She Hurt a Toddler and Lied | Judge Boyd Pulled the Video & BANNED Her From Children Forever

Added: 2026-05-23

[00:00:00]No, no right. And from watching that video, what you're telling me is not the same that's in the police report. What's in the police report matches what's in that video. A daycare worker sits in front of a judge after a 3-year-old in her care ends up on the ground. She says she was just trying to get the child to listen, but the surveillance video tells a very different story. 2023 CR10226 State versus Fredricka Simone Nelson.

[00:00:26]Can I have parties announced for the record for the state? Rick Fender for the state.

[00:00:30]>> Defense? Branch Hardy for the defendant.

[00:00:32]And are you Ms. Nelson? Yes. Counsel, have you received all discovery that you reviewed with your client? Yes, your honor. Court will find that the state is in compliance with discovery. Ms. Nelson, did you review the application for deferred adjudication with your attorney? Did you understand it and sign it?

[00:00:46]>> Yes. Did you review the true bill of indictment with your attorney? Did you understand it? Yes. Counsel, do you waive the reading of the indictment?

[00:00:53]>> Yes, your honor. State, are you proceeding on the indictment as presented? Yes, your honor. Ms. Nelson, did you review the admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[00:01:03]Yes. Did you understand you're charged with injury to a child or elderly disabled with bodily injury? That's a third-degree felony. Range of punishment is anywhere from 2 to 10 years in prison and up to $10,000 fine. Did you understand? Yes.

[00:01:17]If you have a plea bargain agreement with the state, the court does not have to follow your agreement. If for any reason the court does not follow your 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?

[00:01:33]>> Yes. 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. Did you understand by entering this plea you are giving up those rights? Yes. And did you intend to give up those rights and enter into a plea in this case?

[00:01:50]>> Yes. Counsel, is there an application in this case for deferred adjudication or no? Yes, your honor.

[00:01:56]All right. So, are you all opposed to deferred or silent on deferred cuz it's not in the plea paperwork?

[00:02:04]Uh is there an application for deferred in this case?

[00:02:07]>> your honor, but the agreement is for years prison to be evaluated for filing on deferred. Um Judge, I'm sorry. I'm going to have to confer with my client.

[00:02:15]>> Sure. All right. No, Judge.

[00:02:17]No, the agreement is straight probation.

[00:02:19]All right.

[00:02:29]All right, counsel, has your client been able to provide you with any defenses?

[00:02:33]Yes, your honor. Do you believe she has a rational as well as a factual understanding of the charges against her? I do, Judge. Do you believe she's currently competent was legally sane at the time of offense? Yes. Ms. Nelson, has anyone threatened you, forced you, or placed you in fear to get you to enter this plea? No. Anyone promise you anything other than the plea? No. Are you satisfied with the way you've been represented? Yes, ma'am. Are you a US citizen? Yes. Court will find that defendant has knowingly and voluntarily waived her right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it? Yes.

[00:03:03]According to the plea, punishment's be assessed at 4 years in the prison.

[00:03:06]There's a $1,500 fine. State recommends community supervision.

[00:03:11]There is no application for deferred adjudication and there's to be no contact with the complainant. Did you understand that to be the plea? Yes.

[00:03:18]Defense, is that the plea? It is, your honor. State, is that the plea? It is, your honor. Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Yes.

[00:03:28]And did you sign it in both places?

[00:03:30]>> Yes.

[00:03:31]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.

[00:03:42]Counsel, have there been any such motions? No, Judge.

[00:03:46]And then that one can go away.

[00:03:49]Outside the agreement, the state is recommending that your community supervision be for a term of 4 years, there be 80 hours community service restitution, anger management, MRT, tap evaluation to follow all recommendations. Did you understand those are recommendations from the state and the court does not have to follow those recommendations? Yes, ma'am. Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest?

[00:04:12]State, any evidence? Yes, your honor.

[00:04:14]This time state offers evidence state exhibit one and police reports.

[00:04:17]Objection.

[00:04:20]All right, did you review the waiver and consent to stipulations with your attorney? Did you understand it?

[00:04:25]And did you sign it in all the appropriate places? Yes. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call and the right to remain silent?

[00:04:38]Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly there'll be no live testimony. Did you understand?

[00:04:48]>> Yes.

[00:04:49]Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and the court will review the same. And state, have you had any contact with the complainant?

[00:05:04]All right, thank you.

[00:05:07]And you may be excused.

[00:05:09]All right, after reviewing state's exhibits one and attachments, the court will find there is sufficient evidence to find you guilty and the court will find you guilty.

[00:05:17]Is there anything you wish to say on behalf of your client?

[00:05:20]No, judge. I don't think so.

[00:05:21]>> All right, so so why are you doing this?

[00:05:26]When I wanted Emily Anna to get down, instead of me pulling her and putting her down like the way I did, I could have did other ways. I could have either played a game with her or could have talked to >> No, that's not what it says. What you're telling me is not what's in this police report. What it says is this child came home from this early learning center.

[00:05:49]O2 stated she picked victim up from the listed location yesterday at approximately 17:30 hours and found victim crying.

[00:05:57]O2 stated that victim told her that suspect that she made her cry.

[00:06:01]O2 stated that she confronted suspect the incident and the suspect denied anything happening. O2 stated that she then advised suspect's supervisor the incident and requested that the video surveillance of the location be checked.

[00:06:17]O1 stated that the video surveillance was checked this morning and the video showed S1 throwing V1 to the ground. I then went witness the video that showed S1 sitting on the ground attempting to clean a cabinet and the victim was standing in front of her.

[00:06:34]Suspect then can be seen throwing the victim aggressively to her side and the victim hitting the ground.

[00:06:42]O1 stated that the suspect was confronted this morning and asked about the incident. O1 stated that S1 told her that she attempted to move the victim by her arm. O1 stated that suspect was immediately terminated after viewing the surveillance. So, that's what they say happened. That wasn't a Oh, I'm trying to stop her from falling.

[00:07:03]No, it's saying that you threw a child to a ground. And how old is this child?

[00:07:07]She was three. All right, who throws a three-year-old to the ground? Well, she was on the She was on the cabinet.

[00:07:16]And I wanted her to get down.

[00:07:18]So, I grabbed her and I put and I put her put her down. No, they said you threw her to the ground.

[00:07:24]>> saying. I didn't throw her down. I took her by her arms and I landed her down and then I got over her and I told her to get up.

[00:07:33]All right, just 1 second. We We're going to see the video.

[00:07:36]I always say show show me the video if you have the video.

[00:07:39]Is there any objection to the court reviewing the video? No objection, Judge. All right, let's see the video.

[00:07:51]Might happen on this computer. Okay.

[00:08:11]Oh, thank you.

[00:08:14]Also turned off.

[00:08:23]Oh, you haven't loaded it up?

[00:08:25]It's coming. Sorry. Okay.

[00:08:40]Still turning?

[00:08:45]Okay.

[00:08:50]All right, thank you so much.

[00:08:53]All right, we're back on the record.

[00:08:55]So, All right, the court has reviewed video.

[00:08:58]Is there anything else you wish to have for your client? No. All right, do you have any children? Yes. And what are their ages? My kid is my kid is 26. Mhm.

[00:09:08]24 21 and 19. All right, do you have any grandchildren? Six.

[00:09:16]And what are their ages?

[00:09:18]Seven, eight 4-month-old 3-year-old and 1-year-old.

[00:09:26]All right, and the complainant in this case, how old was the complainant approximately? Three-ish. All right. So, let me ask you this. Do you love your grandchildren? Yes.

[00:09:35]What would you think if somebody did what you did to your to your 3-year granddaughter?

[00:09:42]Do I mean You're saying yes, I understand, but what do you understand? That it shouldn't never happen. Mhm.

[00:09:49]And from watching that video I had no idea.

[00:09:52]No, no right. And from watching that video, what you're telling me is not the same that's in the police report. What's in the police report matches what's in that video.

[00:10:03]All right, anything else? Nothing further, Judge. Court is going to Yes.

[00:10:08]Nothing else.

[00:10:09]Court is going to sentence you to 4 years in the prison, suspended and probated for 4 years. There's going to be 90 days in the Bear County Jail as a condition of probation that starts now.

[00:10:20]There's a $1,500 fine, time and money to run concurrent.

[00:10:25]There's to be 100 hours of community service restitution.

[00:10:30]I'm going to order parenting classes.

[00:10:34]And I'll deduct 50 once that's completed.

[00:10:37]And another 50 will be deducted upon completion of anger management classes, and I'm ordering anger management.

[00:10:44]There's going to be regular reporting by Zoom or in person.

[00:10:49]Regular random UAs.

[00:10:53]Proof of employment within 30 days of release. There's to be no employment as a home health care provider or in the health care field or with minors, so you're not allowed to work as a daycare operator. You're not allowed to babysit.

[00:11:09]You're not allowed to do any of that.

[00:11:11]And there's to be no contact with the complainant.

[00:11:22]And there's to be TAP evaluations and follow TAP recommendations. And that can be done in custody, the TAP evaluation.

[00:11:32]And as far as the MRT, I don't think this is really an MRT issue as opposed to an anger issue. And she just shouldn't be working with children.

[00:11:42]It appears that people are just hiring anybody. Hey, we have a daycare. You want to work here? Oh, yeah, sure.

[00:11:48]Nobody does any follow-up. Nobody does a psychological They don't do background checks. They're just letting anybody watch vulnerable people, which I don't understand.

[00:12:00]Probation, is there anything else she needs?

[00:12:03]All right. Field visits one time per month until further notice.

[00:12:12]And I'm doing that because you are not allowed to babysit children. Do you understand?

[00:12:18]And there's to be no unsupervised contact with minors.

[00:12:23]And that includes your grandchildren.

[00:12:26]Uh anything else, probation?

[00:12:28]Is there anything else that you need from the court to be successful?

[00:12:35]Okay. So, I need some mental help.

[00:12:39]All right.

[00:12:40]>> I was diagnosed with severe depression with psychosis episode.

[00:12:44]Okay.

[00:12:45]We'll do a MEK evaluation in custody and follow recommendations.

[00:12:55]And you know, based upon that, that's another reason if you're having those episodes and you're not on medication for it, that's another reason why they should not have had you working at a daycare.

[00:13:07]But again, people are just letting anybody look after children. I do not understand that. Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Yes. Did you understand it and sign it? Yes. All right. Because this 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.

[00:13:28]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 need to speak to an attorney. Do you understand?

[00:13:37]>> Yes.

[00:13:38]All right. And that we can go off the record in this court to be successful, communication is key. So, you're going to have to work on your anger issues and not If you see yourself getting angry, you need to count to 10, walk away. You understand?

[00:13:50]>> Yes.

[00:13:50]All right, good luck to you. All right, the court is calling 2025 CR002636, State versus Aaron Nathaniel Guillory.

[00:14:01]Can I have parties announce? Megan Guillory for the state. And Eric DeWalt, and I represent Mr. Guillory. And are you Aaron Guillory? Yes, your honor.

[00:14:09]Counsel, have you received all discovery and did you review it with your client?

[00:14:12]I have. I did. Evidence by my signature on there. Court will find that the state is in compliance with discovery.

[00:14:19]Uh there are no applications.

[00:14:21]>> We are none. Mr. Guillory, did you review the true bill of indictment with your attorney? Yes, your honor. Did you understand it? Yes, your honor.

[00:14:29]Counsel, do you waive the reading of the indictment?

[00:14:31]>> I do, your honor. State, are you proceeding on the indictment as presented?

[00:14:35]Uh no, your honor. We are waiving count three, and then regarding counts one and two, we would like to proceed on the lesser included offense of robbery, leaving the eye enhancement. Oh, just one second. So, count one will be robbery.

[00:14:52]Just one moment.

[00:15:09]All right, let's do this this way.

[00:15:11]So, uh count one?

[00:15:15]Um proceed on the lesser included offense of robbery.

[00:15:20]And count two?

[00:15:22]Proceed on the lesser included offense of robbery.

[00:15:27]Count three.

[00:15:29]Wave count three, Your Honor.

[00:15:31]Any objection?

[00:15:32]>> None, Your Honor.

[00:15:35]Uh count four. Proceed as is, Your Honor.

[00:15:53]All right. Did you review the document entitled court admonishments with your attorney? Did you understand it and sign it in all the appropriate places? Yes, sir.

[00:16:01]Did you understand uh in counts one two you're charged with robbery and counts four you're charged with unlawfully carrying a weapon with a felony conviction?

[00:16:13]Those offenses range of punishment is anywhere from two to 20 years in prison and up to $10,000 fine. Do you Do you understand? Yes, sir.

[00:16:21]If you have pleas with the state, the court does not have to follow your plea.

[00:16:26]If for any reason the court does not follow your plea 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, I understand. You have 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. By entering these plea, you are giving up those rights. Do you intend to give up those rights and enter into a plea on each one of these cause, I'm sorry, on each one of these counts?

[00:16:56]Yes, I do.

[00:16:58]Counsel, has your client been able to provide you with any defenses? He has, Your Honor. Do you believe he has a rational as well as a factual understanding of the charges against him? I do, Your Honor. Do you believe he's currently competent and was legally sane at the time of the offense?

[00:17:10]>> I do, Your Honor. Mr. Guillory, has anyone threatened you, coerced you, or placed you in fear to get you to enter the plea? They your honor. Anyone promise you anything other than the plea? No, your honor. Are you satisfied with the way you've been represented?

[00:17:22]Yes, your honor. Are you a US citizen?

[00:17:24]Yes, your honor.

[00:17:25]Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Did you review the plea bargain page with your attorney?

[00:17:32]Did you understand it? Yes, your honor.

[00:17:34]According to the plea, the state is proceeding on counts 1, 2, and 4.

[00:17:38]They're asking that your punishment be assessed in each count at 6 years in the prison. There's a $2,000 fine and there are no applications. Did you understand that to be the plea? Yes, your honor.

[00:17:48]Defense? It was, your honor. State?

[00:17:50]>> It is, your honor.

[00:17:50]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places? Yes, sir. 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?

[00:18:06]Yes, your honor. Counsel, have there been any such motions?

[00:18:09]>> No, your honor.

[00:18:11]Then to count one of the less included offense of robbery, how do you plead?

[00:18:15]Guilty, not guilty, or no contest?

[00:18:17]>> No contest.

[00:18:18]To count two to the less included offense of robbery, how do you plead?

[00:18:22]Guilty, not guilty, or no contest?

[00:18:24]>> No contest.

[00:18:25]To unlawfully carrying a weapon with a felony conviction, how do you plead?

[00:18:28]Guilty, not guilty, or no contest? No contest. State, any evidence?

[00:18:33]>> State offers state's 1 and attachments.

[00:18:36]Your honor, we've had an opportunity to go over that in its entirety. No objections to its admittance. All right, state, you may be excused.

[00:18:42]Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places? Yes, your honor.

[00:18:49]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?

[00:18:58]Yes, your honor. Did you understand that today the state will be presenting evidence in the form of witnesses' statements and police reports, but most importantly, there'll be no live testimony. Did you understand? Yes, your honor. Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and the court will review the same.

[00:19:22]All right, after reviewing state's exhibits one and attachments, the court will find there's sufficient evidence to find you guilty and the court will find you guilty of count one, guilty of count two, guilty of count four.

[00:19:41]All right, proceeding with sentencing?

[00:19:42]>> Please, Your Honor. Anything you wish to say on behalf of your client?

[00:19:45]Not at this time, Your Honor.

[00:19:47]All right, and you believe your client is competent?

[00:19:50]>> Your Honor. Okay.

[00:19:52]Mr. Guillory, how far did you go in school?

[00:19:55]Uh 9th grade.

[00:19:58]Why did you drop out of school?

[00:19:59]>> I can't answer that. Uh I didn't drop out. Uh they didn't They said I wasn't uh available to go to any uh SAIG schools anymore.

[00:20:10]Why did they say you were unavailable?

[00:20:12]Uh from uh getting in trouble a lot at school.

[00:20:19]Doing what? What do you mean by getting in trouble?

[00:20:21]Uh just misbehaving.

[00:20:26]What do you mean by misbehaving? Uh not doing what I'm supposed to do in class, misbehaving.

[00:20:34]So, where are your parents? They're in the courtroom. They're in the courtroom.

[00:20:37]Mother's in the courtroom and grandfather's in the courtroom. He's All right. So, why does he Why do you keep doing these things?

[00:20:45]It's just uh not understanding at all. It's uh I know what I'm doing.

[00:20:55]Uh It's not not doing the right thing. Want to fit in and that's that's the right thing to do.

[00:21:08]Well, let me just just ask you this cuz it's obvious the people you are with don't care about you. Yes, ma'am.

[00:21:15]Because if they did they wouldn't have involved you in this.

[00:21:19]Yes, ma'am. Do you even know why this person felt that the complainant owed him his motorbike? I don't. Not at all.

[00:21:30]So, I mean if you don't start making better decisions Yeah. you'll end up in prison for the rest of your life. Yes, ma'am. Is that what you want to do? No, ma'am.

[00:21:40]So, why don't you just be around people who care for you?

[00:21:48]That's what I'm doing if I get a chance to go back home.

[00:21:51]Work and stay around my family and do what I got to do to be successful in life. All right. You want to call his mama cuz I want to see what's going on with him.

[00:22:06]Hello. Hello. How are you doing? I'm doing okay. How are you doing?

[00:22:10]>> Good, ma'am. I'm doing all right.

[00:22:11]>> All right. Can you raise your right hand for me? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?

[00:22:19]I do. All right. Can you lower your hand?

[00:22:22]If you'll state your name for the record. Barbara Bates Miller. All right.

[00:22:27]So, can you tell me what is his issue?

[00:22:31]Why didn't he finish school?

[00:22:33]Well, first of all I adopted him. He was not He was my great That's my great nephew. I adopted him.

[00:22:42]He was a little drug baby.

[00:22:44]His mom was on cocaine and all After I adopted him, he was stopping.

[00:22:56]He He finally came up out of I knew him before tell you about of that.

[00:23:02]And then um he went to school.

[00:23:07]And then he went to the wrong crowd to me.

[00:23:11]Because as far as I'm concerned, he he he was he was raised right.

[00:23:18]So So you're saying that he was a drug baby. Are you saying that his mom used drugs while she was carrying him?

[00:23:26]>> All right.

[00:23:28]Yes, ma'am. And then was he born addicted to drugs? Yes.

[00:23:34]Yes, ma'am. I went through a lot with that.

[00:23:38]Cuz he was screaming and Having withdrawals from drugs?

[00:23:42]>> Yes, ma'am.

[00:23:44]Okay.

[00:23:46]And So once did you were you the person who was called to take him home from the hospital? Yes, ma'am. And then he went through the foster care system with you?

[00:23:57]Yes, ma'am.

[00:23:58]And his mother uh you adopted him. Mhm.

[00:24:02]Yes, ma'am. And you're his great I'm his great aunt. I'm his mother's aunt.

[00:24:08]Okay. Mhm.

[00:24:09]Yes, ma'am. And where's the the grandmother, his grandmother? Do you know?

[00:24:14]She's dead.

[00:24:15]Okay. She's dead.

[00:24:17]All right. All right, thank you so much for telling me some things about him.

[00:24:21]Thank you. All right, thanks.

[00:24:26]All right, can I see the state? All right, so we're back on the record.

[00:24:32]And so the state has amended their offer to a cap of 6 years in the prison.

[00:24:37]Is that correct, counsel?

[00:24:38]>> It is, your honor.

[00:24:40]All right, so I what I can tell both parties is I have worked on the CPS side before.

[00:24:50]And children who are born addicted to drugs and this is why I tell parents, when you're using drugs and you're carrying a child, it's just like that child is using drugs.

[00:25:01]And when children are born addicted to meth, a vic- addicted to heroin, and all of that, they have withdrawals. And the only difference between their withdrawals and their and adults' withdrawals, they don't know why they're in pain, and those babies and everybody should get a chance to go to the hospital and volunteer because those babies just scream incessantly.

[00:25:30]And they're in pain, and there's no no amount of rocking that you can do to stop them from screaming because they're born addicted to drugs, they're having withdrawals, and then they want drugs, but they don't know what they want. And giving them milk, rocking them, doing the skin-to-skin contact does not soothe them because they want drugs.

[00:25:52]So, with regard to your client, I now understand why there were issues with him and why he was not allowed to return to school at ninth grade because he was born addicted to drugs, and nobody knows.

[00:26:07]They have sort of an idea of what the drugs will do to your brain, but not really. So, nobody knows what that will do to your brain. So, the state has agreed to do a cap of six years, and what I can tell you from reading the police report, it appears that the co-defendant is saying that someone owes him money or owes him something, and instead of causing calling the police, this co-defendant goes out to take that person's motorcycle, which that person didn't end up with the motorcycle, and he brings your client along to get this motorcycle. You're already correcting me. Well, I saw it. So, do you want to argue with regards to the cap of six?

[00:26:53]>> I would, Your Honor. You may. Yes.

[00:26:55]>> May it please the court. Um, in speaking with my client and speaking with his grandfather and his mother, um, I know that, uh, in the fact pattern, Mr. Guillory was a follower, a a hanger-on, and and he was with other individuals and found himself in a situation as either an accomplice or really not what's going on. He understands the severity of his actions, but we were wondering if you would possibly do a downward departure from the six years.

[00:27:22]Um, I know Mr. Guillory has has been a cooperative, uh, individual with me. He's been able to, uh, go over the fact pattern with me and go over all the stipulations. So, at this time, we'd ask if the if the court would have a downward departure in any way. It would greatly be appreciated.

[00:27:41]All right. This is what the court is going to do.

[00:27:46]Uh, as previously stated, the court is finding you guilty as count one, counts two, and counts four.

[00:27:55]In each count, the court will sentence you to three years in the prison, give you credit for any time, sir. The counts will run concurrently.

[00:28:06]There's a $2,000 fine.

[00:28:08]Time and money will run concurrently.

[00:28:11]And there is to be no contact with Samuel Farias or Farias, F A R I A S. Is there anything else with regards to sentencing? No, Your Honor. Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Did you understand it and sign it? Yes, Your Honor. Because this 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.

[00:28:54]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 need to speak to an attorney. Do you understand? Yes, your honor. All right, we can go off the record. So, let me explain something to you.

[00:29:11]Any action that you're getting ready to take that somebody wants you to participate in, before you participate in it, call your great aunt who adopted you, and tell her, "This is what they're saying.

[00:29:26]Do you think I should go along with this?"

[00:29:30]Because people will involve people in things because sometimes the world is not a nice place.

[00:29:37]People don't care about your upbringing or what has happened to you. They will involve you in whatever they're trying to do.

[00:29:45]We can go off the record. I've had cases before as a defense attorney and as a prosecutor, you know what ends up happening?

[00:29:52]They used to call them saps, right?

[00:29:55]We'll let you go in and get the money. We'll let you go in and do this. And then they just sit and wait for you to come out, and if you get arrested, oh well, they leave you.

[00:30:06]And then you're stuck with all the charges. Do you understand? Yes, your honor. So, you had better recognize who loves you, who's there for you, and if you have a question on whether what Well, not even if you have a question.

[00:30:18]Any decisions you make, call your great aunt. You understand? Yes, your honor.

[00:30:23]All right, good luck to you.

[00:30:24]Your honor, may we be excused? Yes.

[00:30:26]>> Thank you for all your consideration.

[00:30:27]You're welcome.

[00:30:28]2023 CR10854 State versus Bradley Gallon. Can I have parties announce? Becky Alley for the state. Mario Moreno for the defendant.

[00:30:40]And are you Mr. Gallon? Yes, ma'am.

[00:30:42]Counsel, have you received all discovery? Did you review it with your client? Yes, your honor. Court will find that the state is in compliance with discovery. Mr. Gallon, did you review the application for deferred adjudication or community supervision with your attorney? Did you understand it and sign it? Yes, ma'am.

[00:30:58]Did you review uh the true bill of indictment with your attorney? Did you understand it? Yes, ma'am.

[00:31:06]Counsel, do you waive the reading of the indictment?

[00:31:08]>> Yes, your honor.

[00:31:10]All right, you're charged with taking certain wildlife without the consent of the owner of the land.

[00:31:21]That is a state jail felony.

[00:31:24]Range of punishment is anywhere from 180 days up to 2 years in the state jail facility and up to $10,000 fine. Did you understand?

[00:31:34]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 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?

[00:31:49]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. By entering this plea, you are giving up those rights. Did you intend to give up those rights and enter into a plea in this case?

[00:32:05]Did you understand that 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 and sentence you up to 2 years in the state jail facility and up to $10,000 fine.

[00:32:18]Did you understand?

[00:32:19]>> Yes, ma'am.

[00:32:20]Counsel, has your client been able to provide you with any defenses? He has, your honor. Do you believe he has a rational as well as a factual understanding of the charges against him? Yes, ma'am. I do believe he does.

[00:32:29]Do you believe he's currently competent was legally sane at the time of the offense? Yes, your honor.

[00:32:34]Sir, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No, ma'am. Anyone promise you anything other than the plea?

[00:32:42]No, ma'am.

[00:32:43]Are you satisfied with the way you've been represented? Yes, ma'am. Are you a US citizen? Yes, ma'am.

[00:32:49]Well, we'll find that defendant has knowingly and voluntarily waived his right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it? Yes, ma'am. According to the plea, punishment is to be assessed at a $1,000 fine.

[00:33:09]Uh the state is recommending deferred adjudication.

[00:33:12]They're taking into consideration 2024 CR0339.

[00:33:18]There's to be restitution of $60 to Bear County Laboratory in cause number 2024 CR 0339.

[00:33:28]There's to be a TAP evaluation and follow all recommendations. Did you understand that to be the plea? Yes, ma'am. Defense is at the plea?

[00:33:35]State is at the plea? Yes, Judge. Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Did you sign it in both places? Yes, ma'am.

[00:33:44]Did you understand by signing that you're waving your Thank you. 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? Yes, ma'am. Counsel, have there been any such motions? No, ma'am. Outside the agreement, the state is recommending that you defer adjudication be for 3 years and there be 120 hours community service restitution and a TAP evaluation. Did you understand those are recommendations from the state and the court does not have to follow those recommendations? Yes, ma'am. Then to the offenses charged, how do you plead?

[00:34:15]Guilty, not guilty, or no contest? No contest. State, any evidence? State offers takes exhibit one and all attachments at this time, Your Honor. No objections, Your Honor. All right, State, you may be excused. Thank you, Judge. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all all appropriate places? Yes, ma'am. Again, did you understand you have a right to jury trial, the 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.

[00:34:43]Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly there'll be no live testimony. Did you understand? Yes, ma'am. Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations.

[00:34:59]Court will accept into evidence state's exhibits one and attachments and the court will review the same.

[00:35:15]All right, after reviewing state's exhibits one and attachments, the court will find there's sufficient evidence to find you guilty. The court will defer to finding you guilty as you applied for deferred adjudication. Are you proceeding with sentencing? Yes, ma'am.

[00:35:28]All right.

[00:35:29]If you're drug tested today, what are the results going to be? Right now.

[00:35:33]All right, so why do you keep shooting arrows onto a neighbor's property when they've told you they don't want that?

[00:35:41]Um to be honest, judge, it wasn't my arrows, but I'll take the responsibility for that. Well, I mean, you don't have to take the responsibilities. If you're saying that you're not the person who killed the deer on their property after they've been complaining about arrows being shot on their property, then you can always go for for a jury trial. No, ma'am. That's I put that in a different situation, but no, ma'am. Yeah, I it was a target that was like on the fence line.

[00:36:11]It wasn't their property? Yes, ma'am. It was on my property. If it went past the target, we missed it and it would end up in their field.

[00:36:18]How many times do I have to tell you to stop shooting arrows on their property?

[00:36:22]Why don't you put that target on your house and shoot it towards your own house? Then if you miss, guess what?

[00:36:28]You'll hit your house. Yes, ma'am.

[00:36:30]So, they complain about that and they complain about people coming on their property to kill deer.

[00:36:39]That's what we're here for. We're here for you going on property that was not your own, shooting a deer, the warden comes out, finds two deer with their heads removed, right? And they've been shot by arrows.

[00:36:55]And they're saying that, too. And from reading the stipulation, there's sufficient evidence and that sufficient evidence is beyond a reasonable doubt that it was you. Yes, ma'am.

[00:37:06]So, why are you going on property that is not your own to kill deer?

[00:37:14]You're in the wrong crowd, ma'am.

[00:37:17]How old are you? I'm 38. You're 38 and you say you're running with the wrong crowd? Yes, ma'am.

[00:37:23]All righty. This is what Are you employed? Yes, ma'am. What do you do?

[00:37:27]I'm a mechanic.

[00:37:30]Is this your own business or somebody else's business? It's mine. All right.

[00:37:33]Court is going to sentence you to a $1,000 fine.

[00:37:38]Taking consideration 2024 CR0339, there's to be restitution of $60 to Bear County for laboratory testing and that's the drug case.

[00:37:55]Do you have any children? No. What are their ages? 16.

[00:37:59]One one son. All right. Does he live with you? No, ma'am.

[00:38:03]All right. 3 years deferred adjudication.

[00:38:06]There's 120 hours of community service restitution, regular reporting by Zoom and person or in person, regular random UAs.

[00:38:20]And probation, do they have where he can do community service hours at the animal shelter?

[00:38:28]All right, the community service hours are to be performed at an animal shelter.

[00:38:41]And make sure they have cameras.

[00:38:47]Proof of employment within 30 days, no employment as a home health care provider or with minors.

[00:38:57]TAPI evaluation plus follow recommendations.

[00:39:04]TAPI evaluation is to be in custody.

[00:39:09]Uh probation, is there anything else?

[00:39:14]Jail visits one time per month until further notice.

[00:39:19]Is there anything else you need to report? No, ma'am. Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Did you understand it and sign it?

[00:39:29]Because this 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.

[00:39:40]Do you understand?

[00:39:41]>> Yes, ma'am. All right, good luck to you.

[00:39:43]Thank you. You're going to be taken to custody, I'm sorry. Yes. Your Honor, your Honor, is it necessary for him to be taken into custody for the TAPI evaluation if he's tested clean?

[00:39:52]Yes, he's going to be taken into custody for the TAPI evaluation.

[00:39:58]Judge grants Bradley Gillan deferred adjudication for taking certain wildlife without the owner's consent, sentencing him to 3 years of community supervision.

[00:40:08]The judge questioned Gillan about why neighbors had to repeatedly tell him to stop shooting arrows onto their property, noting that sufficient evidence existed beyond a reasonable doubt that he killed the deer. All right, the court is calling 2024 CR6514 State versus Ruben Ibarra Solano Jr. Can I have parties announce?

[00:40:32]>> Megan Gallwey for the state. Alma Benavides for Mr. Solano. And are you Mr. Solano? Yes, your honor.

[00:40:39]All right, did you review the document entitled motion to revoke community supervision with your attorney and the first amended motion to revoke community supervision with your attorney? Yes, your honor. And did you understand it?

[00:40:50]Yes, your honor. Are you the same Ruben Ibarra Solano Jr. who was placed on community supervision in 2024 CR6514 for the offense possession of controlled substance penalty group 1 less than 1 g on July 30th, 2024 for a term of 3 years? Is that you? Yes.

[00:41:10]State?

[00:41:12]Um violation of condition number four in Bear County, Texas, the defendant Ruben Ibarra Solano Jr. did then and there fail to report to supervision officer as directed on 4/7/25 in violation of condition number four.

[00:41:33]How do you plead to that? True or not true? True, your honor.

[00:41:38]And we waive and abandon the remainder of the Any objections to the waivers?

[00:41:42]>> No, your honor.

[00:41:45]Did you understand by pleading true to violation of condition number four the court could find it true, grant the motion, and sentence you up to 2 years in the state jail facility?

[00:41:56]Yes, your honor. And up to a $2,000 fine. Did you understand? Yes. Knowing that, do you still wish to plead true to violation of condition number four? Yes, your honor. Court will find violation of condition number four true.

[00:42:12]Is there a proposed agreement?

[00:42:14]There is, Your Honor. It is for the court to grant the state's motion, where both the defendants community supervision, sentence him to 8 months in the state jail, and the state would be taking into consideration cause number 2025 PF24487.

[00:42:37]All right, and what is that offense? It is a possession of controlled substance PG1 less than 1 All right.

[00:42:46]Is that the agreement agreement proposed?

[00:42:48]>> Your Honor. It is. And we would also ask the court um to consider giving him credit for the time that he was at ISF from October 30th, 2024 through March 3rd, 2025.

[00:43:07]And did he successfully complete ISF?

[00:43:13]Yes, yes, Your Honor.

[00:43:14]Four months.

[00:43:18]Uh probation, was it successfully completed?

[00:43:23]One second.

[00:43:24]I believe it was, but I just want to make sure.

[00:43:35]Yes, sir.

[00:43:37]All right, are you asking the court to follow this agreement? Yes, Your Honor.

[00:43:40]Are you waiving your right to appeal?

[00:43:41]Yes, Your Honor. You want to raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?

[00:43:49]>> Yes, Your Honor.

[00:43:50]All right, you can lower your hand.

[00:43:52]State your name for the record. Ruben Ibarra Solano Jr.

[00:43:56]Why were you not successful in probation?

[00:43:59]Um I just uh I lost my dad in December of 2024, right before Christmas time or whatever. All right, so this is in April. This week. And then and then my mother got sick on me and in March.

[00:44:15]But this is you were on probation July 30th, 2024.

[00:44:21]That's when your probation started. Yes, yeah. And so your answer to I lost my father, my mom is sick, let me not be there for them, let me go do drugs.

[00:44:31]That was your answer. I got sick. I I I was hurt.

[00:44:35]I was hurt. My I just lost my dad a month ago. That's just right behind it.

[00:44:38]I was just hurt. Yeah, so your answer so so your answer was let me go use drugs because that will definitely help the help the situation.

[00:44:48]You made choices.

[00:44:51]And either you are going to stop using drugs or you're going to either either you're going to end up dead or you're going to end up in prison.

[00:45:01]That's the only two things that are going to end up happening.

[00:45:04]And your go-to when something traumatic is happening in your life can't be let me go use drugs.

[00:45:11]Your using drugs didn't help the people who were suffering because you lost your mom. Your using drugs didn't help your father who was ill.

[00:45:19]Now, is your father still alive? I lost him last Reverse. Is your mother still alive?

[00:45:26]All right, so your mom is still alive and you're not helping her because you're about to go into custody into an institution in due time.

[00:45:35]And when you still get out, you got to come back out and you got to use again.

[00:45:39]And then you're going to put that at your mom's door doorstep and how old are you? 44. You're 44 and your mom's going to have to support you because you're not going to be able to get employment. And your mom is probably going to let you come live with her because you're her baby. You're her mijo. Did I say that right? Yes.

[00:45:57]It's going to be oh, my mijo, right? And you got to come stay with her. You're not going to work, you're going to use drugs, you're going to look her in the eye, you're going to be dishonest with her and say, "I'm going to do better.

[00:46:09]I'm not going to use again." Then she's going to ex- expect that you're using and going to suspect that you're using, and you're going to look her in the eye and you're going to tell her story that's so believable, and she's going to want to believe it because you're her mijo.

[00:46:25]And then she's going to wake up one morning and you're going to have stolen from her because you're going to have to support her habit. So, either you're going to change or you're not going to change. But, if you choose not to change, don't put that on your mom's doorstep. Be the best person that you can be by writing her a letter and say, "Hey Mom, I got this great job. I'm working in the oil fields. I'll be able to visit you whenever I can."

[00:46:50]Then that way she'll think her mijo is doing excellent in the oil fields and she won't have to see you lose your way.

[00:46:58]You understand?

[00:47:01]All right. The court is going to grant the motion. Finish [clears throat] your 8 months uh in the state jail facility.

[00:47:10]Take into consideration 2025 PF24487.

[00:47:15]There's a $2,000 fine.

[00:47:17]The court will give you credit for any time served and credit for any time served uh for successful inpatient treatment.

[00:47:30]And let me just tell you, the reason why I'm giving you credit for in- the time you served inpatient is because legally I must. If legally I didn't have to, I wouldn't give it to you because it appears that you didn't learn anything.

[00:47:42]You understand?

[00:47:44]All right. I'm going to show you what's entitled trial court certification of defendant's rights to appeal.

[00:47:52]Did you review that with your attorney?

[00:47:54]Did you understand it and sign it? Yes, ma'am.

[00:47:56]All right, because this 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.

[00:48:04]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 be you'll need to speak to an attorney. And I'll suggest a therapeutic community as well. You'll have to request it and they will either either put you in the program or not, but it's to help you with any drug issues you may have. Do you understand?

[00:48:27]>> Yes, ma'am.

[00:48:28]All right. When you're released, if you can't find a place to stay or transition with your sobriety, if I'm still here, you come back here. I'll make sure you find a place for you. Um Urban Bible Ministry.

[00:48:43]I'm going to go to that place, too, for my All right, so here's the thing.

[00:48:47]You're saying good things right now. You need to hold on to that. And again, write that letter to your grandmother, I mean or to your mom, and tell her I got my life together. I'm going to be working in the oil fields and I will see you as soon as I can.

[00:49:05]Write her that letter.

[00:49:07]And then when you're clean and sober, drop in to see her so that she can see you and and know that you're doing okay.

[00:49:14]And then say, "I'm going back off to the oil fields." And once you have a track record of being sober, then maybe you can see her more often. You understand? All right, good luck to you. Thank you, ma'am. Thank you. Have a good one. Yes.

[00:49:30]Court is calling.

[00:49:32]2024 CR006945A, State versus Angles Alkhas Talbott. Can I have parties announce? Jason Garrett here for the state, your honor. Scott McCrum for Mr. Alkhas Talbott.

[00:49:46]And are you Mr. Alkhas Talbott? Yes, ma'am. Is that how you pronounce your middle name?

[00:49:51]>> Oculus. Oculus Talbot. It's two last names.

[00:49:54]All right.

[00:49:56]Counsel, have you received all discovery?

[00:49:58]>> Yes, your honor. Did you review it with your client?

[00:50:00]>> Yes, I did. Court will find that the state is in compliance with discovery.

[00:50:05]Mr. Oculus Talbot, did you review the true bill of indictment with your attorney? Yes, ma'am. Did you understand it? Yes, ma'am. Counsel, do you waive the reading of the indictment?

[00:50:14]>> Yes, your honor. State, are you proceeding on the indictment as presented?

[00:50:17]>> We are, your honor.

[00:50:19]Sir, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places? Yes, ma'am. Did you understand you're charged with murder?

[00:50:28]The range of punishment is anywhere from 5 to 99 years or life in prison and up to a $10,000 fine? Yes, ma'am. 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 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.

[00:50:51]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. By entering this plea, you are giving up those rights. Did you intend to give up those rights and enter into a plea in this case? Yes, ma'am.

[00:51:09]Counsel, has your client been able to provide you with any defenses? He has, your honor. Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:51:18]>> He does. Do you believe he's currently competent and was legally sane at the time of the offense?

[00:51:23]>> Yes, I do.

[00:51:24]Mr. Oculus Talbot, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No, ma'am. Anyone promise you anything other than the plea? No, ma'am. Are you satisfied with the way you've been represented? Yes, ma'am. Are you a U.S.

[00:51:35]citizen?

[00:51:36]>> Yes, ma'am. Court will find that defendant has knowingly and voluntarily waived his right to jury trial.

[00:51:42]Did you review the plea bargain page with your attorney? Did you understand it? Yes, ma'am. According to the plea, punishment is to be assessed at 30 years in the prison. There's an affirmative finding of deadly weapon and there are no applications. Did you understand that to be the plea?

[00:51:56]Defense? Yes, sir. State? It is, your honor. Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Did you sign it in both places? Yes, ma'am.

[00:52:06]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.

[00:52:19]Counsel, are there any such motions?

[00:52:21]>> No, your honor. Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest?

[00:52:26]>> No contest.

[00:52:27]State, any evidence?

[00:52:28]>> Yes, your honor. State's exhibit number one with all of its attachments. No objection. Did you review the waiver and consent to stipulations with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:52:40]Yes, ma'am.

[00:52:41]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?

[00:52:51]Yes, ma'am. Did you understand that today the state would be presenting evidence in the form of witnesses, statements, and police reports, but most importantly, there'll be no live testimony. Did you understand? Yes, ma'am.

[00:53:02]Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations.

[00:53:10]Court will accept into evidence state's exhibits one and attachments, and the court will review the same.

[00:53:17]All right, let's start again. So, um the court is finding that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations.

[00:53:27]Court will accept into evidence state's exhibits one and attachments without objection, and the court will review the same.

[00:53:34]All right, after reviewing state's 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? Yes, ma'am. Anything you wish to say on behalf of your client?

[00:53:46]>> No, your honor.

[00:53:47]All right, the court will follow your agreement, sentence you to 30 years in the prison. There's an affirmative finding of deadly weapon, and the court will give you credit for any time served.

[00:53:57]Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Did you understand and sign it?

[00:54:07]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.

[00:54:15]Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question of what a weapon or ammunition is, you'll need to speak to an attorney.

[00:54:24]Do you understand? Yes, ma'am. All right, so what date do you all want to bring this back for uh victim impact? Uh judge, uh at this point the state would be requesting July 29th, which is 1 week from today.

[00:54:36]Okay.

[00:54:37]I'll look at for the uh victims. It works for me, judge. All right, if you'll put a hold on him, please, for uh July 29th.

[00:54:46]We can go off the record. Sir, here's the thing.

[00:54:50]30 years is a lot of time.

[00:54:53]And with you, you're going to do have to do half the time before you're even eligible for parole.

[00:55:00]While you're there, you need to make some changes in your life. If you don't, what's going to end up happening is at some point you're going to be released.

[00:55:08]Right? Either you're going to end up serving the full 30 years, and if you serve the full 30 years, you'll still have more life ahead of you. The person that was killed, they have no more life ahead of them.

[00:55:19]You understand? So, while you're doing your time, sit and think about what you've done wrong in your life, and how you can change things to be a better person. You understand? Yes, ma'am. All right, good luck to you.

[00:55:33]We'll bring you back on the 29th. Thank you, judge. You're welcome.

[00:55:37]All right, the court is calling Cassandra Oberlander.

[00:55:42]Oberlander. Can I have the parties announced? Ducky Fitlock for the state of Texas, Your Honor. Rupert Ambercino for the defense. And are you Ms. Uh Oberlander?

[00:55:51]Counsel, have you received all discovery? Did you review with your client? Yes, Your Honor. Court will find that the state is in compliance with discovery.

[00:55:59]Ms. Oberlander, did you review the application for deferred adjudication with your attorney? Did you understand it? Yes.

[00:56:05]Counsel do waive the reading.

[00:56:09]I'm sorry. Did you understand it and sign it? Yes.

[00:56:12]Uh did you review the true bill of indictment with your attorney?

[00:56:15]Did you understand it?

[00:56:16]>> Yes. Counsel do waive the reading of the indictment. Yes, Your Honor. State, are you proceeding on the indictment as presented? No, we are not, Your Honor.

[00:56:23]We are proceeding for the lesser included attempted burglary of a building to make this a Class A misdemeanor. Any objection? No objection.

[00:56:36]Did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[00:56:42]All right, the state is proceeding on the lesser included offense of attempted burglary of a building as a Class A misdemeanor. The range of punishment is up to a $4,000 fine and up to 1 year in the Bear County Jail. Did you understand? Yes. 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 bargained for, the fact that you entered your plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? Yes. 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 are giving up those rights. Did you intend to give up those rights and enter into a plea in this case? Yes. Did you understand that the court would have granted your application for deferred adjudication?

[00:57:28]If for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 1 year in the Bear County Jail and up to $10,000 fine. Did you understand?

[00:57:38]I'm sorry, up to a $4,000 fine. Did you understand?

[00:57:41]>> Yes.

[00:57:41]Counsel, has your client been able to provide you with any defenses? She has, your honor. Do you believe she has a rational as well as a factual understanding of the charges against her? I do. Do you believe she's currently competent and was legally sane at the time of the offense? I do.

[00:57:56]Ms. Oberlender, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:58:01]>> No. Anyone promised you anything other than the plea?

[00:58:03]>> No.

[00:58:04]Are you satisfied with the way you've been represented? Yes. Are you a U.S.

[00:58:07]citizen? Yes. Court will find that defendant has knowingly and voluntarily waived her right to jury trial.

[00:58:13]Did you review the plea bargain page with your attorney? Did you understand it?

[00:58:16]>> Yes.

[00:58:17]According to the plea, the state is proceeding on the less included offense of attempted burglary of a building.

[00:58:23]State recommends deferred adjudication.

[00:58:25]There's to be uh restitution to How do you pronounce this? Aidy or Addy? Aida. Aida, A I D E Gregoria Ramos.

[00:58:40]And there's to be no contact with the same in the MRT. Did you understand that to be your plea? Yes, sir.

[00:58:48]Defense is at the plea. It is, your honor. Could we briefly go off the record on a issue that has been brought to my attention by probation.

[00:58:59]Probation has already uh given it to me.

[00:59:01]I'll address that at the appropriate time. Okay. Thank you. And that is our agreement.

[00:59:06]All right.

[00:59:06]>> Also, the state's recommendation of the agreement. All right. Did you review the waiver of appeal with your attorney? Did you understand it?

[00:59:12]>> Yes.

[00:59:13]And did you sign it in both places? 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.

[00:59:25]Counsel, have there been any such motions?

[00:59:27]>> There have not. Outside the agreement, the state is requesting that you community supervision before a term of 2 years, there be a tap evaluation, 100 hours community service restitution, and no contact with the complaining witness.

[00:59:40]Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:59:44]>> Yes. Then to the lesser included offense, how do you plead? Guilty, not guilty, or no contest? Not guilty.

[00:59:50]State, any evidence?

[00:59:51]>> State offers state's exhibit one and all attachments at this time, your honor. No objection. State, do you want to be excused?

[00:59:56]>> Judge.

[00:59:56]>> review the waiver and consent to stipulations with your attorney? Did you understand it and sign it in all the appropriate places? Yes. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call and the right to remain silent? Yes. Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there'll be no live testimony. Did you understand?

[01:00:22]>> Yes.

[01:00:22]Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and review the same.

[01:01:24]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.

[01:01:32]We When will you be back in uh Colorado?

[01:01:38]Uh tonight.

[01:01:39]All right, so we're going to uh reschedule this for sentencing. And the sentencing, if there's no objection, will be done by Zoom.

[01:01:47]There's no objection. No objection. All right, Miss Ferguson.

[01:01:52]Recall this for sentencing on July 24th.

[01:01:54]It'll be by Zoom.

[01:02:02]Is there anything else? Uh no, your honor. All right, thank you.

[01:02:05]Judge defers finding of guilt for Miss Oberliner on the lesser included offense of attempted burglary of a building, a class A misdemeanor, and schedules sentencing for July 24th to be conducted by Zoom, allowing her to return to Colorado that night. The state recommended 2 years of community supervision with a TAP evaluation, 100 hours of community service restitution, no contact with the complaining witness, and restitution to Aid Gregoria Ramos.

[01:02:34]The court accepted the plea agreement with no objection from either side, and the defendant confirmed she understood her rights and was satisfied with her representation.