of condition number one?

[00:03:33]>> Yes, ma'am.

[00:03:34]>> Court will find violation of condition number one true.

[00:03:39]Uh I'm assuming there's no agreement on the motion to revoke.

[00:03:42]>> That is correct, Judge.

[00:03:43]>> All right. And the state is silent on 2022 CR8569.

[00:03:49]Uh in that cause number uh defense, do you have any witnesses?

[00:03:52]>> Oh, yeah.

[00:03:53]>> All right, then the court will hear argument.

[00:03:55]>> Well, on on the uh or are you saying for the application for probation?

[00:03:59]>> Yes.

[00:04:00]>> Yeah, the application for probation.

[00:04:02]Now, when we were uh trying to negotiate all of this uh NPR and everything, so my understanding is and of course right now I'm saying it different, but my understanding is that the NPR uh agreement for the for punishment would be concurrent or concurrent uh together with the decades that she she plead she plead on. So, uh that's what on that new case, Your Honor, we're asking this court to give her another opportunity. Now, she did uh not comply with her probation. In fact, she as Your Honor can read, she didn't even start her probation.

[00:04:47]She I mean, she didn't show up for orientation or anything like that, which caused the uh warrant and everything to come in. Now, she's realized she's been in jail since November of 2022. She's realized that she has This has to stop.

[00:05:04]And she picked up a new case. It isn't going to get any better, it's just going to get worse as you go along. However, I'm asking this court to give her another opportunity and and why should you give her another opportunity on probation is because I think that she realizes that this has to stop.

[00:05:23]Her She's had a death in the family of her grandmother last year that was her mother figure.

[00:05:30]She had lost a brother who also contributed uh contributed to her mental or mental state which made her uh do uh bad judgment.

[00:05:43]So, uh we're asking the court to give her the opportunity to uh form probation, do things right, go back to the fact my daughters to go on to which are in the hands of their family.

[00:05:58]She has a father that is there that is willing to support her and and she also has a job that's waiting for her if when she gets out of jail.

[00:06:08]So, we're asking the court to give her the opportunity, to second opportunity.

[00:06:13]I know that the facts in her case don't warrant it, but we're asking the court to do so. Cuz I I I had long conversations with Ms. Garcia and I can tell the difference in attitude as to what she has to do in order to continue on with her life.

[00:06:32]Now, the uh happy evaluations are um recommending uh SAP.

[00:06:41]Uh and SAP right now is I know it's a long waiting list and it'll be maybe a year I mean 3 months before she goes to SAP.

[00:06:50]Uh but we're asking the court to uh follow the the other alternative, which is the outpatient treatment. And put as many uh requirements on her for her probation, for to do the outpatient treatment. Now, which she can go to work, she can go take care of her her children and and she can prove to this court that that she And I'm not saying she learned her lesson, I'm just saying she had uh learned that she has to stop.

[00:07:25]That's the only words I can I don't know.

[00:07:27]She has to stop. She has to She has to grow up and be their a parent for her children.

[00:07:33]And I'm asking the court for probation.

[00:07:37]All right. Um so, anything you wish to say, Ms. Garcia?

[00:07:43]>> That is the chance I've used it, isn't it? All right. your right hand.

[00:07:46]Do you solemnly swear affirm the testimony you will be the truth and nothing but the truth so help you God?

[00:07:50]>> Yes.

[00:07:51]>> You can lower your hand. You're going to have to make sure you keep your voice up. State your name for the record.

[00:07:54]>> I'm Natasha Garcia.

[00:07:57]>> All right, what would you like to say?

[00:07:59]>> That I apologize that I was in the wrong day.

[00:08:03]I used an excuse when I it's not an excuse and I would not acknowledge that now.

[00:08:09]I'm not saying that's all.

[00:08:11]No, that's the path I know. I know that I have to do what I need to and I do have five daughters, nine, eight, seven, six, and five.

[00:08:19]And I need to be there for them. I do have a job lined up. I do have support from family and it's time to go on with my life and to carry on and do what I need to do as a woman, as a mother, and do what I need to do.

[00:08:40]>> All right, uh Miss Garcia, I'm looking at your criminal history.

[00:08:48]And sometimes people are learning their lessons, you know.

[00:08:52]But your criminal history is not good.

[00:08:56]And when I look at criminal history, I'm not necessarily looking at it and say, "Oh, this person is a bad person." I'm looking at it to see has there been any type of intervention? Has somebody learned their lesson? Is there anything that I can do to protect the community and have this person been, you know, um productive member of society.

[00:09:20]And I'm looking at your history and there been plenty of interventions for you and you have not taken advantage of any of those interventions.

[00:09:31]And there's I don't think there's I don't think probation is appropriate for you because of that.

[00:09:37]And because of um other things that are in the PSI report, the fact that I previously had you on probation to work with you, and I think any defense attorney in this courthouse in this courtroom will tell you that when I put people on probation, I'm hoping that they will be successful, and I give them conditions to um have tools to be successful. And I always ask people when I put them on probation, I always ask them, is there anything else they need from the court to be successful?

[00:10:11]And what you've done since you've been on probation is not report and just picked up new charges.

[00:10:17]And I can't have that.

[00:10:20]All right. Uh the court is going to sentence you to a $1,500 fine time and money. I'm sorry, in cause number 2022 CR8569.

[00:10:29]The court will sentence you to a $1,500 fine time and money run concurrent. This will run concurrent with 2021 CR2958.

[00:10:38]5 years in the prison, taking consideration night mag number 688702.

[00:10:44]Give you credit for any time served.

[00:10:47]Going to show you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your attorney? Did you understand it and did you sign it?

[00:10:56]Because this is a felony conviction, uh you're not allowed to own or possess any weapons or ammunition. If you have a question about what a weapon or ammunition is, you need to speak to an attorney.

[00:11:08]Because this is a plea bargain agreement, because I followed your plea bargain agreement and you waived your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:11:16]Now, if you would like, because I do see the TAP evaluation, they're recommending that you do inpatient treatment. If you would like, I could recommend you for the therapeutic community.

[00:11:26]Uh it is a drug treatment program. I cannot force them to put you into it.

[00:11:30]All I can do is recommend it, and then you will have to recommend it yourself.

[00:11:34]It does not include increase the amount of time that you're in custody. Would you like to be considered?

[00:11:47]>> Would you explain again, Your Honor?

[00:11:49]>> All right.

[00:11:50]So, the therapeutic community.

[00:11:52]I do not have jurisdiction to force them to place you in the therapeutic community. The therapeutic community is a program at the prison that will hopefully help you with any drug issues you have.

[00:12:04]If you're accepted into the therapeutic community, it does not increase your prison time. So, for example, in this case, you've been sentenced to 5 years prison. If you're in the therapeutic community and you do not complete it, they're not going to say, "Oh, she didn't complete it in 5 years, so we're giving her 6 years." If you're up for parole and they deem your parole worthy at 2 years, they're not going to say, "Ah, we're giving her parole We would give her parole, but because she hasn't completed the therapeutic community, we're not giving her parole." So, it's merely a program to help you hopefully with any drug issues you have.

[00:12:39]All right, and we'll do a request for therapeutic community.

[00:12:48]All right, next we're going to move on in cause number 2021 CR2958, the court uh found violation of condition number one true.

[00:13:01]Uh the court will sentence you to 5 years in the prison.

[00:13:05]Give you credit for any time served.

[00:13:08]>> [clears throat] >> This will run concurrent with 2022 CR8569.

[00:13:23]There's to be no contact with Antonio Reyes, r e y e s.

[00:13:35]And there is a $1,500 fine.

[00:13:38]Time and money to run concurrent.

[00:13:47]And that cause number I'm showing you uh and I'll request the therapeutic community.

[00:13:55]And that cause number I'm showing you what's entitled trial court certification of defendant's rights to appeal. Did you review that document with your attorney? Did you understand it and did you sign it?

[00:14:06]I'm sorry.

[00:14:06]>> Yes.

[00:14:07]>> All right. This has not been a plea bargain agreement, so you do have a limited right to appeal and that right to appeal is as it relates to the allegations in the motion, not the fact that you were on community supervision.

[00:14:17]Do you understand?

[00:14:20]>> Yes, ma'am.

[00:14:21]>> All right. And because that is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question of what a weapon or ammunition is, again, you'll need to speak to your attorney. Do you understand?

[00:14:31]>> Yes.

[00:14:32]>> All right. We can go off the record.

[00:14:34]Miss Garcia, I know you wanted uh probation.

[00:14:37]Uh your attorney told me about your daughters. When you get out of prison, you need to make sure that you stay on the straight and narrow so you can be in their lives, all right? All right. Good luck to you.

[00:14:47]>> In a world filled with headlines and opinions, finding the truth behind every case is more important than ever. We analyze legal cases, real events, and court decisions with facts and clarity.

[00:14:57]No rumors, no bias, just verified information and clear explanations.

[00:15:02]Breaking down complex cases so you understand the real story. The True Verdict. Subscribe and stay informed.