The Crime He Did Even His Lawyer Couldn't Justify It — Judge Sentences Him Instantly

Hinzugefügt: 2026-05-31

[00:00:00]All right. The court is calling 2022 CR8531, State of Texas versus Ernest Alderete.

[00:00:07]Can I have parties announced for the record for the state?

[00:00:09]>> Ryan Grimmer for the state of Texas.

[00:00:11]>> For the defense, >> Kathy Compton from Mr. >> And are you Mr. Alder?

[00:00:16]>> Yes, ma'am.

[00:00:17]>> All right. Council, I'm showing you the discovery acknowledgement. Have you received all the discovery in this case?

[00:00:21]And did you review it with your client?

[00:00:22]>> Yes, I have.

[00:00:23]>> Court will find that the state is in compliance with discovery. Mr. Adoret, I'm showing you what's entitled True Bill of Indictment. Did you review that with your attorney? Did you understand it?

[00:00:32]>> Yes.

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

[00:00:35]>> Yes, we do.

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

[00:00:38]>> Judge, we're waving one of the two repeater uh enhancement allegations. I don't know if it's notated in the plea paperwork. Which one?

[00:00:46]>> Let's see.

[00:00:46]>> I believe it was the second one. I don't remember correct.

[00:00:52]as well.

[00:00:54]>> Yes, it appears that the second one is being waved.

[00:00:56]>> We'd wave the second enhancement allegation, judge, and proceed on the first enhancement allegation, making this a first-degree felony.

[00:01:04]>> Any objection?

[00:01:05]>> No objection.

[00:01:11]>> All right, Mr. Alterete, I'm going to show you what's entitled Court Admonishments and Defendants waiverss and affidavit of admonitions. Did you review that document with your attorney?

[00:01:19]Did you understand it? And did you sign it in all the appropriate places?

[00:01:23]>> Yes, John.

[00:01:23]>> All right. Did you understand you're charged with aggravated assault with a deadly weapon? Normally, the range of punishment offense is anywhere from 2 to 20 years in prison and up to a $10,000 fine. Do you understand?

[00:01:34]>> Yes.

[00:01:35]>> If [snorts] the state is able to prove that you've been uh previously uh convicted to another uh offense, then the range of punishment will be that of a first-degree felony. And that range will be anywhere from 5 to 99 years or life in prison and up to a $10,000 fine.

[00:01:51]Did you understand?

[00:01:52]>> Yes.

[00:01:53]>> Did you understand? If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement. If for any reason the court does not follow your plea bargain agreement and gives you more than you 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?

[00:02:09]>> Yes, your honor. 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?

[00:02:18]>> Yes.

[00:02:19]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:02:23]>> Yes, your honor.

[00:02:23]>> And did you intend to give up those rights and enter into a plea bargain agreement in this case?

[00:02:28]>> Yes.

[00:02:28]>> Council, has your client been able to provide you with any defenses?

[00:02:31]>> Uh, we've discussed the case and yes, we've discussed possible defenses.

[00:02:36]Right.

[00:02:36]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:02:40]>> Yes, I do.

[00:02:41]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:02:44]>> Yes, I do.

[00:02:45]>> Mr. Alder, has anyone threatened you, Corus? Do you place you in fear to get you to enter this plea?

[00:02:50]>> No.

[00:02:50]>> Has anyone promised you anything other than the plea bargain agreement?

[00:02:53]>> No, your honor.

[00:02:54]>> Are you satisfied with the way you've been represented?

[00:02:56]>> Yes, ma'am.

[00:02:57]>> Are you a US citizen?

[00:02:58]>> Yes, your honor.

[00:03:00]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Showing you the plea bargain agreement. Did you review that with your attorney? Did you understand it?

[00:03:08]>> Yes.

[00:03:09]>> According to the plea bargain agreement, you would agree that you've been previously convicted to one felony for enhancement purposes. Punishment is to be assessed at 15 years in prison.

[00:03:18]There's an affirmative finding of deadly weapon and no applications. Did you understand that to be the plea?

[00:03:23]>> Yes.

[00:03:23]>> Defense, is that the plea?

[00:03:25]>> It is.

[00:03:25]>> State, is that the plea?

[00:03:26]>> It is, judge.

[00:03:27]>> Next, I'm showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places? Yes.

[00:03:35]>> 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?

[00:03:44]>> Yes.

[00:03:44]>> Council, have there been any such motions?

[00:03:46]>> No.

[00:03:47]>> Then to the offense as charged in the indictment, how do you plead guilty, not guilty, or no contest?

[00:03:51]>> Guilty.

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

[00:03:53]>> Yes. Judge, state would offer states exhibit number one.

[00:03:56]>> No objection.

[00:03:57]>> Mr. Alter, I'm showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney?

[00:04:04]Did you understand it? And did you sign it in all the appropriate places?

[00:04:08]>> Yes, ma'am.

[00:04:09]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent?

[00:04:17]>> Yes.

[00:04:18]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:04:28]>> Yes, your honor. Court will find that defendant has knowingly involuntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments with regards to the enhancement allegation. I need to know if it's true or not true. It states and it is further presented in and to set court that before the commission of the offense alleged above hearing after style the primary offense on the 27th of April AD 2005 and cause number 2005 CR 3244W in Bear County, Texas. The defendant was convicted of the felony of robbery. Is that true or not true?

[00:05:06]Court will review states exhibits one and attachments.

[00:05:48]All right. After reviewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty. The court will find you guilty.

[00:06:07]The court will find the enhancement true based upon states exhibits one and attachments in your plea of true. Are we proceeding with tendency?

[00:06:14]>> We're asking to do so. Anything you wish to say on behalf of your client?

[00:06:18]>> Your honor, I just ask that you follow the plea bargain agreement.

[00:06:22]>> All right. The court will follow your agreement, sentence you to 15 years in the prison, give you credit for any type served. There's an affirmative finding of a deadly weapon.

[00:06:33]I'm showing you what's entitled trial court certification of defendants rights to appeal. Did you review that document with your attorney? Did you understand it? And did you sign it?

[00:06:41]>> Yes.

[00:06:42]>> All right. Because this is a plea bargain agreement. Because I followed your plea bargain agreement, because you wave your right to appeal, you do not have the court's permission to appeal.

[00:06:50]Do you understand?

[00:06:50]>> Yes, ma'am.

[00:06:51]>> All right. And 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 do understand?

[00:07:01]>> Yes.

[00:07:02]>> All right, Mr. Alderie. Good luck to you. Okay. Try to do better.

[00:07:05]>> Thank you. You're welcome.

[00:07:06]>> All right.

[00:07:10]All right. Anyone else ready?