When a probationer fails to comply with court-mandated conditions such as sex offender registration requirements, reporting obligations, and geographic restrictions, the court has the authority to revoke probation and impose the original prison sentence, as demonstrated in this case where a defendant who failed to report to her probation officer since January 2025 and fled to Florida despite having an active warrant was sentenced to two years in the Texas Department of Corrections.
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Judge West DELIVERS Brutal Justice as Probation Violator Gets What's ComingAdded:
Okay, this is cause numbers 223910 0 and 2239101.
Are you Leticia Tibo?
>> And Miss Tibo is on currently on probation for failure to comply with sex of registration in each of these cases.
I I looked this up. I think there may be and Miss Simon's here. This um update report says two 10-year adjudicated probations, but it was a 2-year term. It >> was two over five.
>> Two TDC over five. Correct.
>> That's where that was.
>> Okay. Just making sure. Um and so so Miss uh Tibo was previously here.
Entered please of true to counts two and four in the motion to revoke probation.
And I've received the updated prescendence report. Have you all received that updated report?
>> State has >> any additions or corrections to that other than the one that I already made?
>> No state.
>> Um and there was no agreement. Is there any evidence with regard to the other counts, Mr. Hawk Power?
>> Any new meaning failed to register?
>> I don't know. She pled true to counts two and four. So there's obviously some other counts. Do you have any witnesses or evidence with regard to those other counts? We're going to pull abandon those counts. We just proceed on the fourth.
>> Okay.
>> Other than I I can call my probation officer, but I like her opinion.
>> Okay. So, I guess the new there was an arrest in >> it's in Florida.
>> Palata.
Palata, Florida. [snorts] Okay.
Hold on a second. Let me [clears throat] [snorts] [snorts] >> [snorts] [snorts] >> Okay. So, count one.
Why don't you have any evidence with regard to count one if your probation officer's here?
>> She we can call. I'm sorry. All judge.
>> Ma'am, would you please raise your right hand? Do you swear affirm? The testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth. So, help me God.
Thank you. You may proceed.
>> Uh, please state.
>> How Miss Are you the probation officer?
>> I am.
>> Okay. And how [snorts] long have you been officer?
>> Okay. And throughout the time that you've been a uh probation officer, has she complied?
>> In either one of the cases, >> speak up, please. I'm sorry.
>> No, she has not.
>> She's not.
>> Okay. What in what does she not?
>> Has she not Was she allowed? First of all, was she allowed through her probation here in Texas to venture out of the state and be in Florida?
>> She did not.
>> She wasn't allowed.
>> Is she allowed through her reporting as a sex offender to move for you?
[snorts] >> Is she allowed to leave? [clears throat] >> No, >> she she pled true to that. Count one is that she has not reported since January 27th of 2025.
Is that true?
>> She is true.
>> And intermittently or she has fully not she's been called.
>> She is okay. Since that day >> or sorry 90 days after that January she's been >> okay. And since she reported since the time when she was arrested, >> have you spoke to her at the jail?
>> At the jail.
>> All right. Did she give a reason for why she had reports?
>> She did not.
at this time. Uh, passion.
>> Okay. I also would like to know, Miss Simon, were you able to confirm in any way the arrest? Obviously, there's she's going to say she didn't do it and that's okay. But if she was actually just whether an arrest happened in Florida report, do you have a problem call you have a school office?
Okay. For what crime was she?
>> Um, there's two.
>> I think one was that she fed in an obstruction by disguise first.
>> Was all the same incident?
>> Yes.
>> What date did that occur? According to the office, >> June 29th, 20.
>> And were both those committed? against [clears throat] committed. Your honor, I don't object to her listing evidence as far as an arrest as far as the actual commission if it violated.
>> Did the allegation occur?
>> Yeah, the arrest >> the arrest occurred while >> and those haven't been resolved.
Not >> yes.
>> She initially failed to report in January. Is that right? 2025.
>> That was the last face to face contact I had.
>> January 2025. Then arrest June 29th of 2025.
>> Yes.
So February, March, April, May, June, five days to report and she went into obsconder status. March of 2025 would >> be April.
>> April 90 days after >> 90. So April 2025, she became ancer. Two months after that, she was arrested in Florida. Is that right?
>> Right.
So, you were aware she was in Florida, which they when were you made aware that she was in custody?
>> I received a phone call from somebody that let me know that she was in she was arrested and in jail in Florida and then that's when I rece there was an MTRP entered into NCIC after April. Was there an MTP and that's why Florida advised you there was an active warrant?
>> There was active warrant she was arrested, >> right? And that warrant popped up June.
>> So from June 29th to today, she's been in custody. Is that right?
>> So >> anything she's in custody from June 29th today >> that I don't care. That's not her fault that she didn't report, >> right?
>> Uh, [clears throat] as far as supervising her, she has reported, you say inconsistently, that means she has reported >> some, right?
>> Correct.
>> During the times that she has reported, you've been able to interact with her appropriately. Did she maintain proper demeanor or that type of thing?
>> She was Yes, but she was consistently late. I had to reschedle her several different times to get her off.
[clears throat] >> Uh, have you have you had any other difficulties with her as far as just the maybe perhaps being late with the scheduling as far as your interactions with her? She maintain appropriate >> the interaction appropriately with >> Yes.
[clears throat] Would you object to continuing the supervisor?
>> Why is that?
>> She I my person has sees her probation as a priority. Uh she has been on probation since 2022 and has made no progress in regards to her. She did some community service and that's >> when you say progress, how do you measure progress?
satisfying her core orbit conditions >> and how she fallen short other than the reporting and fees and fees and service.
>> So is this correct in the hold on a second hold on is in in the updated report it states that since she was granted supervision she's been has reported six times for scheduled office visits. Is that a correct number?
six times since 2022.
>> I have another question.
>> Let's let Mr. Kimler finish.
>> [clears throat] [snorts] >> If she were to be extended, which the court has the power to do, I mean, you would continue to supervis anything of that nature. And I understand she's only recorded six times as the judge indicated.
you see kind of programs or other things the profession could do [clears throat] for her maybe perhaps to get her on the right track.
>> I think the only other option would be a cognitive bias with this one. Your honor, uh is this the first time that we've been here on these two cases for a motion?
>> No.
>> Okay. There was another time back in 2024 in which we had a hearing similar to this. not me especially [clears throat] with the attorney, but she was brought in on a motion to vote and her probation was amended and she was given 30 days in JCC and she was continued on and she was added to the to the middle of the case right >> the highest case she didn't report enough to be transferred over to the high case >> so this is not even the first time that we've been here on this on similar val [cough] that was a year in 2024 we did the same David, is that correct?
>> I might follow up on that. I believe in the previous NTRP, uh, she had a motion to revoke. She was had federal charges. Is that right?
>> Correct. [clears throat] >> The NTRP was filed after she received the federal charges, >> I believe. So, yes.
>> She was housed supervising her. as well.
>> Do you know if detainer is placed on her for that while she was in federal custody?
>> I did.
>> Did she do actually do federal time while she was on probation for this case?
>> That is why they attended.
[clears throat] >> So she received I think about a year sentence federal court from this prison felony. Is that consistent with what you know?
>> One year of federal probation.
>> She was prison. She was locked up.
Right.
She got probation.
>> She had one year federal probation.
>> Probation from Miss Prison or you know what the offense was? I >> thought it was a concession.
>> Anyway, she she received a year of federal probation. So she was not revoked and was allowed to serve the probation currently.
>> Correct. So during the period that she was on federal probation for that year, do you know if she was reporting to a federal probation officer? Any issues with federal probation you're aware of?
>> According to that, she successfully completed >> and that was at the same time that she was on probation with Jeff County.
>> Was she reporting to you during that time period as well? What was her reported record during that period? I guess it's probably back in 2024.
>> Well, she's reported six whole times this since. So [clears throat] obviously it wasn't great even when it was then.
>> But she was being supervised at least during that period federally was able to successfully complete that probation.
Correct.
>> Does that indicate to you that perhaps she can successfully complete their account probation? She was sufficient.
>> She has the ability to [clears throat] whether or not she has the motivation or the want to do so. I pass.
>> All right. Any other questions?
>> No.
>> All right. Thank you, Miss Simon. Any other witnesses?
>> I would I would defer to Miss Tiana. She wanted to address the court. I think she has uh wrote written to the court and that letter's incorporated in the PSI.
>> I received it and read it. Anything else?
>> You know, I mean, yeah, I was I did fail to record it sometimes. It was hard to schedule, but a lot of it had to do with my mother being sick and I brought my mother sick to her office with me multiple times because I didn't I wasn't able to just stay with where she was at.
I brought her when I could. I mean, she's now, but at that time frame after, >> but I mean, we're talking about since 2022.
>> I was in facility for a year and a day.
[snorts] >> Okay. All right. So, so here's the thing. I'm not even sure where this agreement came from and why I accepted it in the first place because giving somebody the minimum of two on a probation. So, I have really no nothing to do hardly on this. Um, but Miss Tibo, I mean, you you've been given every opportunity over the last four or five years to do everything you're supposed to on this probation, and you've refused to do that. you flat out refused and everybody we have all have different issues that go along with parents and family members and things that go wrong and instead of I mean it looks like I I think the thing that one of the things that concerns me the most is that you called June 2nd asking why the police went to your home June 2nd you called and so your probation officer said there's a warrant because of your violations on June 2nd Then you went to Florida and got arrested for two new offenses without registering, without obviously telling anybody where you are and the type of probation you're on, the offense that you're on probation for.
That's probably the number one thing that you should do. So fleeing the state when you know that there is a um warrant for your arrest uh gives me no reason to leave you on probation. Uh unfortunately, I think for me and for the community, the most I can do is two years. And so that's what I'm going to do. I'm going to find uh based on the evidence today that counts one and three are true. So I'm going to find you entered your pleas of true to two and four freely and voluntarily find all four counts true. Find sufficient evidence to revoke your probation and cause number 223910 0. Revoke your probation. Sentence you to a term of two years in the institutional division of the Texas Department of Corrections. You do receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
And cause number uh 2239101.
Also find sufficient evidence to revoke your probation and at this time revoke your probation, sentence you to two years in the institutional division of the Texas Department of Corrections. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
These cases will run concurrently, which means together at the same time. You need to un sign that, please. I'm handing you the trial court certification that shows there was no agreement. You do have some rights to appeal. You can talk to Mr. Kimler about that and he'll give you a copy of that as soon as you yall get it signed. Thank you for being here.
[music]
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