He Violated a Protective Order From Jail | Then Asked the Court for Mercy

追加: 2026-05-04

[00:00:00]I was in jail for 34 days. It's se it's a lot of medical blood work.

[00:00:05]>> Did you submit the form to the proper people?

[00:00:08]>> Yes, several times.

[00:00:10]>> After violating a protective order in a choking related assault case, the defendant returns to court hoping the judge will reconsider denying probation and instead allow deferred adjudication.

[00:00:21]>> All right. the last time you were here and I'd like for people to feel as though and not actually just feel as though but to have had a chance to speak to the court and it appeared that you wanted to speak to me.

[00:00:34]>> Yes, I do.

[00:00:34]>> All right. And what did you want to speak to me about?

[00:00:37]>> Um I have a second to >> kind of work.

[00:00:47]>> I'm sorry. What?

[00:00:48]>> Can I have a second to breathe? I kind of >> Sure.

[00:00:55]um >> just just um pertaining >> the case and I know when you went over you seen that uh the tech protective order was violated um multiple times it's not >> I know it if you read read police reports or a person's uh victim's uh testimony of what happened Sometimes it could, >> you know, I'm it's up to the court, your discretion to be >> uh, >> you know, to make try to make sense of them, I guess. Um but when it came to brother take the border um we have children together and to be honest like I I never been in any trouble before in my life pertaining like legal system and having to uh no contact like order with my children and I was a sole provider for my children like she was a stay at home mother and when I went back home like the no contact order I went back home but I was the only person on release and I didn't have anywhere else to go and honestly from >> from what we talked about pertaining he and her we were fine on the terms etc. So, to be honest, I didn't think it was going to be any more.

[00:02:21]>> But, see, here's the thing about it is is that there's an offense against you for choking, right? And when you think about it, choking a person, that means you're face to face with them. They can't breathe and you're still choking them.

[00:02:39]Now, you have that. So, you have to know that there's a no contact order in place. And when you're saying, "Oh, well, I leased the the apartment or the house or whatever. That's why I was going back there." Okay, I understand that. But when you were placed in custody at the jail, both parties agreed, your attorney agreed and the state agreed that you were actually contacting her from the jail. And so the thing about it is you already have this violent offense for choking someone. And then on top of that, you are continuing to contact them from the jail. You had to know you you couldn't contact people from the jail.

[00:03:21]And that just shows the court that you can't follow rules. And she has according to the testimony that t that's taken. She left town >> and is no longer in Texas or wherever she may be.

[00:03:36]>> Then you know it is what it is. She left town. Maybe she left because maybe she's thinking I leave town, he doesn't know where I am, then he can stop contacting me.

[00:03:48]But that's where we are.

[00:03:51]>> Yes.

[00:03:52]>> Sure.

[00:03:52]>> Okay. So, >> um, >> I don't know how much I say.

[00:04:02]>> Well, you're not under oath.

[00:04:03]>> Oh, okay. Well, I could speak. Yes. Um, Your honor, this she came back and forth to see me unannounced. Came to the house unannounced. Uh she >> when she was in a woman's home in Fredericksburg. Um she she was uh they kicked her out of the home woman's home and she uh the police had to come or whatever to escort her. Um, she came to the house on February fourth or fifth unannounced midnight because I wasn't speaking to her because we were talking during the uh protective order. We have children. I was sending money for my children or she would bring the children so we could see them. We would eat together.

[00:04:52]>> So, here's my question. Were you sending money to the children from the jail?

[00:04:57]>> Uh, >> that's a no.

[00:05:00]>> Uh, no. you were still calling her from the jail and that had nothing to do with anything. So, I I Here's the thing. I am I wanted to hear you out because I know I didn't get a chance to fully explain to you why I did grant you probation.

[00:05:17]But the reason why I didn't grant you probation is because you have a a a crime where you choke her and then after you choke her, you continue to contact her. What I'm letting you know is I understand, okay, you're on the lease, you go to the apartment or to the home because you're on the lease and you're trying to make sure that the children have food or have money. That's fine. But then you proceed to call her on numerous times from the Bear County Jail. That's a no. And for the court, the reason why I gave part of the reason why I I didn't grant you probation is because based upon your actions, you're telling me you can't follow conditions of probation. So that is why >> I actually actually uh your honor, if possible like uh because uh before this happened, I was enlisted actively in the military.

[00:06:13]I was enrolled into medical school for a LMRT classes to become a radiologist and um my classes started in March 2025. Um I've been in and I grow up in the jail etc. House etc. Um I understand um exactly where where you coming from and have a casino to the court or you know even like the charge or etc. you know, um I've been sitting in jail and u dealing with different health health reasons.

[00:06:51]Low potassium and low low liver enzymes since the date of my arrest of December 5th to March 18th. I was admitted to the hospital. I had lost 110 pounds because I wouldn't eat because I had psoriasis which is like I get my skin breaks out from certain foods, meat, dairy, etc. cigars have um >> um I grew up in a family uh with my my immediate household was my father, my brother, and myself. Uh out of the US three, uh both of them are felons and neither one of them graduated high school. I'm the only one graduated high school. I'm the only one who wasn't a felon. So applying for the probation and adjudication was kind of saved me from becoming a felon. I took pride in not having any criminal history. Um, >> if you uh if you could so grant me uh I don't have out of lawyer here, but I was thinking >> you can always come back with your attorney. I tell you what, I'll have you come back with your attorney. If you want to come back with an attorney, you can.

[00:08:01]>> No, I'm just speaking to you. I mean, it's up to you. I mean, uh, I I just don't want to be a strain on my family.

[00:08:10]And being that, I know that I would abide to, um, any probation, adjudication, especially the first, but I can try to save my record. It saved me for to be able to go on and have a career in any field or even enlisted arm still. I would uh say if you could maybe think or ponder on uh doubling the sentence to eight years probation deferred and double the fines. And uh if you could possibly um consider a no harmful contact because Clarissa has my children and uh no one Scarissa has my children, she has my car. Um she has a bunch of my possessions. know from our both of our families know each other. I knew Karissa since I was 14 years old. Both of our families know each other. Carissa doesn't her family has she's left her family. Let >> me just tell you this. What I would suggest to you is speak to your attorney.

[00:09:10]>> Uh the reason why I had you brought back is because I felt that there is something you wanted to say and I know I didn't get a chance to explain to you why I made the ruling I made. Mhm.

[00:09:25]>> And I will tell you, we're always taught as judges never to explain our rulings.

[00:09:29]Just make the ruling and move on. But I don't like to do that because I don't want people to think that I haven't heard their story or I'm not paying attention to them or that I'm not looking at them as individuals.

[00:09:41]So I I noticed as you were being taken away, you were raising your hand.

[00:09:47]And that made me realize that I really didn't get a chance to explain to you why I ruled the way I ruled. Now, if you're asking or wanting me to perhaps do some type of different sentence and for me to consider that, then your attorney will need to file a specific motion for that. The coordinator will let your attorney know and we'll go from there. Okay.

[00:10:13]>> May I say something?

[00:10:14]>> Sure. Uh uh >> uh from I was told yesterday that my uh lawyer or attorney made motions for reconsideration and a bunch of other emotions.

[00:10:32]>> I haven't received those.

[00:10:34]>> That's what I was told from our family when I um before I went up here. Um, >> this is all off the record.

[00:10:46]>> Yeah, we're off the record.

[00:10:48]>> Um, >> the court reporter is not taking anything down.

[00:10:52]>> Uh, I didn't I don't I didn't understand what I signed with the silent.

[00:10:56]>> All right. So, here's the thing. You need to talk to your um attorney about that. So, everything else that you're about to say now, you need to talk to your attorney. Your attorney can file whatever motion she chooses to file.

[00:11:08]Okay.

[00:11:08]>> No, no. I'm I was getting to what?

[00:11:10]>> No, you're getting to places that you should not get to.

[00:11:13]>> I'll stop there. But I'm saying that uh before we came up here, I was told several times that I could be able to.

[00:11:20]>> No, no, no, no. Here's the thing.

[00:11:23]You are now trying to or well attempting to wait into legal matters and I think you should have your attorney here to discuss that. All right. So, >> Miss Ferguson, >> yes. Has a motion been filed by his attorney?

[00:11:39]>> Uh that be I need to double check that judge. Do you have these upper judge?

[00:11:46]>> Uh they're right.

[00:11:50]>> Okay.

[00:11:53]>> All right. And if they have file if she has filed something, we'll put it on a docket for it to be heard and Miss Ferguson will set it. So uh just have a seat and Miss Ferguson if she finds something, we'll set it. All right.

[00:12:07]Okay.

[00:12:08]>> So, uh, when are we available to hear whatever motion she has filed?

[00:12:13]>> Um, I can do it the first week of June.

[00:12:17]>> I need to contact Anita to make sure she's available.

[00:12:20]>> All right. So, as soon as your attorney is available before 30 days, we'll hear her. Okay. And if you have some type of food intolerance, you need to let the jail know. If you let them jail, they will prepare you a specific meal.

[00:12:36]>> I I have I literally uh this is all in the notes. This is all in told when I had Zoom court for the protective order hearing uh on I would go to Zoom court in jail and I told uh >> Deputy Mah, will you please let the jail know that he has a food intolerance to dairy?

[00:12:56]>> Yes, sir.

[00:12:56]>> No, no, it's not just dairy. It's meats processed foods.

[00:13:00]>> All right. He can't eat any processed food. Will you let them know that he needs to eat green? Yes, >> your honor. He needs to submit a sick call so they can verify he's just eat allergic to I can tell you that I was in jail for 34 days.

[00:13:18]>> So, here's the thing. The only question that I need to know is did you submit what he did?

[00:13:23]>> This is it's a lot of medical blood work. I took a lot of >> I've been in and out of Yes. I went to the hospital.

[00:13:31]>> My question is, did you submit the form to the prop proper people?

[00:13:36]>> Yes. Several times.

[00:13:37]>> All right. So, uh, Deputy Laura, if you can make sure that the jail has the information on him and I will send an email >> and I and they and I didn't eat until I went to the hospital after 30.

[00:13:46]>> I will send them an email about your intolerance. Is there anything else?

[00:13:52]>> That's it.

[00:13:53]>> All right. So, I'm going to send him an email right now about your food intolerance. So, what specifically can you not eat?

[00:14:00]>> I was wanting to just give some type of fruit and they didn't give me any fruit said cuz it's huge and all this.

[00:14:06]>> Okay, this is what I want you to you to I want you to listen to me and internalize what I'm saying.

[00:14:14]As my grandmother would always say, it's not about who shot John right now. So, somebody did something or they didn't do something. I'm not at that point right now. Where I am is you're telling me you have a problem. I'm trying to solve it.

[00:14:27]So, I don't need to know the backstory.

[00:14:29]I'm just trying to figure out what are you not allowed to eat. What can you eat? And I will send an email to the sheriff letting him know that you are not allowed to eat dairy. So, other than dairy, what else can you not eat?

[00:14:44]>> Meats, processed food. I just really fruits and vegetables. There >> all right. So, you're not allowed to eat meats or processed food. And what are the results if you eat meats or processed food?

[00:14:56]>> Um, I have skin breakouts in my face and uh hair area etc. And it gets like it red irritants the psoriasis.

[00:15:06]>> All right.

[00:15:11]>> I didn't mean to.

[00:15:13]>> No, I mean I just want you to tell me what can you not eat? the fact that somebody is still serving you specific things.

[00:15:21]I'm trying to solve that problem, but I need to know what you can't eat. So, you're telling me no dairy, no meat, or processed foods, correct?

[00:15:30]>> Yes.

[00:15:31]>> All right.

[00:15:35]>> All right. Thank you.

[00:15:37]>> Thank you.

[00:15:38]>> CR015632, State versus Christopher Pledo. Could I have parties announced?

[00:15:45]Derek, come from Mr. Pledo.

[00:15:46]>> And are you Mr. Pledo?

[00:15:48]>> Council, have you received all discovery? Did you review it with your client?

[00:15:51]>> Yes, your honor.

[00:15:52]>> Court will find that the state is in compliance with discovery. Mr. Pledo, did you review the application for community supervision with your attorney? Did you understand it? And did you sign it? Did you review the true bill of indictment with your attorney?

[00:16:05]Did you understand it?

[00:16:06]>> Yes, sir.

[00:16:07]>> Council, do you wave the reading of the indictment?

[00:16:09]>> We did, judge.

[00:16:10]>> State, are you proceeding on the indictment as presented?

[00:16:12]>> Yes, your honor.

[00:16:13]>> Mr. Mr. Pledo, did you review the court admonishments with your attorney? Did you understand it? Did you sign it in all the appropriate places? You're charged with possession of a controlled substance penalty group one to four grams. That's a thirdderee felony. Range of punishment is anywhere from 2 to 10 years in the prison and up to $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 withdraw your plea. 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. By entering this plea, you're giving up those rights.

[00:16:59]>> All right. Council, has your client been able to provide you with any defenses?

[00:17:03]>> Yes, he has, your honor. Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:17:07]>> My panel does.

[00:17:08]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:17:11]>> Yes, your honor.

[00:17:12]>> Mr. Pledo, has anyone threatened you course or place you in fear to get you to enter this plea?

[00:17:16]>> No, ma'am.

[00:17:17]>> Anyone promised you anything other than the plea?

[00:17:19]>> Are you satisfied with the way you've been represented?

[00:17:21]>> Yes.

[00:17:21]>> If you're not a US citizen by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand?

[00:17:28]>> Court will find that defendant has knowingly involuntarily waved his right to jury trial. Did you review the plea bargain page with your attorney? Did you understand that?

[00:17:36]>> Yes, ma'am.

[00:17:36]>> According to the plea, punishment is to be assessed at a cap of six years in the prison. There's a $1,200 fine in the state as opposed to your application.

[00:17:44]Did you understand that to be the plea?

[00:17:45]>> Yes.

[00:17:45]>> Defense, >> it is your >> state? Yes, sir.

[00:17:47]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:17:54]>> 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?

[00:18:02]>> Yes, ma'am.

[00:18:03]>> Council of the many such motion.

[00:18:05]>> Then to the offense, how do you plead?

[00:18:06]Guilty, not guilty or no contest?

[00:18:08]>> Guilty.

[00:18:09]>> State any evidence?

[00:18:10]>> Yes, you're in the seat of proceed.

[00:18:12]>> No, >> did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

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

[00:18:19]>> 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?

[00:18:28]>> Yes, sir. 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.

[00:18:39]>> Court will find that defendant has knowingly involuntarily waving consented stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments. Court has reviewed the same. The court will find that there is sufficient evidence to find you guilty and the court will find you guilty. Uh what is his criminal history?

[00:18:59]as well as conviction for guilty1.

[00:19:06]Two felonies were >> okay. All right. Are you waving PSI?

[00:19:12]>> Um, we can stay opposed, but we can.

[00:19:16]>> Well, now my question is, are you waving PSI?

[00:19:21]>> Do you want the judge make the decision?

[00:19:22]You want to wait?

[00:19:24]>> I'm decision. We wave the PSI, judge.

[00:19:27]All right. Uh, in states you're opposed.

[00:19:29]And why are you opposed?

[00:19:32]>> We are opposed. Um, Mr. Pledo was placed on probation in 2023 as well as that drug conviction in 2023 and then picked up this new case. So, he's already done a trip to TC on that one before.

[00:19:46]>> All right. Thank you. So, why were you revoked on your last probation? What did you not do?

[00:19:52]>> Uh, report.

[00:19:54]>> Okay.

[00:19:56]And what how often have you been using drugs?

[00:19:59]>> Probably six.

[00:20:01]>> And what have you been using?

[00:20:03]>> Marijuana at first and then it went to cocaine. Then cocaine went to meth and then I started drinking and then I just stayed on meth.

[00:20:13]>> And do you have any children?

[00:20:15]>> What are their ages?

[00:20:17]>> 15. Uh she lives in Austin. I have two live right now. My parents and a seven and eighty old. and then I have a three-year-old.

[00:20:25]>> All right. So, here's the thing. I'm going to give you a choice. There are no other choices. Don't ask me for a third option. Either choice that you make is going to result in you being in custody.

[00:20:36]First choice, I could I'll find you guilty as I already have done, sentence you to prison of 5 years.

[00:20:43]Next choice, I'll grant your application and I will sentence you to six years in the prison suspended and probated for eight years, but you're going to remain in custody. you're going to be referred to felony drug court. If they do not accept you, you're going to be going into inpatient treatment somewhere. So, those are your only options.

[00:21:03]And the only reason why I'm giving you these options is because sometimes it's not good to kick the pan down the road. You have these children who are depending on you for support.

[00:21:15]And one of two things going to end up happening if you don't get treatment.

[00:21:18]Either you're going to end up in prison for the rest of your life or either somebody's going to end up identifying your body. So, which do you prefer? Five years in the prison or either you remain in custody until you're accepted in felony drug court or either into an impatient drug treatment?

[00:21:37]>> All right. Thank you, council. All right. This is what the court will do.

[00:21:41]The court will sentence you to six years in the prison suspended and probated for eight years. The following is to take place in custody. A referral to felony drug court. TAP evaluation if not accepted into felony drug court. Uh then inpatient treatment and that impatient treatment probation if uh tap evaluation approves will be safety.

[00:22:10]There should be regular reporting by Zoom or in person, regular random UAS, field visits one time per month until further notice upon release from custody.

[00:22:24]There's going to be 200 hours of community service restitution.

[00:22:28]I'm going to order parenting classes.

[00:22:31]Once parenting classes are complete, 50 hours will be deducted.

[00:22:38]the remaining community service hours.

[00:22:40]You can either do 150 in the heat, which it it's going to get hot pretty soon, or there's going to be one sober support, I'm sorry, for every sober support meeting completed, that's your AA meetings, one hour of community service restitution will be deducted.

[00:23:00]There's to be no unsupervised contact with minors.

[00:23:06]That may change once you prove to the court that you can be clean and sober.

[00:23:12]There is to be $1,200 fine.

[00:23:16]That will be probated.

[00:23:19]Proof of employment within 45 days of release.

[00:23:24]There's be no employment as a home health care provider or with minors. Uh probation. Is there anything else?

[00:23:32]No thanks. Is there anything else you need from the court in order to be successful?

[00:23:37]Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it? Because this is a plea bargain agreement.

[00:23:47]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. 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? All right, we can go off the record. Here's the thing. You have children who are depending on you 100%.

[00:24:09]If you continue the way you're going, some other man is going to end up raising your children because either you're going to end up spending a majority of your time at the Bear County Jail or in prison or either somebody's going to have to identify your body because the last time you use may be the last time you use. In this court, communication is key to be successful.

[00:24:26]Talk to your probation officer. If you ever feel like, you know, once you completed the impatient program, you're going to use, call your sponsor, call probation. If you call probation, and you tell them that you're thinking about using, you know what they're going to do? They're going to get you some help.

[00:24:42]If you come in here and talk to me and say, "Judge, I'm struggling. I think I'm going to use." Guess what I'm going to do? I'm going to get you some help. But if you don't report, we're going to have a problem. You understand?

[00:24:51]>> Yes, sir.

[00:24:52]>> All right. Good luck to you. Court is calling 2025 CR00003996 state versus George Brandon Rodriguez.

[00:25:03]Can I have parties announced?

[00:25:05]>> Please give a hand for the state your honor.

[00:25:07]>> Nathaniel Navy for Mr. Rodriguez.

[00:25:09]>> And are you Mr. Rodriguez?

[00:25:10]>> Yes.

[00:25:11]>> Council, have you received all discovery and did you review it with your client?

[00:25:15]>> Yes, your honor.

[00:25:16]>> Court will find that the state is in compliance with discovery. Mr. Rodriguez, did you review the document entitled Application for Community Supervision?

[00:25:25]>> Yes, I did.

[00:25:25]>> With your attorney?

[00:25:26]>> Yes, I did.

[00:25:27]>> Did you understand it and sign it?

[00:25:29]>> Yes, your honor.

[00:25:30]>> Did you review the true bill of indictment with your attorney? Did you understand it?

[00:25:33]>> Yes, your honor.

[00:25:34]>> Council, do you weigh the reading of the indictment?

[00:25:36]>> Yes, we do. Judge >> State, are you proceeding on the indictment as presented?

[00:25:40]>> Yes, we are. Your >> name in the box. Quiet.

[00:25:46]>> Mr. Rodriguez, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[00:25:52]>> Yes, I did. Your honor, >> your charge of possession of a controlled substance penalty group one less than one gram. That's a state jail felony. Range of punishment is up to 180 days in the state jail facility. I'm sorry, anywhere from 180 days up to two years in the state jail facility and up to a $10,000 fine.

[00:26:09]>> Yes, ma'am.

[00:26:12]>> 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 entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:26:26]>> Understood. Your honor, >> 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. Did you understand by entering this plea you were giving up those rights?

[00:26:39]>> Well, did you understand that?

[00:26:41]>> I did.

[00:26:41]>> And did you intend to give up those rights and enter into a plea in this case?

[00:26:45]>> Yes. Council, has your client been able to provide you with any defenses?

[00:26:48]>> Yes, your honor.

[00:26:49]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:26:53]>> Yes, I do, your honor.

[00:26:54]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:26:58]>> Yes, I do.

[00:26:59]>> All right. Is this an application for deferred adjudication or just regular?

[00:27:02]>> Deferred.

[00:27:03]>> Okay. So, I don't have a application for deferred. It's for community supervision.

[00:27:10]>> Oh, is there a separate one? Thought it was. All right.

[00:27:13]>> All right. No problem.

[00:27:14]>> I can get that wrong. Sure.

[00:27:16]>> Did you understand with an application for deferred adjudication, if for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to two years in the state jail facility and up to a $10,000 fine?

[00:27:28]>> Yes, I did.

[00:27:29]>> All right. Council, has your client been able to provide you with any defenses?

[00:27:32]>> Yes, your honor. Yes.

[00:27:33]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:27:37]>> Yes, he does.

[00:27:38]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:27:42]>> Yes, your honor. I do believe that.

[00:27:43]>> Mr. Mr. Rodriguez, has anyone threatened you course? Do you place you in fear to get you to enter this plea?

[00:27:47]>> No, you're not.

[00:27:48]>> Anyone promised you anything other than the plea?

[00:27:50]>> No.

[00:27:50]>> Are you satisfied with the way you've been represented?

[00:27:53]>> Very much.

[00:27:53]>> Are you a US citizen?

[00:27:54]>> Yes, ma'am.

[00:27:55]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the document uh the plea bargain page?

[00:28:04]>> Yes, I >> according to the plea, there's a $1,500 fine. State recommends deferred adjudication. There's to be restitution to SAPD for drug testing. Did you understand that to be the plea?

[00:28:16]>> Defense?

[00:28:16]>> Yes.

[00:28:17]>> State?

[00:28:17]>> It is your honor.

[00:28:18]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[00:28:22]>> Yes, sir.

[00:28:23]>> 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?

[00:28:32]>> Yes, sir.

[00:28:33]>> Council of any such motion?

[00:28:34]>> There have not. Outside the agreement, the state is requesting that your community supervision be for a term of two years. There be a TAP evaluation and 120 hours of community service restitution. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:28:50]>> Yes, indeed.

[00:28:51]>> Then to the offenses charge, how do you plead guilty, not guilty, or no contest?

[00:28:55]>> Plead guilty.

[00:28:56]>> State any evidence?

[00:28:57]>> Your state except number one with all his attachments.

[00:28:59]>> No objections, your honor.

[00:29:00]>> Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[00:29:06]>> Yes, I did.

[00:29:06]>> 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?

[00:29:15]>> Yes, sir.

[00:29:15]>> 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?

[00:29:23]>> Yes, sir.

[00:29:24]>> 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 in attachments and review the same.

[00:29:44]All right. After reviewing states exhibits one and attachments, the court will find there is sufficient evidence to find you guilty. The court will defer finding of guilt as you've applied for deferred adjudication. In states, you may be excused.

[00:29:56]Uh are you asking that your client be sentenced today? Yes, your honor.

[00:30:00]>> Anything you wish to say on your client's behalf?

[00:30:02]>> Judge, just that Mr. Rodriguez has been very accepting of his responsibility in this case. He's taken active steps to remove himself from the temptations that led him into this position and uh he's very motivated to complete this period of deferred adjudication. I think he will successfully.

[00:30:17]>> All right. How often were you using?

[00:30:20]>> Um it started gradually opening. So went from 3 days and then I was able to separate myself for nine days, a month, and then little by little just got off of it, man. Uh with the help of Jesus Christ.

[00:30:32]>> All right. Do you have any children?

[00:30:33]>> No, I don't.

[00:30:34]>> All right. So, how often were you using?

[00:30:37]>> Just literally literally up to a month.

[00:30:40]So, between that, it varied. And since I found Jesus Christ, it's been a lot easier going out, being more active with my dogs, and taking care of more chores around the house. I live with my mother.

[00:30:50]Okay.

[00:30:50]>> Yes.

[00:30:57]>> And what do you do in your spare time?

[00:31:01]>> Be home and uh pick up trash around my streets and stuff like that. I just try to stay busy and >> um it came to a point where I seen so much beer cans and cigarette butts outside on our streets that it uh started affecting me. And when I was doing that myself at one point in my life, it made motivated me to do it more and clean up our streets.

[00:31:20]>> Okay. Awesome.

[00:31:20]>> Yes. Yes, ma'am.

[00:31:21]>> All right. This is what the court is going to do. Two years deferred adjudication, regular reporting by Zoom or in person, regular random UAS, $1,500 fine will be probated. Restitution, if any, to SAPD for drug testing.

[00:31:36]120 hours community service restitution.

[00:31:39]Proof of employment within 30 days. No employment as a home health care provider with minors. Tap evaluation out of custody. Follow recommendations. If they recommend inpatient treatment, we'll start with intensive outpatient treatment. And there should be 90 sober meetings in 90 days. Probation. Is there anything else?

[00:31:59]>> Okay.

[00:31:59]>> Is there anything? And I'm sorry. Phil visits one time per month for three months. Is there anything else you need from the court in order to be successful?

[00:32:09]>> No, I think I'm very satisfied. Thank you.

[00:32:11]>> All right. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it?

[00:32:21]>> Yes, I did.

[00:32:21]>> All right. 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.

[00:32:30]>> You understand?

[00:32:30]>> Yes, I do understand.

[00:32:32]>> All right. We can go off the record. In this court, to be successful on probation, communication is key. If there's an issue, let your probation officer know. If you feel that they're not addressing it, you can always come back to court. If you feel that you're about to backslide, you can let your probation officer know. Your attorney will tell you, I am hopeful that you will be successful. I'm not trying to revoke just to revoke. So, it is better if you think you're going to use to let probation know about it. What they will do is they will come to me and they will ask for recommendations to get you back on track. Okay.

[00:33:07]>> Fantastic. Thank you.

[00:33:09]>> All right. Good luck to you.

[00:33:10]>> All right. Have a blessed rest of your day. Thank you.

[00:33:11]>> Okay. You have a blessed day as well.

[00:33:13]>> Thank you, Judge. Baby.

[00:33:15]>> Yes.

[00:33:16]>> The judge grants Rodriguez 2 years of deferred adjudication with conditions including drug testing, a treatment evaluation, 120 hours of community service, and proof of employment within 30 days. He must also attend 90 sober meetings in 90 days and avoid certain employment involving minors, giving him the opportunity to complete supervision successfully and avoid a felony conviction.

[00:33:40]>> And are you Mr. Richardson?

[00:33:42]Council, you received all discovery. Did you review it with your client?

[00:33:46]>> I have.

[00:33:46]>> Court will find that the state is in compliance with discovery. Mr. Richardson, did you review the true bill of indictment with your attorney? Did you understand it?

[00:33:55]>> Yes, your honor. Council, do you wait the reading of the indictment?

[00:33:58]>> Yeah.

[00:33:58]>> Sir, how do you pronounce your first name?

[00:34:01]>> Liu as in like Samuel. Like Lio.

[00:34:04]>> Lio.

[00:34:05]>> My mother has a hard time saying it, too.

[00:34:07]>> All right. Hi.

[00:34:09]>> As does his attorney.

[00:34:12]>> I mean after my father.

[00:34:13]>> Okay. Yes, sir.

[00:34:14]>> No, I always think that names are very important. Uh, did you review the court admonishments? I'm sorry. State, are you proceeding on the indictment as presented?

[00:34:23]>> No, your honor. We're waving the enhancement paragraph and proceed on just a state jail.

[00:34:30]>> Any objections?

[00:34:31]>> Did you review the court admonishments with your attorney? Did you understand it and cited in all the appropriate places?

[00:34:36]>> Yes, your honor.

[00:34:37]>> Did you understand you're charged with evading arrest detention uh with prior conviction as a state jail felony. Range of punishment is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. 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 enter a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:35:06]>> Yes, you.

[00:35:06]>> 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. Did you understand by entering this plea you were giving up those rights?

[00:35:17]>> Yes, sir. And did you intend to give up those rights and enter into a plea in this case?

[00:35:23]>> Yes, sir.

[00:35:23]>> Council, has your client uh been able to provide you with any defenses?

[00:35:28]>> Yes.

[00:35:28]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:35:32]>> I do.

[00:35:33]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:35:36]>> I do.

[00:35:37]>> Mr. Richardson, has anyone threatened you course or placed you in fear to get you to enter this plea?

[00:35:41]>> No.

[00:35:42]>> Anyone promised you anything other than the plea?

[00:35:44]>> No.

[00:35:45]>> Are you satisfied with the way you've been represented?

[00:35:47]>> Yes. Are you a US citizen?

[00:35:49]>> Yes, ma'am.

[00:35:50]>> Court will find that defendant has knowingly and voluntarily weighed his right to jury trial. Did you review the plea bargain page with your attorney?

[00:35:56]Did you understand it?

[00:35:57]>> Yes, sir.

[00:35:58]>> According to the plea, punishment is to be assessed at 180 days in the state jail facility and there are no applications. Did you understand that to be the plea?

[00:36:06]>> Yes.

[00:36:07]>> Defense?

[00:36:08]>> Yes.

[00:36:08]>> State?

[00:36:09]>> It is.

[00:36:09]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[00:36:14]>> Yes. 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?

[00:36:24]>> Yes, sir.

[00:36:25]>> Council, have there been any such motions?

[00:36:27]>> No.

[00:36:27]>> Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest?

[00:36:31]>> No.

[00:36:32]>> I'm sorry.

[00:36:33]>> No contest.

[00:36:33]>> State any evidence?

[00:36:34]>> Yes, honor. State exhibit number one with all this attachment.

[00:36:37]>> All right. State you may be excused.

[00:36:38]>> Thank you.

[00:36:39]>> Without objection.

[00:36:40]>> Did you review the waivering stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[00:36:45]>> Yes, I did it.

[00:36:46]>> 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?

[00:36:54]>> Yes, sir.

[00:36:55]>> 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?

[00:37:04]>> Yes, honor.

[00:37:04]>> 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 and the court will review the same.

[00:37:17]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 you proceeding with sentencing?

[00:37:27]>> Yes, Sha.

[00:37:28]>> Anything you wish to say on behalf of your client?

[00:37:29]>> We'd ask that you follow the plea bargain agreement.

[00:37:32]>> All right. The court will sentence you to 180 days in the state jail facility to give you credit for any time served and the court will suggest the therapeutic community.

[00:37:42]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?

[00:37:49]>> Yes, sir.

[00:37:50]>> All right. Because this is plea bargaining agreement. Because I follow your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. 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 a weapon or ammunition is, you'll need to speak to an attorney. You understand?

[00:38:07]>> Yes, sir.

[00:38:08]>> All right, we can go out the record. How old are you?

[00:38:11]>> I'm one other thing to I'd ask the board to consider awarding the diligent participation credit.

[00:38:16]>> Oh, if he completes something, then I'll consider it.

[00:38:19]>> Thank you.

[00:38:20]>> I'm 42 43.

[00:38:24]I understand that um that I've been at this point at this in my age that I've been a criminal, but um or at this time I mean I was dealing with someone with my mother. She she's an addict. She needs help and she's here today.

[00:38:47]I didn't expect this when I got out of prison that that she was on crack cocaine. And the reason why I was on the east side is well for her not to be over there.

[00:38:58]>> But no, here's the thing. When you were caught, you had a meth pipe as well.

[00:39:04]>> So that's what I read in the police report. So here's the thing. If your mother suffers from drug addiction, there's a place that I can pick up the phone right now to get her help if she wants it. But at some point in time, how old is your mom?

[00:39:19]>> She's 161.

[00:39:22]She's a two, >> right? So, she's 62. You're in your 40s.

[00:39:27]And let me just explain to you all.

[00:39:29]She's an adult. You're an adult. And there's only one or two things that's going to end up happening to you.

[00:39:38]this whole situation when I read the police reports, you could have easily been shot because the officer saying you won't show your hands, you jump off a bicycle, then take off running, then hopping over fences, then going down dark alleyways, then not showing your hands when you're on the ground. And that officer saying he had to have somebody cover him with lethal coverage.

[00:40:00]And you know what lethal coverage means?

[00:40:02]That means there's somebody with a gun trained on you because they don't know if you have a gun or what's going to happen. Everybody at the end of the day, they're just trying to do their job and make it home safely. And if you don't stop using drugs, what's going to end up happening to you is one of two things.

[00:40:22]Either you're going to spend the rest of your life at the Bear County Jail or somebody else's jail, or the rest of your life in prison.

[00:40:29]That's what's going to end up happening to you. or either your body's going to be in some field somewhere in an alley, right? If you were running in an alley and you got some bad meth and the officer never found you or the officer said, "Uh, he was just on the bicycle running. I'm going to let that slide."

[00:40:45]Somebody will have to identify your body and that person is going to be your mother or whoever it else it may be. If you are being honest and you say, "I'm on drugs. My mom is on drugs. I want to get help for my mom." You can't help anybody until you help yourself. That's why when you're Have you ever flown before?

[00:41:05]>> You know, I'm scared.

[00:41:06]>> Let me just tell you what they say. When When you're Whenever you're on a plane, I listen to what the flight attendant is saying. Even though my thing is it's all in God's hand. If this plane fall, we're not overwater. We're probably not not going to survive. But I still listen.

[00:41:23]And you know what they say? They say if you have a child with you, put on your your mask, your oxygen mask first because you know why? If a parent can't breathe on a plane, they can't help their child.

[00:41:37]So, you're going to have to put on your oxygen mask first before you put it on your mom. And if you get out of the state jail uh facility and you decide to continue the way you're going, you're going to get arrested or either you're going to be dead. Those are your two options. You got to make a choice. If your mom wants help, I can send her someplace right now for her to get drug help. But if she don't want it, she don't want it.

[00:42:03]You understand?

[00:42:05]>> Yes, ma'am.

[00:42:06]>> If she wants it, I'll go get her I'll I'll make sure she gets the help that she needs today. But you got to take care of you. All right.

[00:42:15]>> And when you get released from the state jail facility, if you can't find a place that can help you with your drug addiction, you come back here. I'm still here. I'll pick up the phone. I know a place that will accept you. Okay.

[00:42:27]>> Yes, ma'am.

[00:42:28]>> All right. Good luck to you.

[00:42:30]>> You're welcome.

[00:42:31]>> How's it going, man?

[00:42:32]>> I'm doing okay.

[00:42:33]>> You doing okay today?

[00:42:34]>> Oh, yes. How about you?

[00:42:36]>> I'm good. Thank you.

[00:42:37]>> Oh, that's good. You know, we're currently alive, so it's a good day.

[00:42:41]>> Yes, ma'am.

[00:42:43]>> All right. So, you're here requesting a bond.

[00:42:45]>> Yes, your honor. Um, >> just one second. So, let me call the case number. I'm just trying to figure out where we are. All right. The court is calling 2025 CR 0524 00525 and 0 02586 state versus Charles Lewis Mullenax.

[00:43:08]Could I have parties announce?

[00:43:09]>> Jason Gand for the state. Your honor >> Victoria Cruz on behalf of Raymond Martinez for the defense.

[00:43:13]>> And are you Mr. Mullen?

[00:43:15]>> Yes, ma'am.

[00:43:15]>> Uh do you have any objection to this attorney standing in for Mr. Martinez?

[00:43:19]>> No, ma'am.

[00:43:20]All right. Uh, state, have you reviewed the motions?

[00:43:24]>> Uh, I I've reviewed one motion for one one case. That's on the uh 524.

[00:43:30]>> Okay.

[00:43:31]>> I I believed only the 524 was remanded.

[00:43:34]I thought the others had a bond amount.

[00:43:36]>> Oh, okay. So, we're only going on the 524. 524.

[00:43:40]>> I think I think so. Yes.

[00:43:42]>> Okay.

[00:43:43]>> I'll check with that.

[00:43:46]>> So, do you all have an agreement to a bond amount? Um, state recommends 4,000, which is double. That's fine with us.

[00:43:52]The original was 2,000.

[00:43:54]>> All right. So, why doesn't he have a bond in this case?

[00:43:57]>> He FTA, your honor. Um, he did explain to me that the reason he FTA was because he was injured. He had some broken ribs and uh he believed that he would be taken into custody. So, that's that's why I do believe that the period of uh of sconding was only a couple of weeks.

[00:44:14]And he has been in custody since March, April.

[00:44:18]Wait, let me pull up his case on Odyssey.

[00:44:25]>> Only this one has a warrant. That is remanded, right? I think all the other ones have.

[00:44:31]>> No, no, I don't. I asked my staff.

[00:44:34]>> All right. So, in this case, there was an affidavit to surrender shity on February 11th and then he didn't appear on February 24th.

[00:44:47]And then you're set for jury trial on July 22nd.

[00:44:52]All right.

[00:44:54]You want to raise your right hand for me, please? Do you summarly swear affirm the testimony you give will be the truth and nothing but the truth? So help you God.

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

[00:45:02]>> All right. You can lower your hand.

[00:45:03]State your name for the record.

[00:45:04]>> Charles Lewis Muller.

[00:45:06]>> All right. Do you have any uh prior drug use in your past?

[00:45:11]>> Yes, ma'am.

[00:45:12]>> And what would that be?

[00:45:13]>> Heroin.

[00:45:15]>> All right. And have you ever been diagnosed with any type of mental health issues?

[00:45:20]>> Uh yes, ma'am.

[00:45:22]>> And have you received uh medication for that?

[00:45:25]>> I did for a little bit until I got taken off of like my insurance got dropped and then I couldn't afford the medication. I was on it for like a good year though and I was doing good when I was on my medication.

[00:45:38]>> All right. So I'm going to set your bond at the $4,000.

[00:45:42]There's going to be regular UAS, a referral uh to center for healthc care services and outpatient treatment for substance abuse.

[00:46:03]Is there anything else? Your honor, I was mistaken. Mhm.

[00:46:06]>> Um there are war there it three other cases two other cases are remanded without bond.

[00:46:12]>> Okay.

[00:46:14]>> 0.

[00:46:15]>> All right. State look at 586. Sorry this is my fault. So 586 is at was at 5,000.

[00:46:33]So you want double which is fine.

[00:46:36]And then did last amount was 2,000 on that one.

[00:47:00]>> Yes, that's and that should be it.

[00:47:03]>> Judge me on this though. So, >> okay.

[00:47:06]>> All right. So, then and the cause number ending in 25, do you all have an agreement?

[00:47:13]>> We do.

[00:47:14]>> And what would be the agreement in that cause number?

[00:47:16]>> I believe that's a $5,000.

[00:47:20]>> Okay.

[00:47:23]So, in that bond, I will do the $5,000.

[00:47:27]And Mr. Mullenex, >> yes, ma'am. I'm going to give you the same condition as I did in the previous bond. Don't worry, you don't have to do it twice. It's just so that they can mirror each other. All right.

[00:47:40]>> Yes, sir. Yes, sir.

[00:47:53]>> All right. And then in cost number ending 86.

[00:47:56]>> Yes, that that's 4,000.

[00:48:01]All right, Miss Ferguson, if you'll make sure that he has a reset form for his July 22nd trial date.

[00:48:09]>> Yes, sir.

[00:48:10]>> All right. Is there anything else from either side?

[00:48:12]>> No, your honor.

[00:48:13]>> Then in that last cause number, Cindy, it's going to be a bond of $4,000 in 2025 CR00002586.

[00:48:23]a bond of $5,000 in 2025 CR0000525 and a bond of $4,000 in 2025 CR 05246 originally.

[00:48:47]>> All right.

[00:48:48]>> And the other two were at 20.

[00:48:51]>> All right. Well, this is what they've agreed to. So, I'll go with what they've agreed to, but thank you. And in each cause number, it's going to be regular UAS, a referral to Center for Healthc Care Services, and outpatient treatment for substance abuse.

[00:49:05]>> Yes, ma'am.

[00:49:06]>> Uh, is there anything else, sir, that you need to be successful on bond?

[00:49:12]>> Not that I could think of, miss.

[00:49:14]>> All right. If for some reason the referral for the Center for Healthc Care Services is not done, just contact your attorney and they can contact me and I'll make sure that we figure out what's happening.

[00:49:25]>> Yes, sir.

[00:49:26]>> All right. Is there anything else?

[00:49:27]>> No, your honor. Apologies for the messiness.

[00:49:30]>> Oh, no, no, no.

[00:49:32]>> It's fine. All right. Thank you. Court is calling 2025 CR2083 State versus Ombberto Rodriguez. Can I have parties announce?

[00:49:44]>> First for the state of Texas from defense.

[00:49:48]>> And are you Mr. Rodriguez?

[00:49:51]>> Yes.

[00:49:53]>> We have an interpreter here. Can you raise your right hand? Do you solemnly swear and affirm you will faithfully translate from English into Spanish and Spanish into English? So help you God.

[00:50:04]>> I do your uh and could you state your name for the record, please?

[00:50:08]>> Dean Abrams, license number 2081. All right, Mr. Rodriguez, all of the documents that I'm going to review with you are in English. Were those documents explained to you in Spanish?

[00:50:22]>> Yes.

[00:50:23]>> And defense, do you speak Spanish?

[00:50:26]>> Yes, I do.

[00:50:26]>> And do you speak it fluently?

[00:50:28]>> Yes, I do.

[00:50:28]>> And were you able to explain the documents to your client in Spanish?

[00:50:32]>> Yes, I was.

[00:50:33]>> I did.

[00:50:34]>> See, >> Mr. Rodriguez, let me see.

[00:50:40]Did you review the document entitled application for community supervision with your attorney? Did you understand it and sign it?

[00:50:48]>> See, >> yes.

[00:50:49]>> Council, have you received all discovery in this case? And did you review it with your client?

[00:50:54]>> I have and I did review.

[00:50:56]>> Court will find that the state is in compliance with discovery. Mr. Rodriguez, did you review true bill of indictment with your attorney? Did you understand it?

[00:51:06]Sir, >> yes.

[00:51:07]>> Council, do you wave the reading?

[00:51:13]All right, let's go off the record. So, there's an issue with the paperwork, the plea paperwork.

[00:51:19]Um, you all are asking for punishment to be assessed at two years, but then you all are recommending community supervision and then you have community supervision checked at the bottom.

[00:51:35]Ah, okay. I see it now. There's no application for deferred adjudication, correct?

[00:51:40]>> No.

[00:51:42]>> Okay. All right.

[00:51:49]Council, did you review the true bill of indictment with your attorney?

[00:51:52]>> I'm sorry, with your client.

[00:51:54]>> Yes, I have.

[00:51:55]>> And Mr. Rodriguez, did you understand the indictment?

[00:51:59]>> Yes.

[00:52:00]>> Council, do you weigh the reading of the indictment?

[00:52:02]>> We do.

[00:52:03]>> State your proceeding on the indictment as presented.

[00:52:07]Mr. Rodriguez, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[00:52:17]>> Yes.

[00:52:18]>> Did you understand your charge with assault family household member with a previous conviction as a thirdderee felony?

[00:52:25]>> Range of punishment. Yes. Anywhere from two to 10 years no problem in prison 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.

[00:52:36]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?

[00:52:48]>> Yes.

[00:52:48]>> 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. Did you understand by entering this plea, you were giving up those rights?

[00:53:03]Yes.

[00:53:03]>> And did you intend to give up those rights and enter into a plea in this case?

[00:53:10]>> Yes.

[00:53:13]>> Council, has your client been able to provide you with any defenses?

[00:53:16]>> Yes, he has.

[00:53:17]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:53:21]>> Yes, I do.

[00:53:22]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:53:26]>> Yes, >> Mr. Rodriguez, has anyone threatened you? Of course. Do you place you in fear to get you to enter this plea?

[00:53:36]>> No.

[00:53:36]>> No. Nobody.

[00:53:38]>> Anyone promise you anything other than the plea?

[00:53:41]>> No.

[00:53:42]>> No.

[00:53:42]>> Are you satisfied with the way you've been represented?

[00:53:52]Are you a US citizen?

[00:53:55]>> President?

[00:53:56]>> No, I'm a resident.

[00:53:57]>> Uh, council, did you address immigration issues with your client?

[00:54:00]>> I did, your honor. I received a an advisor from the immigration attorney at the MAC, uh, Mr. Justin Tullius, just today and he emailed me letter and I went over that with my client.

[00:54:14]>> All right, Mr. Mr. Rodriguez, do you understand with an affirmative finding of family violence and with this type of case involving violence that you will be deported?

[00:54:27]>> Yes.

[00:54:27]>> And do you understand that you will not be that that you will be denied naturalization?

[00:54:34]>> Your honor, if I may.

[00:54:35]>> Yes. Yes.

[00:54:36]>> Uh according to the advis u Mr. Um, Rodas qualifies to uh avoid deportation >> because he this would be his first base of moralitude.

[00:54:53]>> No, this is not his first case of moral turpitude because he was previously under adjudication for another family violence case. And if that f family violence case is a family violence case against a female, those are all considered crimes of moral turpitude. So this is his second crime of moral turpitude.

[00:55:12]>> Okay.

[00:55:14]>> So do you understand that you're going to be deported?

[00:55:17]>> Shane, anything?

[00:55:18]>> Yes, I understand.

[00:55:19]>> All right. Some somebody may want to talk to the Mac about that and let them know that this is his second. Does everyone agree that this is his second family violence offense?

[00:55:28]>> Yes, sir.

[00:55:29]>> And that the previous one was against a female.

[00:55:34]>> All right. So both of these are crimes of moral turpitude. Whether you receive deferred adjudication on the first one or not, that's a crime of moral turpitude. Do you understand?

[00:55:45]>> Yes, I understand.

[00:55:46]>> Do you understand that you will be deported?

[00:55:49]>> Yes.

[00:55:49]>> And do you understand that you will be denied naturalization?

[00:55:54]>> Yes.

[00:55:55]>> Did you understand uh the consequences and the impact of entering this plea as it relates to your immigration status?

[00:56:06]>> Yes, I do.

[00:56:07]And knowing that you are going to be deported, do you still wish to go forward with this plea?

[00:56:16]>> Yes. Council, >> do you still wish to go forward with the plea?

[00:56:19]>> Yes, sure.

[00:56:20]>> All right. 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? Did you understand it?

[00:56:31]>> Yes, I did.

[00:56:32]>> According to the plea, punishment is to be assessed at two years in the prison.

[00:56:35]There's a $1,500 fine. State recommends community supervision. There's an affirmative finding of family violence.

[00:56:42]There's to be no contact with the complainant. Did you understand that to be the plea?

[00:56:48]>> Yes, sir. I understand.

[00:56:49]>> Defense, is that the plea?

[00:56:50]>> It is. Yes.

[00:56:51]>> State, is that the plea?

[00:56:52]>> It is right.

[00:56:53]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[00:56:59]>> Yes.

[00:56:59]>> 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?

[00:57:10]>> Yes, I understand.

[00:57:11]>> Council, have there been any such motions?

[00:57:12]>> No.

[00:57:13]>> Outside the agreement, the state is requesting that your community supervision be for a term of four years.

[00:57:19]There be 80 hours of community service restitution, the BIP course, TAP evaluation, and follow TP recommendations. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:57:37]>> Yes, I understand.

[00:57:38]>> Then to the offense is charged. How do you plead? Guilty, not guilty or no contest?

[00:57:45]>> No contest.

[00:57:46]>> State any evidence?

[00:57:47]>> Yes, sir. I just state evidence.

[00:57:52]>> All right. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[00:57:59]>> Yes.

[00:57:59]>> 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?

[00:58:11]>> Yes.

[00:58:12]>> 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?

[00:58:23]>> Yes. Take this.

[00:58:24]>> 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 and attachments. The court has reviewed the same. The court will find there is sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[00:58:41]>> Yes.

[00:58:43]>> State have you spoken to the complainant?

[00:58:45]>> Yes.

[00:58:46]>> All right. State, you may be excused.

[00:58:48]Anything you wish to say on behalf of your client?

[00:58:50]>> Uh, we'd ask the court to follow the agreement.

[00:58:56]All right. Do you have any children, sir?

[00:58:59]>> Yes. Ages?

[00:59:07]>> 19, 15, 12, and 8.

[00:59:12]>> All right. This is what the court is going to do. $1,500 fine, probated, sentence you to two years in the prison, suspended and probated for four years, permanent finding of family violence, no contact with the Stella Sanchez, 80 hours community service, restitution, proof of employment within 30 days, no employment as a home health care provider with minors, the BIP course, uh if once he completes parenting classes, community service hours, shall be deemed uh satisfied tap evaluation in custody and if the tap evaluation is not completed in two weeks he's to be released.

[00:59:56]So that would be a re I'll do a release date of June 16th if the tap evaluation is not completed. Phil visits one time per month for three months.

[01:00:12]Regular reporting by Zoom or in person regular random UAS probation. Is there anything else?

[01:00:23]community service.

[01:00:27]>> Yes.

[01:00:28]>> Is there anything else you need from the court to be successful?

[01:00:41]court certification of defendants rights to appeal with your attorney. Did you understand it and did you sign it?

[01:00:48]>> Yes.

[01:00:48]>> Because this is a 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.

[01:00:56]Because this is an uh felony conviction and 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 need to speak to an attorney. Do you understand?

[01:01:14]Yes, I understand.

[01:01:15]>> All right, good luck to you. Uh, Deputy Laura, he needs to go into custody.

[01:01:19]>> The judge finds Rodriguez guilty and sentences him to two years in prison, suspended for 4 years of probation with a family violence finding, no contact order, BIP course, drug and alcohol evaluation, random testing, and employment requirements. because he is not a US citizen and has prior family violence history. The court repeatedly confirms he understands the plea may lead to deportation and denial of naturalization.