In criminal court proceedings, plea bargain agreements allow defendants to plead guilty in exchange for reduced sentences, but require defendants to knowingly and voluntarily waive constitutional rights including the right to a jury trial, the right to cross-examine witnesses, and the right to remain silent. The court must ensure defendants understand these rights and the consequences of waiving them before accepting a plea. Plea agreements typically include specific conditions such as fines, restitution, community service hours, drug testing requirements, and reporting obligations that the defendant must follow during the probation period.
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Judge Caught Credit Card Abuse Defendant LYING in Court — HUMILIATED Over $900 7- Eleven SpendingHinzugefügt:
How do you spend $900 at 7-Eleven and it's not on gas?
I mean, what were you buying at 7-Eleven for $900?
>> Cigarettes.
issues of her own and she was trying to help you with food and you're spending it on cigarettes to the tune of $900. How do you feel about that? It took some thought. Either you walked to 7-Eleven or either you drove to 7-Eleven and when you went to 7-Eleven you were buying things to the tune I still don't understand how people spend $900 even if you're buying cartons of cigarettes. I don't see how you're spending $900 at 7-Eleven.
7-Eleven, I'm sure it's like the Valero and other places. I mean, how many snacks can you get?
All right, the court is calling 2022 CR1868 State of Texas versus Keegan Yates. May I have parties announced for the record for the state?
>> Please Sparks. For the defense? James Sealock.
And are you Miss Yates? Yes, ma'am.
Counsel, I'm showing you the discovery acknowledgement. Have you received all the discovery in this case and did you review it with your client? Yes, I have.
What will find that the state is in compliance with discovery? Miss Yates, I'm showing you what's entitled application for deferred adjudication or community supervision. Did you review that document with your attorney? Did you understand it?
>> Yes, ma'am.
Next, I'm showing you what's entitled true bill of indictment. Did you review that document with your attorney? Did you understand it? Yes, ma'am. Counsel, do you waive the reading of the indictment?
>> We waive the reading. State, are you proceeding on the indictment as presented? Yes, judge.
Miss Yates, I'm showing you what's entitled court admonishments and defendant's waivers 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? Yes, ma'am. Do you understand you're charged with credit debit card abuse elderly victim?
That's a third-degree felony. The range of punishment is anywhere from two to 10 years in prison and up to a $10,000 fine. Did you understand? Yes, ma'am. 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 does not follow your plea bargain agreement and gives you more than you bargained 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? 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 will call and the right to remain silent? Yes, ma'am. Did you understand by entering this plea bargain agreement you are giving up those rights? Yes, ma'am. And did you intend to give up those rights and enter into a plea bargain agreement in this case? Yes, ma'am. Did you understand if the court would have granted your application for deferred adjudication, if for any reason your deferred adjudication were revoked, the court could find you guilty, not grant you community supervision, and sentence you up to 10 years in prison and up to $10,000 fine? Yes, ma'am. Counselor, has your client been able to provide you with any defenses to this office? Yes, she has. Do you believe she has a rational as well as a factual understanding of the charges against her? I believe she does. Do you believe she's currently competent and legally sane at the time of the offense? I believe.
Ms. Jakes, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No, ma'am.
Has anyone promised you anything other than the plea bargain agreement to get you to enter this plea? No, ma'am. Are you satisfied with the way you've been represented? Yes, ma'am. Are you a U.S.
citizen? Yes, ma'am. Court will find that defendant has knowingly and voluntarily waived her right to jury trial. Showing you the plea bargain page, did you review that page with your attorney? Did you understand it? Yes, ma'am. According to the plea bargain agreement, there's a $500 fine to be probated. State recommends deferred adjudication.
There's restitution of $982 Lisa L E Z A H Neville Mars M A R R S and there's to be no contact with Lisa Neville Mars. Did you understand that to be the plea bargain agreement? Yes, ma'am. Defense, is that the plea bargain agreement? Yes, your honor. State, is that the plea bargain agreement?
>> Yes, your honor. Next, I'm showing you the paragraph entitled waiver of appeal paragraph. Did you review that with your attorney? Did you understand it, did you sign it in both places? Yes, ma'am. Did you understand by signing that you're waiving 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? Yes, ma'am. Counsel, have there been any such motions? No, no motions. Outside the plea bargain agreement, the state is requesting that your deferred adjudication be for a term of 3 years, a BAT evaluation, 100 hours community service, restitution, and CATS 1 and 2.
Did you understand those are recommendations from the state and the court does not have to follow those recommendations?
>> Yes, ma'am. All right, then to the offenses charged, how do you plead, guilty, not guilty, or no contest?
>> Guilty, Your Honor.
State, any evidence to support the defendant's plea? Yes, Your Honor. State offers Exhibit 1 and all attachments. No objection. Ms. Jacobs, I'm showing you what's entitled Waiver and Consent to Stipulation of Testimony and Stipulations. Did you review that document with your attorney, did you understand it, and did you sign it in all the appropriate places? Yes, ma'am.
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 will call, and the right to remain silent?
Yes, ma'am.
>> [snorts] >> 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, ma'am. Court will find that defendant has knowingly and voluntarily waived and consented to stipulations of testimony and stipulations.
Court will accept the evidence, State's Exhibit 1 and attachments, and review the same.
All right, after reviewing State's Exhibit 1 and attachments, the court will find there is sufficient evidence to find me guilty. However, the court will defer finding guilty if you apply for deferred adjudication. Are you proceeding with sentencing? Yes, Your Honor. Anything you wish to say on behalf of your client? Your Honor, she's court-appointed client, and she's working as a waitress at this time.
She's not in the health care field.
And we ask the court to uh uh for leniency on this matter, and she will pay back this lady, and uh I ask that because she is working that perhaps the community service hours could be adjusted. All right.
>> [clears throat] >> Thank you.
Thank you. Anything you wish to say? No, ma'am. All right. How do you spend $900 at 7-Eleven and it's not on gas?
I mean, what were you buying at 7-Eleven for $900?
>> Cigarettes.
All right. So >> Things I really didn't need. A carton of cigarettes is now $75. I bought a carton for my daughter the other day. I couldn't believe it.
$75. Well, I mean, that's a sign where people need to make adjustments. Stop smoking.
So, you came to this lady who was going through issues of her own and she was trying to help you with food and you're spending it on cigarettes to the tune of $900. How do you feel about that? I feel horrible.
But you continue to do it.
And do you still live in the same place as her? No, ma'am. All right. Did you even go to her, knock on her door and say, "I'm sorry"?
No.
So, why would you do this?
I wasn't thinking.
No, I mean, you were thinking because it took some thought. Either you walked to 7-Eleven or either you drove to 7-Eleven. And when you went to 7-Eleven, you were buying things to the tune I still don't understand how people spend $900 even if you're buying cartons of cigarettes. I don't see how you're spending $900 at 7-Eleven.
7-Eleven, I'm sure it's like the Valero and other places. I mean, how many snacks can you get?
>> [snorts] >> So, you were thinking.
So, did you think she she was just going to let it slide?
No.
Do you have any children? No, ma'am.
How do you spend your time?
I work [clears throat] mostly. Doing what? I'm a waitress on the Riverwalk.
All right.
Do they know you have this? You know this is what's called a crime of moral turpitude.
No, ma'am.
One person knows. I was um One person knows I'm in court today, but um he doesn't know what for. Okay. And what I can tell you is when you have crimes of moral turpitude, do you know what that means? No, ma'am. That means that you can't be trusted. That's why they call crimes of moral turpitude that people shouldn't trust you with money.
That's what they are. I understand.
[clears throat] All right. This is what the court is going to do.
Court is uh as previously stated is finding there's sufficient evidence to find you guilty.
Court will sentence you to a $500 fine.
That'll be probated. When you're drug tested today, what are the results going to be?
Negative. All right. There's to be restitution and no contact with Lisa Nevermars.
And restitution is in the amount of $982.
3 years deferred adjudication.
100 hours community service. 40 of those hours be waived if you provide proof of the COVID vaccination. Court is not requiring anyone get the COVID vaccination, but if you uh get it with the booster, then 40 of the hours will be waived. There's to be CATS 1 and 2.
You know how I feel about CATS 1 and 2.
Here's why CATS 1 and 2 right now. If it's not yours, don't take it.
>> [snorts] >> No stealing.
You understand? Yes, ma'am. Once she completes CATS 1 and 2, the remainder of community service hours will be waived.
Proof of employment within 30 days. There's to be no employment as a home health care provider with minors.
Regular reporting in person or Zoom.
There's going to be a drug test today.
And if it's negative, then uh regular drug testing thereafter.
If it's positive, I want to know about it.
Field visits one time per month uh for 6 months.
If everything goes well, then that can be eliminated.
Uh is there anything else that she needs?
No, you're all right. All right. Is there anything that you need from the court in order to be successful? No.
All right. I'm going to show you what's entitled to our court certification of defendant's rights to appeal. Did you review that document with your attorney?
Did you understand it? And did you sign it? Yes, ma'am.
All right. Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand? Yes, ma'am.
All right. Good luck to you. We can go off the record. What What is the tattoo about?
Oh, um it's from a a TV show >> [snorts] >> I've been watching for years, Supernatural.
Oh, so >> It's a protective symbol.
Oh, no. I'm very familiar with Su- Supernatural. So, who is your favorite of the brothers?
Um I like Sam. He's bookish.
>> If you don't say it, say Dean, I can't speak to you anymore. I like Dean, too.
Okay. [laughter] All right.
Everyone likes Dean cuz he's the pretty boy. Well, I mean, he's No, he he's he's very loving of his brother. Yes, he is.
All right. Uh probation will speak with you. Thank you. You're welcome. Was that painful?
Uh I got it beneath the collarbones, so not really that bad. Sometimes. Forearm hurt pretty good. Okay. All right. Well, good luck to you. Thank you. You're welcome.
May I be excused?
>> Yes, you may be excused. I'll go wash up. Okay. All right, is that your witness, Roper? Yes, ma'am.
All right. Uh we had begun the plea in this case, and where we stopped was I was going over the um plea agreement. So, has the plea agreement changed since the last time I began?
Yes, your honor. Uh specifically, it is related to the agreement as far as an affirmative finding of family violence.
Uh we are asking that the document reflect that the state does not seek an affirmative finding of family violence um on this case. All right, do you all want the paperwork to reflect that? Yes, ma'am. You're welcome.
All right, Mr. Roper, I'm showing you what's entitled plea bargain page. Did you review that page with your attorney?
Did you understand it? Yes, ma'am. All right. And just so the record can be clear, uh previously I had stated that the defendant had waived her had knowingly and voluntarily waived her right to jury trial. According to the plea bargain agreement, there's a $1,500 fine, the state recommends to further adjudication, and they're asking for the VIPP course. Did you understand that to be the plea bargain agreement?
>> Yes, ma'am. Defense, is that the plea bargain agreement? It is, your honor.
State, is that the plea bargain agreement? Yes, your honor. Next, I'm 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?
Yes, ma'am. Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?
Yes, ma'am. Counsel, are there any such motions? No, your honor. Next, I'm showing you outside the plea bargain agreement, the state is requesting that you further adjudication, a four-year term, a DUI evaluation, 120 hours community service, restitution, no [snorts] contact with Charles Mayberry, M A Y B E R R Y, and no firearm possessions.
Did you understand that those are the recommendations from the state, and the court does not have to follow those recommendations?
>> Yes, ma'am. Then to the offense as charged in the indictment, how do you plead? Guilty, not guilty, or no contest?
>> No contest. State any evidence to support the defendant's plea. Yes, ma'am. At this time, state over state exhibit number one and attachments. Any objections? No objections. Mr. Roper, let me show you what's entitled waiver and 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? Yes, ma'am.
Again, did you understand you have a right to jury trial, right for you or your attorney to cross-examine and confront any witnesses the state will call on the right to remain silent? Yes, ma'am. 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, ma'am. Court will find the defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept the state's evidence, state's exhibits one and attachments, and review the same.
Yes, ma'am.
After reviewing state's exhibits one and attachments, the court will find there's sufficient evidence to find you guilty in the court. [clears throat] Will the court find you not guilty, do you apply for deferred adjudication or proceed with sentencing?
Um if we can, Your Honor, that would be great. One other thing, Your Honor, they do have two children together, so uh only with respect to when >> All right. Well, of course, I'll be proceeding with sentencing. Yes, ma'am.
All right. Anything you wish to say on behalf of your client? Uh no, Your Honor, we'd ask that you follow the plea bargain. All right. So, you were talking about the two children they have together? Yes, so just during the exchange, if there could just be no harmful or injurious contact or any other matters that uh might arise with respect to the care of the children. No harmful or injurious contact. Otherwise, there is no other relationship. All right, Mr. Roper, what are the ages of your children?
Um they I have my daughter she'll be five this month, and then our son will be two in August.
All right. Is Child Protective Services involved? No, ma'am.
We're just passing children through both of our parents.
That's how we've been doing this. So, CPS wasn't involved at all? No, ma'am.
Are you employed? Yes, ma'am. What do you do? Um, I'm the lead cook and prep for uh Gus's Fried Chicken.
Okay. Is the chicken good? Yes. Is it better than Southern Classic? It's It's It's cooked in peanut oil, so yes. But, come and try it. I make all the sides.
>> Have you tried Southern Classic? I'm from Lexington, Mississippi, so we Southern Classic all the way. Okay.
>> [laughter] >> So, um I I think we're going to have to have a little debate. We may need to have a a debate over the best chicken, but okay. I have been to Gus's, and it was I'm going to have to try it now.
I can't believe you have not tried it.
How long has he been representing you?
>> [laughter] >> You should support your client.
>> It's right around the corner. I don't see why. We get a lot of you guys in there. I'm y'all's cook. So, when y'all eat, I make it.
>> The wait is long.
All right. This is what I'm uh going to do. Sentence you to uh 4 years to further education. There's a $1,500 fine that will be probated.
The VIP P course parenting classes proof of employment within 30 days.
There's to [snorts] be no employment as a home health care provider with minors.
120 hours of community service restitution 40 of those hours will be waived if you provide proof of the COVID vaccination.
The court is not requiring you to get the COVID vaccination, but if you do with the booster shot, 40 of those hours will be waived. The remaining of the hours will be waived once you complete parenting classes.
There's to be um no contact with Charles Mayberry outside of um Custody exchanges usually go wrong. And let me just tell you why custody exchanges go wrong. And this is based upon my experience as a defense attorney and a prosecutor. It goes wrong because people always want to bring extra people at the custody exchange. And usually extra people they're bringing are their new girlfriends, their new boyfriends, and things just go haywire. So, you all going to uh continue to do your custody exchange to your parents.
And grandparents are great. I think they enjoy seeing their grandchildren.
As grandparents, just follow them. So, they're going to remain in no contact with Charles Mayberry. Uh I'll reconsider that once I once she's been on deferred adjudication for a while and I can see how things are going. And maybe after the parenting classes. So, no contact with Charles Mayberry.
No firearm possession.
If your drug test is today, what are the results going to be?
Yeah, well, my system All right, we got to stop the using the marijuana. Do you understand?
Uh I don't want anyone cooking my chicken who use marijuana. Maybe they'll forget to use the peanut oil and use Crisco or something, okay? Not that there's anything wrong with Crisco. So, uh I want her tested for levels.
And so, those levels should start going down.
There's going to be regular reporting in person or zoom.
Um we'll do field visits.
One time for a month per month for 6 months. And of course, if everything goes well, you can discontinue the field visits.
Is there anything else, uh probation? I don't know. Did you say um anything about a tap? Did you want a tap? No, we'll just see how the these UAs go.
But, if those levels go up, we may end up doing something else. It's not going to have to be done.
My children is more important to me than smoking a blunt. Yes.
All right, is there anything else Is there anything else you need from the court in order to be successful?
Um other than You've already said what you had to say about the contact between me and my child.
All right, I'm going to show you what's entitled trial court certification of dependent's rights to appeal. Did you review that document with your attorney?
Did you understand it and did you sign it?
Because this is a plea bargaining agreement. Because I followed through with the plea bargaining agreement and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand? Yes, ma'am. All right, we can go off the record. So, here's the thing. You have a 5-year-old and 2-year-old.
5-year-old and 2-year-old, they're Children are pretty simple, I've discovered.
Uh 2-year-old wants to eat, wants a diaper change, wants you to say you love them, bounce them, and feed them. They don't want chaos in their life. And when parents bring chaos into children's lives, that becomes the expected thing.
So, your actions teach your children what's appropriate.
So, when you see children who use profanity, you know how they Why they use profanity? They learn that from their parents. So, everything that's happening in these formative years for your children, they're mimicking you.
So, make sure they're mimicking good things. Do you understand? All right, good luck to you. Thank you, Judge.
You're welcome.
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