Dr*g Court Gave Him Chance After Chance | Then He Relapsed Again After Rehab

Added: 2026-05-31

[00:00:00]All right, we can go off the record. If you have a child, you need to do better.

[00:00:03]You have family here who's supporting you, you need to do better.

[00:00:06]>> Judge Boyd listened as Javier Zapetta blamed addiction and fear for disappearing from probation, but the court records told a very different story. What started as a plea for mercy quickly became a harsh breakdown of every chance he had already been given.

[00:00:21]>> 2018 2018 CR 9274W, State of Texas versus Javier Zapeda. Can I have parties announced for the record for the state?

[00:00:31]>> Travis, thanks for the state of Texas.

[00:00:33]>> Defense approve for peace.

[00:00:35]>> And are you Mr. uh Javier Zapeda the third?

[00:00:38]>> Yes, your honor.

[00:00:39]>> I'm going to show you what's entitled motion to enter adjudication of guilt and revoke community supervision and states motion to supplement pending motion to enter adjudication of guilt and revoke community uh supervision. Did you review those documents with your attorney? Did you understand them?

[00:00:54]>> Yes, ma'am. Are you the same Javier Zapeda III who was placed on deferred adjudication in 2018 CR 9274W for the offense of assault family second offense on September 5th 2018 for a period of three years. Is that you?

[00:01:10]>> Yes, ma'am.

[00:01:10]>> All right. State violated condition number five in Bar County, Texas. The defendant Javier the third did then there failed to report to the supervision officer in person for the months of May 2020, June 2020, and July 2020. in condition violation of condition number five.

[00:01:27]>> How do you plead to that? True or not true?

[00:01:29]>> True.

[00:01:30]>> The state will wave and abandon the uh other allegations in the motion.

[00:01:34]>> All right. Any objections?

[00:01:36]>> No objection.

[00:01:36]>> Did you understand by pleading true to violation of condition number five, the court could find it should grant the motion, find you guilty, and sentence you up to 10 years in prison and up to $10,000 fine?

[00:01:47]>> Yes, ma'am.

[00:01:47]>> Knowing that, do you still wish to plead true to violation of condition number five?

[00:01:51]>> Yes, ma'am. court would find violation of condition number five true. Is there an agreement?

[00:01:56]>> Your honor, there's not an exactly an agreement. Um, the state is recommending uh that the defendant be revoked and sentenced to five years, but I believe defense has their own request for the >> All right, defense, what are you requesting?

[00:02:10]>> My client, his family, his employer, and I are requesting that he be allowed to do inatient to be allowed an electronic monitoring device and to and to continue on probation. We would uh not be opposed to extending them as long as it's physically possible. And we have witnesses uh we have some testimony we think the courts will find relevant.

[00:02:31]>> All right. Uh probation.

[00:02:34]>> Your honor, this case expired in 2021.

[00:02:38]Um so an extension of probation at this time would not be an option. Yes, >> I I understand your honor. We have in the courtroom today Mr. Joe Ricky, his employer, >> we have his mother and we have his father. The problem here is that this man is has been a heroin addict to your honor and he's trying to bring that under control. Even while he had absconded, he has he has been going to get methadone. He's been going to the methadone clinic and his mother's a witness to the fact that she takes him every day to the methadone clinic. And the father is here to testify that he himself has been a methadone for 10 years and is supporting his family and has a full-time job as a supervisor and he's a methadone user. And that's how he he fights his cringes. And and this young man is taking methadone. Um, >> so this is the question. Here's the thing. These are the answers I need to make an appropriate decision in this case. Now, even though um I cannot extend you, I can find you guilty and I can give you regular probation, but there are questions that I have that need to be answered.

[00:03:58]>> Yes, ma'am.

[00:03:59]>> And those questions are going to be where has he been and uh what has he done on probation?

[00:04:07]Tell the court what >> can you raise your right hand for me please? Do you solemnly swear affirm the testimony you give will be the truth that nothing but the truth shall help you God?

[00:04:15]>> Yes ma'am.

[00:04:15]>> All right. You can lower your hand.

[00:04:16]State your name for the record please.

[00:04:19]>> All right. Off the record for a moment.

[00:04:21]Could I see the attorneys on uh Mr. Juan Antonio Garcia Sanchez?

[00:04:28]Attorneys.

[00:04:31]>> Yeah.

[00:04:35]Oh, if you all would come this way, please you can come behind the rope.

[00:04:45]>> Thank you. Oh, no. You can keep that.

[00:04:46]>> Oh, I can.

[00:04:47]>> All right. So, um, what I need you all to do is the court reporter who was here on this case, my understanding she's in the 226.

[00:04:57]if you can tell her to look for this testimony and send it to me because the question I have from the jurors are we are in dispute regarding the counselor's testimony. Did Mia tell the counselor about the alleged abuse after the outcry? And I don't think anyone specifically asked that question, but the court reporter may have in her notes, this is the day she spoke to the counselor and this is the day she spoke to the outcry witness. So, if you all could if you'll go to the 226 because I know she's uh reporting in in Miss Mesa's court. The clerk will give you a copy of this and if you will have her email me the answer and then I will print it out for you and we'll see if you all have any objections.

[00:05:45]>> All right. Um, Norma, I need uh two comments for this.

[00:05:52]>> One for events in the state and one for >> All right. Thank you. If you all will do that, uh, if you'll meet Miss Ferguson in the back, she'll bring a copy for you.

[00:06:06]All right. We're back on the record. So, where have you been?

[00:06:10]>> I've been working m and uh with a family member.

[00:06:17]I actually have three jobs.

[00:06:21]>> All right. So, you were in felony drug court.

[00:06:24]>> Yes, ma'am.

[00:06:25]>> And you didn't do Well, felony drug court is a good program. And what I have is that um you were sent to felony drug court.

[00:06:38]You were placed in ISF.

[00:06:41]You were returned back to felony drug court.

[00:06:44]And by the end of April 2020, you were testing positive for opiates and marijuana.

[00:06:50]You continued to use drugs. You were not in compliance with felony drug court outpatient treatment. And then you stopped reporting and then you contacted your case manager.

[00:07:03]>> And I'm aware of all the parties in felony drug court because I used to be an attorney in felony drug court.

[00:07:08]>> Yes, ma'am. I'm aware of that.

[00:07:09]>> You contacted her in July 2020. You you requested help?

[00:07:13]>> Yes, ma'am.

[00:07:14]>> So they arranged for you to go to detox, go to center for healthcare services, and then be trans transitioned to lifetime residential treatment upon detox.

[00:07:24]>> Yes, ma'am. You entered detox, then you left detox. Yes, ma'am.

[00:07:28]>> Then a warrant was issued for you, and then you stopped communicating with felony drug court.

[00:07:34]>> Yes, ma'am.

[00:07:36]>> I got scared. Um, >> well, no, >> I had a kid on the way, so I made a >> Don't use that fear thing with me. And let me just tell you why. Don't use the fear thing with me. Because I'm reading this and felony drug court. I know how they work. When people relapse, they don't immediately cut you off. Yes, ma'am.

[00:07:55]>> And that's evidenced by the report that I'm reading that they gave you chance after chance. They sent you to detox.

[00:08:01]So, you leaving detox. Don't try to use your child as an excuse. I had a baby on my way on the way because that wasn't the reason why you left de detox. You left detox because it got hard and you wanted to use and you're continuing to use. So, do not use your child as an excuse for why you are not clean and sober.

[00:08:19]>> Yes, ma'am.

[00:08:22]So, I don't believe there's anything that I can do for you because felony drug court has tried it all.

[00:08:30]You absconded from felony drug court and they still accepted you back after you abscond it. They were giving you help and then you abscond it again. And I I understand that there comes a point in time in people's lives where they're like, "Okay, now I'm ready to do it."

[00:08:48]But at some point in time, the court can't continue working with people who don't want to be worked with. And your problem is your chances to be worked with have elapsed.

[00:09:01]There is no chance to be worked with. You're going to have to do it on your own.

[00:09:09]>> When he wasn't reporting, he was taking methodone >> to make sure he did not go down a spiral. He he was trying and his family is here to say that they work with him with that.

[00:09:22]>> But all he had to do was pick up the phone and call felony drug court. Have you read I'm I'm going to read this to you.

[00:09:29]You've been an obscunder for almost three years as an amended condition of probation due to a motion to revoke. Mr. Zapeda was placed in the felony drug court program on January 1st. Um, I'm sorry. On January uh 24th, 2019, that was me who did it.

[00:09:50]It says, "Mr. Zapa struggled to anchor in without patient treatment and admitted a drug relapse." And I can tell you when I placed you there in 2019, I had to call them and say, "Please accept him. I know y'all are booked and don't have room for him, but he's on the edge.

[00:10:06]Can you please accept him?" And they did. And then it says, "As a graduated sanctioned, uh, they placed you in the Bear County ISF program on October 30th, 2019, and you completed it on March 3rd, 2020. You returned to the felony drug program, and by the end of April 2020, you were testing positive for opiates and marijuana." Mr. Mr. Seda steadily declined into further drug use and non-compliance with the felony drug court program rules in outpatient treatment. Mr. Sapeda fell off the grid and stopped reporting for the months of May and June of 2020.

[00:10:45]Mr. Saba contacted his felony drug court case manager in July 2020 and requested help to regain sobriety.

[00:10:54]She arranged for you. They didn't say, "Oh, we're going to revoke you. We're going to send you back to the 187." She said, "We're going to get you into detox." So, they sent you to Center for Healthcare Services and then they said, "After that, after deco detox, you're going to go into lifetime residential treatment."

[00:11:11]And you enter detox on January 7th, 2020. You stayed there for two days.

[00:11:17]They say a couple of days. In my mind, that means two. And you left.

[00:11:24]a judge's warrant was issued for you on July 13th, which tells me when you left on July 7th, they still give gave you chances to get back in line. And then it says you stopped communicating with all felony drug court team members and you remained a fugitive. And what I can tell you in felony drug court, there are attorneys there who always say, "Let's try to get them back in compliance.

[00:11:49]Let's try to find them." They have officers who are trying to get you back in compliance. Case workers, the counselors, everybody's probably on your phone calling you, calling your family and you just left.

[00:12:02]I can't do anything for you. You're going to have to get the treatment on your own. Uh, I'm going to find you guilty. The only issue is how much time.

[00:12:12]The state is asking for five. Defense, what are you requesting?

[00:12:17]>> Three would be fair.

[00:12:18]>> Okay.

[00:12:22]All right. This is what the court is going to do.

[00:12:25]Uh the court is going to find you guilty.

[00:12:30]The court is going to sentence you to three years in the prison.

[00:12:39]Give you credit for any time served. I'm going to ask for the therapeutic community. Therapeutic community does not increase your time in custody. But you if you're serious about getting clean and sober, you need to request that. I can't order it. Uh there's a $500 fine time and money to run concurrent.

[00:13:00]There's an affirmative finding of family violence. There's to be no contact with Carla Chavez.

[00:13:11]>> Yes, ma'am.

[00:13:14]>> All right. and state. Will you let Miss Chavez know that he's been revoked and he's going to prison?

[00:13:18]>> Yes, ma'am.

[00:13:20]>> To show you what's entitled trial court.

[00:13:22]You probably want to go around.

[00:13:24]>> Okay. To show you what's entitled trial court certification of defendants rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:13:32]>> Yes, ma'am.

[00:13:33]>> All right. This is not a free bargain agreement. You have a limited right to appeal. That right to appeal is as it relates to the allegations in the motion, not the fact that you are on deferred adjudication. Do you understand?

[00:13:44]>> Yes, ma'am.

[00:13:45]>> All right. Because this is a felony uh conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you need to speak to an attorney. Do you understand?

[00:13:56]>> Yes, ma'am.

[00:13:56]>> And also, because this is an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. Do you understand?

[00:14:02]>> Yes, ma'am.

[00:14:03]>> All right. We can go off the record. If you have a child, you need to do better.

[00:14:07]You have family here who's supporting you, you need to do better.

[00:14:10]>> Yes, ma'am. you need to pick up the phone because I know uh felony drug court gave you the tools you need in order to stay clean and sober. It's just a matter of you using them. All right.

[00:14:22]>> Yes, ma'am.

[00:14:22]>> All right. Good luck to you. 2023 CR2675, State of Texas versus Adam Henland. Can I have parties announced for the record for the state?

[00:14:32]>> Thanks. The state of Texas >> defense.

[00:14:34]>> Angela Blake.

[00:14:35]>> Are you Mr. Hanland? Council, have you received all the discovery and did you review it with your client?

[00:14:40]>> Yes, sir.

[00:14:41]>> Court will find that the state is in compliance with discovery. Mr. Hanlin, I'm showing you what's entitled True Bill of Indictment. Did you review that with your attorney? Did you understand it?

[00:14:49]>> Yes, sir.

[00:14:50]>> Council, do you weigh the reading of the indictment?

[00:14:52]>> Yes, sir.

[00:14:53]>> State, are you proceeding on the indictment as presented?

[00:14:56]>> Are the statements moves to proceed on the lesser included assault uh bodily injury family uh class?

[00:15:03]>> Any objection?

[00:15:15]All right, we're off the record. So, the complainant in this case, is this complainant his wife or is this the daughter? Who is this complainant in relation to?

[00:15:39]>> All right.

[00:15:41]So what I can tell you all this is not a plea agreement I'm not going to accept.

[00:15:47]Does the is the complainant aware of this plea agreement?

[00:15:50]>> Is uncooperative. So we have not communicated it to her since she told us she would not cooperate.

[00:15:57]>> All right. So is this 111 days supposed to be a judgment satisfied?

[00:16:01]>> Yes.

[00:16:02]>> All right. So I'm not inclined to give him 111 days judgment satisfied on assaulting.

[00:16:08]There are circumstances that um he does have a a partial defense to the case, honor, but he is not pursuing it. Um there was the the complaining witness did use a hammer on him during this incident.

[00:16:25]>> And so he had injuries as well.

[00:16:28]>> All right. I I'll agree to 160 days based upon what you're telling me. I think that's more appropriate than 111 days. So if y'all want to do that, you can. If not, then it'll be set for trial, but I'm not going to give him a judgment satisfied.

[00:16:46]>> Do y'all want to >> I mean, uh, Mr. Martinez, we're going to take your matter up right up after this.

[00:17:07]>> Yes, sir.

[00:17:20]>> Thank you.

[00:17:23]>> All right. I'm showing you what's entitled court admonishments and defendants waiverss and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? And did you sign it in all the appropriate places?

[00:17:34]>> Yes.

[00:17:35]>> Did you understand the state is proceeding on the lesser included offense of assault bodily injury married cohabitation? That's a class A misdemeanor. The range of punishment is anywhere from a $4,000 fine and up to one year in the Bear County Jail. Did you understand?

[00:17:50]>> Yes.

[00:17:51]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court doesn't follow your plea and gives you more than you bargain for, the fact that you enter the plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? Did you understand you have a right to jury trial, a right for you or your attorney to confront any witnesses the state would call in the right to remain silent?

[00:18:15]Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:18:21]And did you intend to give up those rights and enter into a plea in this case?

[00:18:26]>> Yes, ma'am.

[00:18:27]>> Council, has your client been able to provide you with any defenses?

[00:18:30]>> Yes, sir.

[00:18:31]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:18:37]>> Yes, sir.

[00:18:37]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:18:40]>> Yes, sir.

[00:18:41]>> Mr. Hanland, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? Has anyone promised you anything other than the plea? Are you satisfied with the way you've been represented?

[00:18:51]>> Yes, sir.

[00:18:52]>> Are you a US citizen?

[00:18:53]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Showing you the plea bargain page. Did you review that with your attorney? Did you understand it? According to the plea bargain agreement, the state is proceeding on the last included offense of assault, bodily injury, marriage, cohabitation.

[00:19:09]They're asking that your punishment be assessed at 160 days in the Bear County Jail. There's a $500 fine. There's an affirmative finding of family violence.

[00:19:17]Did you understand with an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition? Yes, sir.

[00:19:23]>> Did you understand with an affirmative finding of family violence, you're not allowed to be designated as primary custodial parent?

[00:19:29]>> Did you understand that to be the plea?

[00:19:32]>> Defense?

[00:19:32]>> Yes, sir.

[00:19:33]>> State?

[00:19:34]>> Yes, sir.

[00:19:34]>> Showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places? Yes, sir.

[00:19:42]>> Did you understand by signing that you're waving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:19:52]>> Council, have there been any such motions?

[00:19:54]>> Then to the uh lesser included offense, how do you plead? Guilty, not guilty, or no contest?

[00:20:01]>> State any evidence?

[00:20:03]>> State exhibit one and it attachments.

[00:20:05]>> Any objection?

[00:20:06]>> Objection.

[00:20:07]>> All right. State, you may be excused to continue to confirm. Showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney?

[00:20:16]Did you understand it? Did you sign it in all the appropriate places? Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent?

[00:20:29]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand? Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments. The court has reviewed the same. The court uh will find the defendant guilty. Are you proceeding with sentencing?

[00:20:53]>> Yes, sir.

[00:20:54]>> Anything you wish to say on behalf of your client?

[00:20:56]>> As the court follower.

[00:21:03]>> All right. Are you the father of the unborn child?

[00:21:09]>> We don't know yet.

[00:21:10]Oh, well that relationship is not going well if you don't know. All right, so this is what the court is going to do.

[00:21:16]The court is going to sentence you to 160 days in the Bear County Jail. Give you credit for any time served. There's a $500 fine, time and money to run concurrent. There's an affirmative finding of family violence. There's be no contact with dignia narvvice neomero uh outside of court proceedings.

[00:21:42]So if you're going to court to prove fraternity or some other reason for going to court, then yes. But otherwise, your relationship is over. Do you understand?

[00:21:52]>> Yes, ma'am.

[00:21:52]>> Showing you what's entitled trial court certification of defendants rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:22:00]>> Yes, ma'am.

[00:22:01]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand? Because there's an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:22:19]>> All right, we can go off the record.

[00:22:21]You're going to have to make better decisions.

[00:22:24]>> Right. And if you cannot um drink responsibly and it causes you to have criminal cases, you should not be drinking.

[00:22:33]>> And there's nothing missing by drinking.

[00:22:35]You know what is a great drink?

[00:22:39]Uh, Sprite. And if you add uh a touch of lime to it, it's so refreshing.

[00:22:44]Coca-Cola. Add some lemon to it. So refreshing.

[00:22:49]That's what I do. And uh Cathy's has a great drink that I've tried to duplicate and I can't. It's cranberry juice with lemonade in it. And the lemonade surrounds the cranberry, but it tastes so great. So there are other things, other drinks to enjoy other than alcohol. I understand that.

[00:23:07]>> All right. Sweet tea. Sometimes people put too much sugar in it, but oh well.

[00:23:11]Good luck to you. Okay.

[00:23:12]>> So, have you received all the discovery and did you review it with your client?

[00:23:15]>> I did.

[00:23:16]>> Court will find that the state is in compliance with discovery. Miss Aguilar, I'm showing you what's entitled application for pro for probation. Did you review that with your attorney? Did you understand it?

[00:23:26]>> Yes.

[00:23:28]>> Showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:23:33]>> Yes.

[00:23:33]>> Council, do you wave the reading of the indictment?

[00:23:36]>> I do.

[00:23:36]>> State, are you proceeding on the indictment as presented?

[00:23:39]>> Uh, judge, we're waving paragraph A and proceeding on paragraph.

[00:23:42]>> Any objection?

[00:23:43]>> None.

[00:23:48]>> Miss Agular, I'm showing you what's entitled court admonishments and defendants waiverss and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:23:59]>> Yes, I did. Did you understand you're charged with the offense of burglary of a habitation with intent to commit assault? That is a secondderee felony.

[00:24:08]Range of punishment is anywhere from 2 to 20 years in prison and up to $10,000 fine.

[00:24:13]>> Yes.

[00:24:14]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:24:28]>> Yes, ma'am. Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent?

[00:24:38]>> Yes, ma'am.

[00:24:39]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:24:44]>> Did you intend to give up those rights and enter into a plea in this case?

[00:24:48]>> Yes.

[00:24:48]>> Council, has your client been able to provide you with any defenses?

[00:24:52]>> Yes.

[00:24:52]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:24:57]>> I do. Do you believe she's currently competent and was legally saying at the time of the offense?

[00:25:02]>> Yes.

[00:25:03]>> Miss Aguular, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:25:08]>> No, ma'am.

[00:25:09]>> Has anyone promised you anything other than the plea?

[00:25:12]>> No.

[00:25:12]>> Are you satisfied with the way you've been represented?

[00:25:15]>> Yes.

[00:25:16]>> Are you a US citizen?

[00:25:17]>> Yes, sir.

[00:25:18]>> Court will find that defendant has knowingly and voluntarily wave her right to jury trial. Showing you the plea bargaining page. Did you review that with your attorney? Did you understand it? Yes.

[00:25:27]>> According to plea, punishment is be assessed at 5 years in prison. There's a $500 fine. There's no application for deferred adjudication. The state recommends community supervision. They will take in consideration 2023 CR3225.

[00:25:43]There's restitution to be payable to Angel Garza in days in at 9401 IH35 North San Antonio, Texas 78233.

[00:25:57]Did you understand that to be the plea?

[00:25:59]>> Yes, sir.

[00:26:00]>> Defense?

[00:26:00]>> Yes, your honor.

[00:26:01]>> State?

[00:26:01]>> Yes, your honor.

[00:26:02]>> Showing you the paragraph entitled wave of appeal paragraph. Did you review that with your attorney? Did you understand it?

[00:26:07]>> Yes, ma'am.

[00:26:08]>> Did you understand by signing that you're waving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:26:17]>> Yes, sir.

[00:26:18]>> Council, there such motions.

[00:26:20]>> Next, I'm showing you outside the plea bargain agreement. State is requesting a tap evaluation. No contact with Angel Garza and days in at 9401H35 North. Did you understand those were recommendations from the state and the court does not have to follow those recommendations?

[00:26:37]>> Yes, ma'am.

[00:26:37]>> Then to the offenses charged, how do you plead? Guilty, not guilty or no contest.

[00:26:41]>> Guilty.

[00:26:43]>> State any evidence?

[00:26:44]>> All proceeds to one and all attachments.

[00:26:47]>> Any objection?

[00:26:50]>> Uh, state, you may be excused.

[00:27:06]>> Thank you.

[00:27:06]>> You're welcome. showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney?

[00:27:14]Did you understand it? Did you sign it and all the appropriate places?

[00:27:18]>> Yes, ma'am.

[00:27:19]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:27:30]>> Yes.

[00:27:32]Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports but most importantly there will be no live testimony. Did you understand?

[00:27:41]>> Yes ma'am.

[00:27:41]>> Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments or review the same. All right. After reviewing states exhibits one and attachments the court will find there is sufficient evidence to find you guilty and the court will find you guilty. Are we proceeding with sentencing? Yes, your honor.

[00:28:01]>> Anything you wish to say on behalf of your client?

[00:28:04]>> Okay. Acceptance of responsibility, your honor. This is the first setting. She responsibility. She's been in jail for 5 months ago court appearance. Uh, I guess what I can tell is in a nutshell is that this incident is a result of jealousy that involved her companion who she thought was with a male that happened to be in the motel room where the incident had occurred. He understands uh what she did. Um, he's already going to move on and ask the court to follow the pre- a.

[00:28:37]>> All right. Do you have any children?

[00:28:38]>> Yes, ma'am.

[00:28:39]>> What are their ages?

[00:28:41]>> 10 and three. And where are they?

[00:28:44]>> One is one I put up for adoption actually and my my 10-year-olds are my wife.

[00:28:54]>> So even though your counsel is telling me this is out of jealousy, I don't understand how this translates to throwing a potted plant through a window at a hotel.

[00:29:03]>> I reacted out of anger. I didn't >> Do you have any drug issues?

[00:29:11]Um, I do drink. I have drinking problems.

[00:29:16]>> All right. Is that all? You have an alcohol problem? What else?

[00:29:19]>> Just alcohol.

[00:29:22]>> Then why did your was child protective services involved with uh your children?

[00:29:27]>> Uh, well, my first one, yes, but I was on heroin back then. I had been off of it for nine years.

[00:29:34]>> Okay.

[00:29:36]And who is this person that you're going to with the hotel with?

[00:29:42]>> I was living in a hotel.

[00:29:44]>> Okay. Why are you living in a hotel?

[00:29:46]>> I was selling drugs.

[00:29:47]>> I'm sorry.

[00:29:48]>> I was selling drugs.

[00:29:49]>> Okay. Well, I don't think your attorney wanted you to say that, but Okay.

[00:29:53]>> I told her to be honest with you, judge.

[00:29:55]I know you appreciate honesty.

[00:29:57]>> I do. All right. This is what we're going to do. The court is going to sentence you to 5 years uh in the prison. I'm going to suspend it and probate it for 6 years. There's a $500 fine that will be probated.

[00:30:13]We're going to do a tap evaluation in custody and whatever the tap evaluation recommends, that's what it's going to be.

[00:30:24]Uh if the uh TAP evaluation recommends that there be no treatment, I'm going to want at least supportive outpatient treatment.

[00:30:34]Take in consideration 2023 CR 3225.

[00:30:40]There's to be no unsupervised contact with minors, restitution and no contact with Angel Garza and days in and that's just not the days in on 9401.

[00:31:04]That's all days in. So you're going to have to find another hotel. You understand?

[00:31:10]There is to be uh regular reporting by Zoom or in person the UA hotline until further notice and that's going to be with weekly testing.

[00:31:24]How far did you go in school?

[00:31:27]>> I did eight eight months and I have four months left.

[00:31:31]>> No school like did you graduate?

[00:31:33]>> I'm a GED.

[00:31:34]>> All right. What are you planning on doing with the rest of your life? I was going to school for flimbotomy.

[00:31:40]>> For what?

[00:31:41]>> Flimbotomy.

[00:31:42]>> All right. So they're Yeah. So they're letting you take blood at the hospital and you're have a drug issue.

[00:31:51]>> Um >> Well, I will tell you anything that requires a license.

[00:31:57]They're going to check to see if you have a record. So, uh, I don't mean to crush anybody's hopes and dreams, but don't just be spending money and not realizing that there are certain professions that you're not going to be allowed to do.

[00:32:10]>> Proof of employment within 30 days.

[00:32:12]There should be no employment as a home health care provider or with minors.

[00:32:21]Fill visits.

[00:32:23]What is that?

[00:32:25]One time per month until further notice.

[00:32:29]Uh, probation. Is there anything else she needs? Uh, oh, I'm sorry. I forgot the um community service hours.

[00:32:37]180 hours of community service restitution.

[00:32:41]I'm going to ask for parenting classes with raindrops and rainbows. Once she completes that, uh, then the community service hours will be deemed to be satisfied. Is there anything else you need from the court to be successful?

[00:33:00]>> No, ma'am.

[00:33:01]>> All right. I'm showing you what's entitled trial court certification of defendants rights to appeal. Did you review that document with your attorney?

[00:33:08]Did you understand it? Did you sign it in all the appropriate places?

[00:33:12]>> Yes, ma'am.

[00:33:12]>> All right. Because this is a plea bargaining agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:33:21]>> Yes, sir. And because this is a felony conviction, 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'll need to speak to an attorney. Do you understand? Yes.

[00:33:32]>> All right. We can go off the record. To be successful on probation in this court requires communication. If there's an issue, talk to your probation officer.

[00:33:39]If you feel they're not addressing it, you can come back to the court. You understand?

[00:33:43]>> Yes.

[00:33:43]>> You're going to have to start changing your life instead of just thinking somebody else is going to take care of your children. They're taking care of your children because you have fallen down on the job. You're going to have to do better. You understand?

[00:33:53]>> Yes.

[00:33:54]>> All right. Good luck to you. Thank you.

[00:33:56]>> I'm sure she'd like to know. I'll ask her on behalf how quick to turn around and get for the cap evaluation.

[00:34:01]>> Uh, probation will be able to tell you that. Thank you. 2023 CR 3223, State of Texas versus Renee Ortiz. Can I parties announce for the record for the state?

[00:34:14]>> Defense of hardwoods for Mr. Ortiz.

[00:34:17]>> Are you Mr. Ortiz.

[00:34:18]>> Yes, your honor.

[00:34:21]>> All right. Council, you received all the discovery. Did you review it with your client?

[00:34:25]>> Yes, your honor.

[00:34:26]>> Court will find that the state is in compliance with discovery. Mr. Ortiz, I'm showing you what's entitled application for deferred adjudication or community supervision. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:34:37]>> Yes, your honor.

[00:34:38]>> Showing you what's entitled True Bill of Indictment. Did you review that with your attorney? Did you understand it?

[00:34:43]>> Yes, your honor.

[00:34:43]>> Council, do you weigh the reading of the indictment?

[00:34:45]>> Do your honor. state. Are you proceeding on the indictment as presented?

[00:34:48]>> We are honor.

[00:34:49]>> Mr. Ortiz, I'm showing you what's entitled Court Admonishments, the defendants's waiverss and affidavit of admonitions. Did you review that with your attorney? Did you understand it?

[00:34:58]Did you sign it in all the appropriate places?

[00:35:00]>> Yes, your honor.

[00:35:01]>> Did you understand uh you're charged with the offense of harassment of a public servant? That's a thirdderee felony. The range of punishment is anywhere from 2 to 10 years in prison and up to a $10,000 fine.

[00:35:13]>> Yes, you are. If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea.

[00:35:27]Did you understand?

[00:35:28]>> Yes, your honor.

[00:35:28]>> Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call and the right to remain silent?

[00:35:36]>> Yes, your honor.

[00:35:37]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:35:42]>> Yes, your honor. And did you intend to give up those rights and enter into a plea in this case?

[00:35:47]>> Yes, sir.

[00:35:48]>> Did you understand that the court would grant your application for deferred adjudication? If for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 10 years in prison and up to $10,000 fine. Did you understand?

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

[00:36:01]>> Council, has your client been able to provide you with any defenses?

[00:36:05]>> Yes, your honor.

[00:36:05]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:36:10]>> He does, your honor. Do you believe he's currently competent and was legally sane at the time of the offense?

[00:36:14]>> I do.

[00:36:16]>> Uh, Mr. Ortiz, has anyone threatened you, coerced you, or place you in fear to get you to enter this plea?

[00:36:20]>> No, your honor.

[00:36:21]>> Has anyone promised you anything other than the plea?

[00:36:23]>> No, your honor.

[00:36:24]>> Are you satisfied with the way you've been represented?

[00:36:26]>> Yes, your honor.

[00:36:26]>> Are you a US citizen?

[00:36:28]>> Yes, your honor.

[00:36:28]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Showing you the plea bargain page. Did you review that with your attorney? Did you understand it?

[00:36:36]>> Yes, your honor.

[00:36:36]>> According to the plea, there's a $1,500 fine. State recommends deferred adjudication. They will take in consideration the following cause numbers and there's to be restitution in the if any in the following cause numbers 706373688 366 688 367 688 368. Did you understand that to be the plea?

[00:37:03]>> Yes, your honor.

[00:37:03]>> Defense.

[00:37:04]>> Yes, >> state. It is your honor.

[00:37:06]>> Showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:37:12]>> Yes, sir.

[00:37:13]>> Did you understand by signing that you're waving your right to appeal, the only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:37:22]>> Yes, sir.

[00:37:22]>> Council, are there any such motions?

[00:37:24]>> No, honor.

[00:37:24]>> Next, I'm showing you outside the plea bargain agreement. There's to be community supervision. The state is recommending five years tap evaluation 100 hours of community service restitution no contact with Taco Cabana HB bank of America water burger >> yes your honor >> I'm from the south Louisiana I know it's waterburger but I say waterburger so you're not to have any contact with those places did you understand >> yes >> then to the offenses charge how do you plead guilty not guilty or no contest >> state any evidence >> yes you understood exhibit number one was offic >> any objections No objections, your honor.

[00:38:00]>> All right. State, you may be excused.

[00:38:03]Showing you was entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:38:12]>> Yes, your honor.

[00:38:13]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call, and the right to remain silent?

[00:38:22]>> Yes, your honor. Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports but most importantly there will be no live testimony. Did you understand? Yes.

[00:38:33]>> Court will find that the defendant has knowly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments. Court has reviewed the same. Court will find there's sufficient evidence to find you guilty. The court will defer finding of guilt as you apply for deferred adjudication. Are you proceeding with tendency? I would wave the PS.

[00:38:54]>> Anything you wish to say on behalf of your client?

[00:38:56]>> I'd ask the court to follow the agreement. I I would however with regard to the fine ask the court to consider probating the fine. Uh Mr. Ortiz does receive about a thousand a month SSI and I ask the court to consider uh since he needs to make restitution in those uh misdemeanor cases that he could focus on doing the restitution as opposed to a a fine gi given his financial situation.

[00:39:25]Also, uh I think it would probably be appropriate for probation to maybe consider, although I believe he's, you know, competent that he does have some mental health issues that perhaps he should be, you know, assessed for maybe a mental health case load for his probation.

[00:39:44]>> All right. Why are you receiving SSI?

[00:39:46]>> Uh on the case.

[00:39:50]>> All right. But you should know not to spit on people. Nobody wants to be spit on.

[00:39:54]>> That's true.

[00:39:55]So, were you taking medications or no?

[00:39:57]>> No, I wasn't on medication at the time.

[00:39:59]>> What are you on medications now?

[00:40:01]>> Yes, I am.

[00:40:04]>> So, if you're released, where will you be living?

[00:40:07]>> I would first be living probably be in an apartment somewhere down on Fresburg.

[00:40:12]>> What do you mean you'll probably be living there? Is somebody else living there? They're allowing you to stay with them?

[00:40:16]>> A friend of mine will let me stay there.

[00:40:17]Yes. Just part time.

[00:40:21]>> Does this friend know that they're going to be letting you live with them part time? I'm going to get my own place.

[00:40:25]>> Yeah, but do they know?

[00:40:27]>> No, ma'am.

[00:40:28]>> Okay.

[00:40:30]All right. $1,500 fine probated taking consideration in restitution in 706373 688366 688367 688368 5 years deferred adjudication no contact with Waterburger Bank of America HB Taco Cabana 100 hours of community service restitution how old are you >> 50 >> do you have any children?

[00:41:00]>> No.

[00:41:01]>> Okay. Well, that that may be for the best until you get your life together.

[00:41:04]>> Sure.

[00:41:05]>> There's to be regular reporting by Zoom or in person. Mick evaluation.

[00:41:14]I'm going to want field visits one time per month. Probation. That'll be until um the Mick evaluation is completed.

[00:41:28]proof of employment or SSI within 30 days of release.

[00:41:39]There's be no employment as a home health care provider or with minors.

[00:41:45]He can do the MC evaluation out of custody. If you miss that appointment, you're going right back into custody. Do you understand?

[00:41:50]>> Yes, your honor. I I won't miss >> All right. Probation. Uh is there anything else he needs?

[00:41:56]Your honor, if you want um regular dua >> Yes.

[00:42:03]>> All right. Anything else you need from the court to be successful?

[00:42:06]>> No, your honor. Thank you so much, y'all.

[00:42:07]>> You're welcome. I'm showing you what's entitled trial court certification of defendants's rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:42:16]>> Yes, your honor.

[00:42:16]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:42:24]>> Yes, your honor.

[00:42:25]>> All right. Good luck to you to be we're off the record to be successful on probation in this court. Communication is key. If there is an issue, talk to your um probation officer. If for any reason you feel like there issues are not being addressed, you can come back to court and we'll see what's going on.

[00:42:42]>> Okay, your honor.

[00:42:43]>> All right. Thank you.

[00:42:44]>> The defendant pleaded guilty to burglary with intent to commit assault after throwing a potted plant through a hotel window during a violent confrontation.

[00:42:52]But as Judge Boyd dug deeper into her background, the courtroom uncovered a history of heroin addiction, alcohol abuse, CPS involvement, and >> uh 2023 CR4712, State of Texas versus Nancy Zavala. Can I have parties announced for the record for the state?

[00:43:11]>> Defense for the defense.

[00:43:14]>> And are you Miss Zavala?

[00:43:16]Thank you so much for addressing appropriately for court. I appreciate that.

[00:43:21]All right, council. Have you received all the discovery? Did you review it with your client?

[00:43:25]>> I believe so. You are.

[00:43:26]>> Court will find that state is in compliance with discovery. Mrs. Zavalam, I'm showing you what's entitled True Bill of Indictment. Did you review that with your attorney? Did you understand it? Yes, sir.

[00:43:35]>> Council, do you weigh the reading of the indictment?

[00:43:37]>> Yes.

[00:43:37]>> State, are you proceeding on the indictment as presented?

[00:43:40]>> We are. Your >> showing you what's entitled court admonishments. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:43:48]>> Yes, sir. Did you understand you're charged with the offense of theft under $2,500 enhance? That is a state jail felony. The range of punishment is anywhere from 180 days up to two years in the state jail facility and up to a $10,000 fine. If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement. If for any reason the court doesn't follow your plea bargain agreement and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:44:16]>> Yes, sir.

[00:44:16]>> Did you understand? You have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent? Yes, sir.

[00:44:24]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:44:28]>> Yes, sir.

[00:44:29]>> And did you intend to give up those rights and enter into a plea in this case?

[00:44:33]>> Council, has your client been able to provide you with any defenses?

[00:44:36]>> Yes, she has.

[00:44:37]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:44:41]>> I believe so.

[00:44:42]>> Do you believe she's currently competent and was legally saying at the time of the offense? I believe so. Judge.

[00:44:47]>> Okay. Uh, Miss Zavala, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:44:53]>> No, >> has anyone promised you anything other than the plea?

[00:44:56]>> No, >> are you satisfied with the way you've been represented?

[00:44:59]>> Yes, ma'am.

[00:45:00]>> Are you a US citizen?

[00:45:01]>> Yes, ma'am.

[00:45:02]>> Court will find that defendant has no voluntarily weighed her right to jury trial, showing you the plea bargain page. Did you review that with your attorney? Did you understand it?

[00:45:10]>> Yes, sir. According to the plea, punishment is to be assessed at 90 days in the Bear County Jail under 1244. The state will take in consideration nightm 691192 and 709885.

[00:45:26]Did you understand that to be the plea?

[00:45:28]>> Yes, your honor.

[00:45:28]>> Defense, is that the plea?

[00:45:29]>> That is the plea.

[00:45:30]>> State, is that the plea?

[00:45:31]>> It is your >> showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:45:39]>> Yes, sir. Did you understand by signing that you're waving your right to appeal the only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:45:49]>> Yes, sir.

[00:45:49]>> Council, have there been any such motions?

[00:45:52]>> Again, your honor, >> have there been any such motions? No, >> there.

[00:45:55]>> Then to the offense as charged, how do you plead? Guilty, not guilty, or no contest.

[00:45:59]>> Okay, >> state any evidence to support the plea.

[00:46:02]>> Yes, your honor. City exhibit number one with office.

[00:46:05]>> No objection. showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:46:15]>> Yes, ma'am.

[00:46:16]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:46:25]>> Yes, ma'am.

[00:46:26]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:46:35]>> Yes, ma'am. Court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept any evidence states exhibits one and attachments and review the same.

[00:46:46]Reviewing states exhibits one and attachments. The court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing council?

[00:46:57]>> Uh not at this time, your honor. We request from the court that Miss Zada be allowed uh some time uh to get her affairs in order before she presents herself uh for custody.

[00:47:10]>> All right. So, Mrs. Miss Zabala, the person who's listening here is the person you were in the store with. Is that the gentleman that's with you or someone else?

[00:47:19]>> No.

[00:47:20]>> All right. So, why why are you committing these thefts? What's your problem?

[00:47:25]What's going on in your life?

[00:47:28]Is it a drug issue? Is it a >> I just I just I'm here accept my responsibility.

[00:47:37]>> No, no, no.

[00:47:39]>> See, here's the problem.

[00:47:41]>> I know you're here to accept your responsibility, but you're going to get to the point if you continue on this vein, because these are state jail felonies. you're going to get to the point where you're going to end up with maybe a state jail felony as a habitual, which you you're you'd be looking at hefty prison time. There comes a point in time where these theft cases, even though they're state jail felonies, they can be enhanced in Texas.

[00:48:10]So, I'm trying to figure out one, what are your issues? Why do you keep committing these thefts? If it's some kind of behavior that maybe can be changed, fine. If it's a drug issue, fine. If it's a mental health issue, fine. Maybe we can do something with it.

[00:48:25]But this whole thing where you're coming in, I just want to accept my time and be done with it. At some point, your time is going to be real time. So, I'm trying to figure out, and I know all time is real time, but I'm trying to figure out what your problem is.

[00:48:39]>> Well, your honor, if I may.

[00:48:40]>> Yes. Um she has had her issues in the past. Um I have spoken to her at length.

[00:48:49]>> What are these issues?

[00:48:50]>> Um that she didn't want um she has impulse control problems. Um and uh the part of her problem is going into a store and wanting food or what have you.

[00:49:09]uh and not having the wherewithal uh to go out and earn the money and get the food and uh consume that item. uh she has had impulse control problems, but I have talked to her at length and I believe that she understands the gravity of the situation and in addition as the court has informed her that uh she may end up facing significant time uh behind bars uh if she continues down this vein. She has told me that she has realized the error of her ways and that she has actually in her mind reformed.

[00:49:55]>> All right. So, has she reformed in the past? And then because I think I could be wrong and if I'm wrong, you can correct me. Sometimes people realize their issues the third, the fourth, the fifth, the sixth time. I understand that. But you have prior convictions for this.

[00:50:16]uh state, did the defense confer with you about having this called back for sentencing? They >> they they asked I I said I defer to the court whether be allowed back. I did mention to defense council that we would be asking that the full range of punishment would be on the table not show for >> all right. Yeah, that was in that was informed and I was aware of that that if the court does grant this that the court has in the past.

[00:50:45]>> All right, Mrs. Zabala, is there a reason why you can't go into custody today?

[00:50:50]>> Well, getting my get my stuff like arranged like my boyfriend the rent let them know that I'm not be paying the rent no more like at the moment. just and then with my kids my my son with my son I just had a grand baby and I just want to meet her I haven't met her and I I want to meet her and that's just the truth.

[00:51:21]>> So how old is this grandchild?

[00:51:22]>> She was born February 13th.

[00:51:25]>> Why haven't you met her?

[00:51:27]>> They they were out of town.

[00:51:29]They were out of town so they barely came back. What was it? last week. Over the last week.

[00:51:34]>> Yeah.

[00:51:35]>> So, your grandchild has been out of town for 5 months.

[00:51:39]>> Yes.

[00:51:40]>> But they've been busy. They've been going back and forth to Mexico with >> And so they with his wife, my son's wife. He's from over there. So, they've been going back and forth, back and forth. And so we said that I can meet her this Sunday coming up at church at the First United of Pentecostal Church on Columbia Street.

[00:52:03]>> All right. We're coming back on July 17th.

[00:52:08]>> Oh yes, your honor.

[00:52:09]>> Mr. Ferguson, can you give them a reset form for July 17th?

[00:52:16]And uh you understand a part of your plea bargain agreement if you do not present yourself on July 17th then you're subject to the full range of punishment. Do you understand?

[00:52:26]>> Yes, sir.

[00:52:27]>> And that full range of punishment is up to two years in the state jail facility.

[00:52:30]Do you understand?

[00:52:31]>> Yes, sir.

[00:52:32]>> All right. We'll see you back on the 17th. You're welcome. 2022 CR8252, State of Texas versus Evette Monnique Garcia. Could I have parties announced for the record for the state >> tomorrow >> defense?

[00:52:48]>> Are you Miss uh Ivet Garcia?

[00:52:50]>> Yes, your honor.

[00:52:51]>> Council, have you received all the discovery? Did you review it with your client?

[00:52:55]>> Yes, your honor.

[00:52:55]>> Court will find that the state is in compliance with discovery. Miss Garcia, I'm showing you what's entitled application for deferred adjudication or community supervision. Did you review that with your attorney? Did you understand it?

[00:53:06]>> Yes, your honor.

[00:53:07]>> And did you sign it?

[00:53:08]>> Yes, your honor. Next, I'm showing you what's entitled True Bill of Indictment.

[00:53:12]Did you review that with your attorney?

[00:53:13]Did you understand it?

[00:53:15]>> Yes, your honor.

[00:53:15]>> Council, do you wave the reading of the indictment?

[00:53:18]>> Yes, your honor.

[00:53:19]>> State, are you proceeding as presented?

[00:53:21]>> We are, your honor.

[00:53:22]>> Miss Garcia, I'm showing you what's entitled court admonishments. Did you review that document with your attorney?

[00:53:27]Did you understand it? Did you sign it in all the appropriate places?

[00:53:31]>> Did you understand you're charged with the offense of theft under $2,500 in hence? That's a state jail felony. The range of punishment is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. Did you understand?

[00:53:45]>> Yes, ma'am.

[00:53:46]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:53:59]>> Yes, your honor.

[00:54:00]>> Did you understand? You have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent.

[00:54:08]>> Yes, your honor.

[00:54:09]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:54:13]>> Yes, your honor.

[00:54:14]>> And did you intend to give up those rights and enter into a plea bargain agreement in this case?

[00:54:18]>> Yes, ma'am.

[00:54:19]>> Did you understand that the court would grant your application for deferred adjudication if for any reason your deferred adjudication were revoked? The court could find you guilty of sentence you up to two years in a state jail facility and up to a $10,000 fine.

[00:54:30]>> Yes, your honor.

[00:54:31]>> Council, has your client been able to provide you with any defenses?

[00:54:34]>> Yes, your honor.

[00:54:35]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:54:39]>> Yes, your honor.

[00:54:40]>> Do you believe she's currently competent and was legally sane at the time of the offense?

[00:54:43]>> Yes.

[00:54:44]>> Uh, Miss Garcia, has anyone threatened you course? Do you place you in fear to get you to enter this plea?

[00:54:49]>> No, >> has anyone promised you anything other than the plea? No, your honor.

[00:54:53]>> Are you satisfied with the way you've been represented?

[00:54:55]>> Yes, your honor.

[00:54:56]>> Are you a US citizen?

[00:54:57]>> Yes, your honor.

[00:54:58]>> Court will find that defendant has knowingly and voluntarily waved her right to jury trial. I'm showing you the plea bargain page. Did you review that with your attorney? Did you understand it?

[00:55:06]>> Yes, your honor.

[00:55:07]>> According to the plea, there's a $500 fine and the state recommends deferred adjudication. Did you understand that to be the plea?

[00:55:12]>> Yes, your honor.

[00:55:13]>> State?

[00:55:14]>> Yes, your honor.

[00:55:14]>> Defense?

[00:55:16]>> Yes.

[00:55:16]>> Showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:55:24]>> Yes, your honor.

[00:55:24]>> Did you understand by signing that you're waving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:55:33]>> Yes, ma'am.

[00:55:34]>> Council, have there been any such motions?

[00:55:35]>> No, your honor.

[00:55:36]>> Next, I'm showing you outside the plea bargain agreement. State is requesting that your deferred adjudication be for a term of two years. There be a tap evaluation, 120 hours, community service, restitution, cats one and two.

[00:55:48]And who is the no contact with? uh TV.

[00:55:51]>> All right. Any objections to the court writing that requesting?

[00:55:54]>> No.

[00:55:54]>> Okay. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:56:00]>> Yes, your honor.

[00:56:01]>> Then to the offense's charge, how do you plead? Guilty, not guilty or no contest?

[00:56:05]>> State any evidence?

[00:56:06]>> Your honor, state would offer one. We would also add in previous judgments. I don't believe that added Any objection?

[00:56:22]>> No objections.

[00:56:24]>> Sorry about that, Judge.

[00:56:26]>> Standing up here.

[00:56:27]>> Okay, that was in the front.

[00:56:29]>> Yeah.

[00:56:31]>> All right. I'm going to show you what's entitled wavering consent stipulation of testimony and stipulations. Did you review that document with your attorney?

[00:56:38]Did you understand it? Did you sign it in all the appropriate places?

[00:56:42]>> Yes, sir. Uh again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent?

[00:56:51]>> Yes, your honor.

[00:56:52]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:57:00]>> Yes, your honor.

[00:57:01]>> Court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments and review the same.

[00:57:12]>> Judge I was just mentioning in the indictment I believe it's two county courts numbers that started with an eight. I think that the one that the other case that we have proof of it is a felony cause number. So I think that they accidentally went back and used the two county court but then only provided the felony judgment.

[00:57:30]>> Okay. So for viewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty. The court will defer finding you guilty as you've applied for deferred adjudication. Are you proceeding with sentencing?

[00:57:42]>> Yes, your honor.

[00:57:43]>> Anything you wish to say on behalf of your client?

[00:57:46]>> Judge, we're asking the court to follow the recommendation of the ADA. Miss Garcia does have a stable place to live.

[00:57:53]She'll be living at her in-laws and she is willing to comply with any court uh sanctions that the court may impose upon her.

[00:58:02]>> All right. Uh Miss Garcia, >> do you have any children?

[00:58:06]>> Yes.

[00:58:07]>> What are their ages?

[00:58:09]>> One's 25, one's 18, and one's one's 18. I think 19 on the ninth, and I have a 19year-old.

[00:58:17]>> Okay.

[00:58:18]And have you ever been diagnosed with any mental health issues?

[00:58:24]>> Yes, I have. I had emailed that um letter to my attorney.

[00:58:28]>> All right. So, what what have you been diagnosed with?

[00:58:30]>> Um bipolar schizophrenics, um anxiety, PTS, major PTSD, major depression, hallucinations, which I haven't been having lately since I've been on my psych med. and um some big medical term where my bones are deteriorating by themsel.

[00:58:50]>> Okay.

[00:58:54]All right. So, this is what the court will do.

[00:58:58]I think we're waiting for All right. So, on Miss Garcia, there's going to be a $500 fine that will be probated. Three years deferred adjudication. I'm going to want a Mick Mile evaluation.

[00:59:14]First, I'm going want a referral to felony drug court. Before we do that, the felony drug court uh referral will take place while in custody. And Miss Garza, Mr. Brooks is right in the box.

[00:59:26]Uh Will Brooks. Yes, he's right in the box. So, he'll be able to let you know if they can get her on the evaluation docket for felony drug court.

[00:59:36]So, they should be able to do that hopefully this week. But, I just want to make sure that's done. I don't want to send you out into world to the world without some help. Okay. All right.

[00:59:46]There's to be um 120 hours of community service restitution. If she provides medical documentation as to why she won't be able to uh complete that, then the court will consider waving it because I know she says she has the bone condition.

[01:00:02]>> Um >> yes.

[01:00:04]>> How am I supposed to do that if I'm imposted?

[01:00:07]Oh, this is going to I'm just just telling you what I'm expecting of you.

[01:00:11]Okay. And then the probation will know that you're in custody and once you meet with them, they're going to give you certain dates and times to do things.

[01:00:18]Okay?

[01:00:20]>> All right. Uh listen, they're asking for cats one and two. I'm going to give you cats. And the only reason why I'm giving you cats right now is because I know you have mental health issues. I know you have medical issues with your bones. Here's my cats one and two. Do not take what does not belong to you. Yes, sir.

[01:00:42]>> And as a side note, which I don't think cats provide, if somebody invites you somewhere and then ask you to leave, leave.

[01:00:51]If somebody is taking you as a plus one, make sure you're going as a plus one and it's just not you're meeting somebody and they're saying, "Hey, I'm going here. You want to go with me?" You understand?

[01:01:01]>> Yes, Lord.

[01:01:01]>> So, do not steal anymore.

[01:01:04]>> I learned my lesson.

[01:01:06]All right. So, that's my cats one and two program. And I'm only doing that because of your medical issues and your mental health issues. You understand?

[01:01:14]>> Your honor, um, my son and my daughter-in-law are both working. My son works two jobs and they're both on the verge of losing their job if I can't babysit cuz I'm going >> Oh, no. I'm not allowing you to babysit.

[01:01:27]That That's out of the question.

[01:01:28]>> Okay. So, I can let him know.

[01:01:30]>> Yes. No, she's not allowed to babysit.

[01:01:35]And you understand why I'm doing that, right? Yes, sir.

[01:01:37]>> You have the mental health issues plus you have the drug issues.

[01:01:47]>> So, there's proof of employment within 30 days. There's to be no employment as a home health care provider or with minors or proof of SSI within 30 days.

[01:02:03]There's to be no unsupervised contact with minors.

[01:02:10]>> And honestly, between me and you, I don't know why they would allow you to babysit. And the reason why I say that is because I'm reading this and they found a crackpipe, right? I'm reading this and they're saying that there is mental health issues going on. So, you should not be babysitting someone's children. You understand? And how old are these children?

[01:02:31]Um, they're three and two, I think.

[01:02:35]>> Oh, absolutely not. All right. And what's the name of the son?

[01:02:40]>> Xavier.

[01:02:42]>> What?

[01:02:42]>> Xavier.

[01:02:44]>> Xavier. What?

[01:02:45]>> Ramos.

[01:02:46]>> And who's the wife?

[01:02:48]>> Gabby Martinez.

[01:02:52]I'll let them know as soon as possible.

[01:02:55]>> All right. and council now have issues with her staying there because I don't know what these people are doing with a three-year-old and a twoyear-old and allowing her to babysit because they want what's easy for them.

[01:03:05]>> Well, judge >> I mean I know she needs a place to say >> as parents that's their decision as parents if they want her to babysit or if they don't want her to babysit.

[01:03:14]>> I'm not going to allow her to babysit.

[01:03:15]my mom's babysitting and >> I'm not going to allow her to have any unsupervised contact with minors >> because then the next thing what will end up happening we'll be back here some baby may or may not be injured and they may not or may or not be saying it's you and then you know what they're going to say well judge you knew she had mental health issues and you knew she had drug issues and you're okay with her babysitting I understand >> all right there's going to be um regular UAS Phil visits random once a month until further notice.

[01:03:55]>> Uh probation. Is there anything else she needs?

[01:03:58]>> Um no judge. On the MC eval, do you want that done in custody or?

[01:04:05]>> Yes, unless she's accepted to felony drug court.

[01:04:09]>> If she's accepted to felony drug court, then they can do that.

[01:04:17]Is there anything else she needs?

[01:04:20]>> All right, Miss Garcia, is there anything else you need from the court?

[01:04:30]>> Is there anything else you need, >> Judge?

[01:04:33]>> She's asking, she just wants to clarify.

[01:04:35]Are you prohibiting her to live at that location? And that way she can just make arrangements to go straight from the jail to Haven for hope.

[01:04:43]>> Well, company drug court will probably make arrangements for her to live somewhere. But I'm telling you right now, you are not allowed to babysit. And there may cause some problems for you because what I've discovered is people will end up saying, "Well, I'm just running to to the store. Will you stay with the children?"

[01:05:00]>> Right?

[01:05:00]>> And then you'll be like, "Uh, okay." And then probation pops up and they look and you're there by yourself. That's a violation of your probation conditions.

[01:05:08]>> Understand?

[01:05:09]>> So, showing you what's entitled trial court certification of defendants rights to appeal. Did you review that document with your attorney? Did you understand it? And did you sign it?

[01:05:18]>> Yes, your honor.

[01:05:19]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand?

[01:05:27]>> Yes, your honor.

[01:05:28]>> All right. Good luck to you. CR04128 versus Joe Anthony Enriquez Jr. Can I have parties announced?

[01:05:38]>> Yeah. Ron Ross for defense.

[01:05:40]>> And are you Joe Enriquez?

[01:05:42]>> Yes.

[01:05:42]>> Council, have you received all discovery? Did you review it with your client?

[01:05:45]>> I have a judge.

[01:05:46]>> Court will find that the state is in compliance with discovery. Mr. Enriquez, did you review the true bill and indictment with your attorney? Did you understand it?

[01:05:55]>> Yes.

[01:05:55]>> Council, do you wave the reading?

[01:05:57]>> Yes, judge.

[01:05:58]>> State proceeding on the indictment as presented.

[01:06:01]>> Yes, your honor.

[01:06:02]>> Mr. Enriquez, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[01:06:08]>> Yes.

[01:06:08]>> Your charge of possession of a controlled substance penalty group one to four grand. That's a thirdderee felony. Range of punishment is anywhere from 2 to 10 years in the prison and up to a $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Defense, I need you to sign there.

[01:06:38]Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[01:06:47]>> Yes.

[01:06:48]>> By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case?

[01:06:54]>> Yes.

[01:06:55]>> Council, has your client been able to provide you with any defenses?

[01:06:58]>> Yes, he has. Yes.

[01:06:59]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[01:07:04]>> Yes, I do.

[01:07:04]>> Do you believe he's currently confident and was legally sane at the time of the offense?

[01:07:08]>> Yes, I do.

[01:07:10]>> Mr. Enriquez, has anyone threatened you, forced you, or placed you in fear to get you to enter this plea?

[01:07:15]>> No.

[01:07:16]>> Anyone promised you anything other than the plea?

[01:07:19]>> No. Are you satisfied with the way you've been represented?

[01:07:22]>> Yes.

[01:07:22]>> If you're not a US citizen by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand?

[01:07:30]>> Yes.

[01:07:31]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargain page with your attorney?

[01:07:38]Did you understand it?

[01:07:40]>> Yes.

[01:07:40]>> According to the plea, punishment is to be assessed at two years in the prison.

[01:07:44]There's an $800 fine, no applications.

[01:07:48]State will take in consideration 2026 PF10588.

[01:07:53]There's to be restitution in 2026 PF10588 to Haven for hope if any. Did you understand that to be your plea?

[01:08:02]>> Yes.

[01:08:02]>> Defense and state?

[01:08:04]>> It is. Judge, >> did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[01:08:09]>> Yes.

[01:08:10]>> By signing that, you're waving your right to appeal. The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[01:08:19]>> Yes.

[01:08:19]>> Any such motions?

[01:08:20]>> No, your honor.

[01:08:21]>> Then to the offense, how do you plead?

[01:08:22]Guilty, not guilty, or no contest?

[01:08:25]>> Guilty.

[01:08:26]>> State any evidence?

[01:08:27]>> Yes, for states exhibit one and all attachments.

[01:08:30]>> No objections, judge.

[01:08:31]>> All right. State, you may be excused.

[01:08:33]Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[01:08:39]>> Yes. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[01:08:49]>> Yes.

[01:08:50]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[01:09:00]>> Yes.

[01:09:00]>> Court will find that defendant has knowingly involuntarily waved and consented stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments and the court will review the same after reviewing states exhibits one and attachments. The court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[01:09:23]>> We are judge.

[01:09:24]>> Anything you wish to say on behalf of your client?

[01:09:26]>> Uh no judge. He don't nothing judge. But I do want to say I did um ask him if he wanted to apply for probation and he said no he did not.

[01:09:36]Okay, >> I did give him that option.

[01:09:39]>> All right. So, sir, it appears that you have a major drug problem.

[01:09:46]Um, if you do not get clean and sober, it's not going to end well for you. Either you're going to end up back and forth in jail or in prison, or either somebody's going to have to identify your body, because that's usually what ends up happening. And so what I can tell you from what I've read in the stipulations, you have a major problem if you're just using in public on the sidewalk because that's where the police found you.

[01:10:17]So do you have any support system?

[01:10:29]>> Uh mom, dad.

[01:10:33]So, have they just said >> they said they can help me? I just I don't understand the >> I mean, do you not want the help or you just in the throws where >> it doesn't need to work and I can't work without vehicles want me to to to stop doing drugs and I just the drugs are everywhere, you know. Everywhere I go, there's someone had a good time.

[01:11:03]>> So, here's the thing. The whole thing about you not being able to work without a vehicle, that's not true.

[01:11:09]>> Because I didn't have a vehicle and I still worked.

[01:11:14]>> You know, I got a bicycle car.

[01:11:16]>> No, I mean, I didn't have I didn't have that. I I would catch the bus.

[01:11:21]>> Well, you know, I know I know the buses, too. But my mom, dad, they give them they don't live where these buses.

[01:11:32]>> And then, you know, I had some relatives, they would walk to work like three, four, five miles.

[01:11:38]And guess what? When I first started practicing as an attorney, I didn't have a vehicle because I thought this was a city with great transportation.

[01:11:47]And you know what I would do? I would take the via bus. And then I would always end up at the courthouse at about 7:00 a.m. You know why? Because I wanted to make sure I was the first one here.

[01:11:58]And if I had a client on the docket at 9:00, I didn't want to chance it that a bus was running late or my transfer was going to be late. And then when I got here and I had clients who were at the Bear County Jail, you know what I would do?

[01:12:11]I would walk from the courthouse to the Bear County Jail. And that was back in the day. That was in heels. I was in excellent shape.

[01:12:19]And all the bondsmen knew me. You know why? Because when I would get to North Kal, I would stop, go in because they either had uh a Coke machine or a water machine. And I would get a water and then go see my clients and then walk back to the courthouse and take the 90 bus. And the 90 bus would take you to University Hospital because that's the hub. And then from University Hospital get on the next bus to go back home. So, if you want to work, you can.

[01:12:50]You're just putting up excuses. But I bet you never have an excuse why you can't get drugs or afford drugs or use drugs.

[01:13:00]You see what I'm saying?

[01:13:01]>> Yes.

[01:13:02]>> All right. The court is going to find you guilty, sentence you to two years in the prison. There's a $800 fine, time, and money to run concurrent. Taking consideration 2026 PF10588.

[01:13:13]There's to be restitution to Haven for hope if any under uh 2026 PF10588 and the court will give you credit for any time served and the court will request the therapeutic community. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it?

[01:13:38]>> Yes. Because this is plea bargain agreement. Because I followed your plea bargain agreement. And because you wave your right to appeal, you do not have the court's permission to appeal.

[01:13:46]Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?

[01:13:54]>> Yes.

[01:13:54]>> All right. Good luck to you.

[01:13:55]>> Avette Garcia entered court expecting deferred adjudication after pleading guilty to felony theft. But Judge Stephanie Boyd quickly uncovered a far more troubling situation. Garcia admitted to bipolar disorder, hallucinations, past heroin use, and police reportedly finding a crackpipe connected to the case. The hearing escalated when Garcia revealed her family wanted her babysitting two toddlers despite her instability, prompting Judge Boyd to shut the idea down immediately. Instead of simply approving probation, the judge imposed drug court referrals, strict supervision, mental health evaluations, and a complete ban on unsupervised contact with minors.