MOLESTER Harrased His Own GF For Months & Now Stands Shamelessly In Court — Judge Tore Him Apart

[00:00:00]You're charged with stalking. That's a thirdderee felony. Range of punishment is anywhere from two to 10 years in prison and up to $10,000. CR 0008924 state versus Alexis Hernandez. Can I have parties announce?

[00:00:15]>> Will Brooks appear for Lewis Martinez defendant.

[00:00:19]>> All right. Any objection to this attorney standing in for Mr. Martinez?

[00:00:24]>> Council, uh, have you received all discovery?

[00:00:26]>> I believe Mr. Martinez acknowledged her dehydration.

[00:00:28]>> All right. And did your attorney review the discovery with you?

[00:00:31]>> Yes, ma'am. Correct.

[00:00:32]>> Court will find that the state is in compliance with discovery. Mr. Hernandez, did you review the application for deferred adjudication with your attorney? Did you understand it and sign it?

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

[00:00:41]>> Did you review the true bill of indictment with your attorney? Did you understand it?

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

[00:00:45]>> Council, do you weigh the reading of the indictment?

[00:00:47]>> Yes, judge.

[00:00:48]>> State, are you proceeding on the indictment as presented?

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

[00:00:56]>> Mr. Mr. Hernandez, did you review the court admonishments with your attorney?

[00:00:59]Did you understand it?

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

[00:01:01]>> And did you sign it in all the appropriate places?

[00:01:03]>> Yes, ma'am.

[00:01:04]>> You're charged with stalking. That's a thirdderee felony. Range of punishment is anywhere from 2 to 10 years in 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 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 proceed with trial.

[00:01:24]Did you understand? Yes, ma'am.

[00:01:26]>> 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. 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?

[00:01:40]>> Can you repeat that one more time?

[00:01:42]>> You understand you have a right to jury trial.

[00:01:44]>> Oh, yes, sir. Correct.

[00:01:45]>> Right to remain silent.

[00:01:46]>> Yes, ma'am. Correct. Sorry. What?

[00:01:47]>> Right. For your attorney to cross-examine any witnesses.

[00:01:50]>> Yes, sir.

[00:01:51]>> Uh, did you understand by entering this plea, you're giving up those rights?

[00:01:54]Yes, sir.

[00:01:55]>> And did you intend to give up those rights and enter into this plea bargain agreement?

[00:01:59]>> Yes, sir.

[00:01:59]>> 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 the prison?

[00:02:09]>> Yes, ma'am.

[00:02:10]>> Council, has your client been able to provide you with any defenses?

[00:02:13]>> Yes, he has. Judge, >> do you believe he has a rational as well as a factual understanding of the charges against him?

[00:02:17]>> I do, judge.

[00:02:18]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:02:22]>> Yes, your honor. Sir, has anyone threatened you? Course or place you in fear to get you to enter the plea?

[00:02:27]>> No, ma'am.

[00:02:28]>> Anyone promised you anything other than the plea?

[00:02:30]>> No, ma'am.

[00:02:30]>> Are you satisfied with the way you've been represented?

[00:02:32]>> Yes, ma'am.

[00:02:33]>> If you're not a US citizen by entering this plea, you will be deported denied naturalization and re-entry. Did you understand?

[00:02:39]>> Yes, ma'am.

[00:02:40]>> 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?

[00:02:47]Did you understand it?

[00:02:48]>> Yes, ma'am. According to the plea, punishment is to be assessed at a $1,500 fine. State is recommending deferred adjudication protective order. Did you understand that to be the plea?

[00:03:06]>> Yes, ma'am. Correct.

[00:03:07]>> Defense?

[00:03:08]>> Yes. Judge >> state?

[00:03:09]>> Yes, sir.

[00:03:09]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[00:03:14]>> Yes, I'm correct.

[00:03:15]>> 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?

[00:03:23]>> Yes, ma'am.

[00:03:24]>> Council, it's my understanding there have been no such motions.

[00:03:27]>> That's my understanding.

[00:03:29]>> Outside the agreement, the state is recommending that your deferred adjudication be for a term of 6 years, 200 hours community service, restitution, anger management, tap evaluation, and follow all recommendations in MRT. Did you understand those were recommendations from the state and the court does not have to follow those recommendations?

[00:03:47]Yes, I'm correct.

[00:03:48]>> Then to the offenses charge, how do you plead? Guilty, not guilty or no contest?

[00:03:52]>> State any evidence?

[00:03:54]>> State would offer states exhibit one and all attachments?

[00:03:56]>> No objections to state one or attach judge.

[00:03:59]>> And state, have you spoken with the complainant?

[00:04:01]>> We have, your honor.

[00:04:03]>> All right. State to the excuse.

[00:04:05]>> Thank sir. Did you review the document entitled waiver and consent to stipulation of testimony and stipulations with your attorney?

[00:04:12]>> Yes.

[00:04:13]>> Did you understand it and sign it at all the appropriate places?

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

[00:04:17]>> 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?

[00:04:26]>> Yes, ma'am.

[00:04:27]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?

[00:04:37]>> That's not correct.

[00:04:38]>> Court will find that defendant has knowingly and voluntarily waved in consent stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the scene. All right. After reviewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty. Court will defer finding of guilt as you've applied for deferred adjudication.

[00:05:00]Are you proceeding with sentencing?

[00:05:02]>> We'll wave a PSI and proceed with sentencing today.

[00:05:04]>> All right. How old are you?

[00:05:06]>> I'm 21.

[00:05:09]>> All right. You all, according to this, have only been dating for two months.

[00:05:15]>> So, do you live with your parents?

[00:05:17]>> No, I don't.

[00:05:18]>> You live by yourself?

[00:05:19]>> Uh, you live with my girlfriend right now.

[00:05:23]So you now have another girlfriend.

[00:05:25]>> Yes.

[00:05:26]>> All right. So this is why I don't understand. When somebody says they don't want you anymore, you have to accept that.

[00:05:34]I don't even know how you would find time to text hundreds of times. That's a lot of texting.

[00:05:42]>> People's fingers are so fast these days.

[00:05:44]Yes. Especially when you're my age and you have to do complete sentences with the right caps >> to hold the phone up in the air >> and then driving by somebody's home.

[00:05:55]>> It is my understanding that since this incident there's been no contact. He's been subject to a protective order aside from the lifetime and there's been no issues with violating that protective order. Judge, I didn't mean to interrupt you.

[00:06:07]>> No, no, no, no problem. So, do you understand when somebody doesn't want you any longer, it's over?

[00:06:12]>> Yes, ma'am. And this person that you're in with a relationship now, are they aware of this?

[00:06:17]>> Um, yes. Right.

[00:06:18]>> All right. So, if this person you're in a relationship with now tells you they don't want you anymore, you call it a day.

[00:06:28]>> You know what's the Bunny Wraith song? I can't make you love me if you won't.

[00:06:33][laughter] >> We should all [clears throat] adhere to that.

[00:06:35]>> Yeah. You got to move on.

[00:06:38]All right. The court will sentence you to six years deferred adjudication.

[00:06:42]There should be regular reporting by Zoom or in person. [clears throat] Regular random UAS.

[00:06:51]Proof of employment. Are you currently employed?

[00:06:53]>> Yes, ma'am.

[00:06:53]>> What do you do?

[00:06:54]>> Uh construction.

[00:06:56]>> All right. Proof of employment in 45 days. No employment as a home health care provider or with minors.

[00:07:04]There's to be no contact with There's be 200 hours of community service restitution. Do you have any children? Any children on the way?

[00:07:35]>> On the way.

[00:07:36]>> All right. Once he completes parenting classes, 100 hours will be deemed satisfied. The remaining 100 hours will be deemed satisfied upon completion of the MRT which I am requesting and there's to be a tap evaluation out of custody.

[00:08:02]Is there anything else with regards to sentencing?

[00:08:04]>> Judge, I didn't even hear you mention it, but I was going to ask um if the court would give him some dis dispensation on the fine given his age.

[00:08:12]>> Oh, I didn't order a fine. So nice.

[00:08:14]>> All right. Thank you.

[00:08:15]>> Thank you, judge. Nothing further.

[00:08:16]>> If anybody's going to object to the court not ordering a fine.

[00:08:19]>> No, judge.

[00:08:22]>> All right. Thank you. I think this one I don't take any of this lightly, but I understand that you're only 21. I don't think this was an anger management issue. I think this was a you think you're living in Romeo and Juliet and you can see it didn't end well for them.

[00:08:38]So, let it go. Like Elsa, let it go. All right. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it?

[00:08:48]>> Yes, ma'am. Great.

[00:08:49]>> Because it's a plea bargain agreement because I followed your plea bargain agreement because you wave your right to appeal. You do not have the court's permission to appeal. Okay.

[00:08:57]>> Yes, ma'am.

[00:08:58]>> All right. Good luck to you. And remember what I said. When somebody doesn't want you anymore, let it go because maybe there is somebody better that you're supposed to be with.

[00:09:06]>> All right.

[00:09:07]>> Yes.

[00:09:09]>> Field visits.

[00:09:10]>> Oh, thank you. Let's do field visits one time per month for three months.

[00:09:16]>> All right.

[00:09:16]>> Alexis Hernandez, a 21-year-old defendant, appeared in court after being charged with felony stalking involving a former girlfriend he had dated for only 2 months. Court records indicated he repeatedly contacted the complainant by sending hundreds of text messages and driving past her home after the relationship ended. Hernandez accepted a plea agreement, waved his trial rights, and applied for deferred adjudication.

[00:09:41]During sentencing, the judge emphasized that when a relationship ends, a person must respect the other individual's decision and move on. The defense noted Hernandez had complied with a protective order and had no further contact with the complainant since the incident. The court sentenced Hernandez to 6 years of deferred adjudication with probation conditions including regular reporting, proof of employment, a tap evaluation, moral reconation therapy, MRT, parenting classes, community service credits through program completion, and monthly field visits. The judge declined to impose the proposed $1,500 fine due to his