Judge Boyd SHOCKS Defendant With Jaw Dropping Sentence After Courtroom Admission!

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[00:00:05]All right, [music] are we here for sentencing? I believe so, Judge. We had reset it for a couple weeks. Uh for sentencing only. I didn't know if that means there would be a tap evaluation or not, but apparently not, so Well, on this case it would be I think you all both parties agreed to provide the court with a NCIC IC Oh, well, I guess that would be the state cuz I certainly don't have access to that.

[00:00:33]Because I believe that the state is silent. Right.

[00:00:38]If I'm not mistaken, Judge, her history is with some misdemeanors.

[00:00:48]Sure. I want to get I think it's All right, uh court is calling 2024 CR5145 State of Texas versus Missy Anna Torres.

[00:01:08]Can I have parties announced for the record for the state? Here's your honor.

[00:01:11]Robert I'm sorry, Robert Barnes for Miss Torres. And are you Miss Torres? Yes.

[00:01:16]All right, you need to uh speak up so the court reporter can hear.

[00:01:20]All right, we're here for sentencing today.

[00:01:22]According to um the plea bargain agreement, she played no contest to count two of the indictment. She applied for deferred adjudication.

[00:01:31]Uh the state is proceeding only on count two according to the plea bargain agreement. Punishment is to be assessed at 6 years in the prison, and the state is silent on defendant's application.

[00:01:42]Uh the court requested that um the defendant's criminal history be provided to the court.

[00:01:50]Uh there were no objections uh to the court receiving that from the state. Is that correct?

[00:01:56]>> Correct. Uh and any objections to the court reviewing that?

[00:01:59]>> No, Judge, of course not.

[00:02:07]Right, next.

[00:02:08]Thank you, State.

[00:02:12]All right, the state is silent. Is there anything you wish to say on behalf of your client? Judge, of course Ms. Torres is hoping you'll grant her application for deferred uh, she's in uh, self-employed uh, cleaning houses. She has several customers that rely on her.

[00:02:26]She has a few kids.

[00:02:28]Um, >> [clears throat] >> she's just asking uh, for some the court to maybe direct her to some outpatient treatment because she believes she needs some help uh, with this problem and uh, other than that again she's just hoping you'll grant her application. All right, turn and raise your right hand for me, please. Do you solemnly swear and affirm the testimony you give will be the truth and nothing but the truth, so help you, God? Yes, ma'am. All right, you can lower your hand. State your name for the record.

[00:02:53]>> Missy Torres. Missy Ann Torres.

[00:02:55]All right. So, you're going to get drug tested today. What are the results going to be? They will come back a positive.

[00:03:01]Positive for what?

[00:03:02]>> Medication, so I kind of >> I'm sorry, what? I could get denied the application. So, I just kind of was I was kind of um, I didn't do it when I'm under stress.

[00:03:13]So, I know I have a problem and I don't do it like around my children. I don't do it you know, every day. It's just you know, when I'm under stress that I am nervous, you know, really scared. So, I'm really under stress. So, I don't do it when I go to work. I don't do it, you know, every day like I said. All right, so how many children do you have? I have three. What are their ages? 11, 8, and 5. And where are they now?

[00:03:37]Um, two of them are with their dad and one is with my grandma.

[00:03:40]All right. With your grandmother, so their great grandmother? Yes, ma'am. All right.

[00:03:45]So, uh, do you help take care of your children? Yes.

[00:03:52]How often?

[00:03:53]Um, I see them every other weekend and um I pay I don't pay child support, but I pay them.

[00:04:00]My ex is and I have my daughter. My daughter is with me.

[00:04:04]No, you just said your daughter is with the great-grandmother.

[00:04:07]>> with my grandmother. This is what I'm saying. All right.

[00:04:10]I help take care of her. It's me take care of her. Okay.

[00:04:14]So, one, I don't think it's appropriate for you to be cleaning houses.

[00:04:18]Okay. Because of the nature of this offense and two, I don't think it's appropriate for you right now to be taking care of your children.

[00:04:27]That's why I'm asking for help now. I'm sorry, what?

[00:04:29]>> That's why I was asking for help now.

[00:04:31]That's why I was asking. All right, your help is not going to be outpatient treatment if I grant this application for deferred adjudication. So, you're going into custody today. Okay. All right. So, it's just a matter of what I'm going to do with you.

[00:04:44]I will tell you the court's issue and if you want to address this, I know the state is proceeding on account two of possession, but she had a lot of drugs with her.

[00:04:59]Mhm?

[00:04:59]No.

[00:05:01]So, I don't understand if you're working homes, then why do you have a scale with you? Cuz that's according to this, you had drugs, you had a scale in your purse and there were baggies totaling 32.0 g.

[00:05:23]Well, you're not um I was a heavy user back then and it was Oh, you're not I tell you what, I don't think and if I'm wrong, correct me, I don't think you were using 32 g. What you pled to in count two was a possession 4 to 200 g. So, this is not a possession 1 to 4. So, we're talking about um 27 g and according to the stipulations that what was found in your back it says I searched her back and inside a Paris Hilton makeup back box were baggies a scale and crystal-like substance inside a cut vacuum sealed back.

[00:06:10]That's from your Paris Hilton makeup back.

[00:06:15]So the what I had the the meth was in it was double bagged in the sandwich bag.

[00:06:19]So yes, I I know it was 20 but it's because I was that was my personal. I didn't have any other and last time I went they tried to only give me a which was 14 g so I had to No, what I'm telling you is they said the baggy found in Robert's pocket tested positive for meth and had a field weight of 6.12 g.

[00:06:43]>> mine. No, no, no. I'm not saying that was yours. So the 6.12 g that were found in his pocket they're saying that was his. It was in his pocket. But the baggy which was found in Missy's purse tested positive for meth and had a field weight of 32.09 g. Now mind you what they do in the field I already know that testing drugs in the field are not legal for court. So I'm not considering the weight and what they said in the field I'm considering what has been given to me for laboratory report. So this was the professionals testing it not a presumptive and it says 27.459 g were I used to use a whole ounce within two to three days. So I was a heavy user and they like I said they tried to give me half of that the last time and I right now it's going for 250. So if I'm paying 250 I wanted the whole thing. I wanted to make sure I'm just being honest and I'm sorry. Excuse me for being No, see I want you to be honest and I want you to be transparent.

[00:07:46]>> I'm sorry for being transparent, but it's um something that I feel like I work for my money and I I didn't want just to get ripped again and I can promise you I didn't sell anything. It was because I've been ripped many times.

[00:07:59]So I did get it. Now it was double bagged because I don't know that's the way they gave it to me. Um I can't and it is my mistake and I'm taking full responsibility, but I'm I wasn't selling drugs that were mine.

[00:08:11]I guess [clears throat] I have a job and I only back then I was, you know, a heavy user where I was I would just do it before work after work, but and I didn't have my children in my life. Now I do have my children back in my life and I'm trying to be a good mom. So I thank you for, you know, giving me an impatient program. Well, no, no, no. I'm not saying I'm going to give you impatient. What I'm saying is that you're not walking out of this courtroom today. Either you're going to be going to prison or either you're going to be going to impatient treatment. So it's very important that you be 100% honest with me because I'm telling you the state proceeding on a possession, but the amount of drugs you had and the way they were packaged, that's concerning. So I would use within two to three days I would that was all my personal. Um Like I said, they tried to sell me half of that one time and I went back to the same person, but I said I'm going to weigh it myself to make sure I'm getting the right amount because it was it's it's just it's automatic. I'm sorry. I am and um we're not So you travel with your own scale. Well, at the time I did because like I said, I've been ripped and it's when you're not like it's all you think of just how to get, you know, make sure you're getting what you need.

[00:09:24]And honestly, I can see where I made my mistake, but I won't [clears throat] This is I'm being honest with you. I just it was my scale to measure, so I my personal.

[00:09:33]That's it.

[00:09:34]And I wouldn't I don't know if Robert would say Robert would tell you that was my personal as well. Like I mean I don't want to call him or anything but for you can if you want to, but he would tell you that was that's why I used to pick every up Oh no, I'm I'm not going to be calling Robert because Robert probably has a case of his own. Right. I'm saying Robert can tell you too that I within 3 days maybe 2 to 3 days really it would have been gone and I would have been back to needing again again. Now I don't It was kind of like a stress thing.

[00:10:05]All right. Where did you get your drugs to use today before you came to court?

[00:10:09]Um just an old friend. I just I hadn't talked to him since you know, and I it was on Saturday when I knew it was you know coming and I just I guess I felt you know I don't know.

[00:10:27]If If Yeah. Say something. I think the fact that she that she would actually go out and and do the same drugs that she's about to get sentenced for in a couple days I think really speaks to the fact that she's has a serious addiction problem that I think only rehab can treat and and if you decide that's ISF or SATP or SAFP we understand that but I think she really needs treatment. Okay.

[00:10:54]All right. This is what the court is Is there anything else for me to sign?

[00:10:58]All right. This is what the court is going to do.

[00:11:00]Uh I see that she hasn't been to prison before. I'm going to find her guilty, sentence her to 6 years in the prison, the therapeutic community. There should be no contact with Robert Marble, give her credit for any time served and I'll retain jurisdiction.

[00:11:15]Okay. All right.

[00:11:17]Uh and you can explain to her what that means. Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Did you understand?

[00:11:26]Because this is a plea bargain agreement because I followed your plea bargain agreement and because you waived your right to appeal you do not have the court's permission to appeal. Do you understand?

[00:11:34]>> Yes, sir. 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, sir. All right, we can go off the record. I'll tell them. So, here's the thing. When I say that I'm going to retain jurisdiction, what that means is they're going to take you to prison.

[00:11:54]If you're following the rules at the prison, if you're working on yourself because they have programs at the prison, your attorney can file motion.

[00:12:02]It's called shock probation.

[00:12:04]Uh back when I was growing up, they would have scared straight programs. So, shock probation is sort of a scared straight program.

[00:12:12]So, hopefully when you go to prison, you will clear your mind doing what you're supposed to do at the prison. If there are no bad reports at the prison, when your attorney comes back for a request for shock probation, I will strongly consider it. So, while you're at the prison, you have 180 days. That's when he needs to bring it back before me before that time period. So, you're going to do 6 months.

[00:12:41]And if you are doing well, if there are no write-ups against you, uh then the court will strongly consider giving you probation. You understand?

[00:12:53]Yes, ma'am. So, well, I mean, it's going to be these are going to be choices that you make. It's going to be completely up to you whether or not I strongly consider giving you probation. Your attorney will uh explain it to you further, but any programs that they have at the prison, like the therapeutic community to address your issue, you need to take it.

[00:13:15]I know they have parenting classes at the jail. I don't know how long the transfer will be, but you need to take advantage of that. When you see people come before me and they've gone to anger management class, they've done parenting classes. They've availed them self of everything at the jail and everything at the prison. That is what you need to do.

[00:13:34]You need to immediately sign up for it.

[00:13:37]If for some reason there's overcrowding and they don't give it to you, it would be better for you to have signed up for it than to just throw up your hands and say I'm not trying. Do you understand?

[00:13:46]And next time if you have a case before any judge don't use before coming to court. You understand? But I do appreciate your honesty, but you're going to have to get your life in order. Otherwise, children is going to be without their mom. You understand?

[00:14:03]All right. Good luck to you. You're welcome. Thank you.