In criminal court proceedings, defendants must knowingly and voluntarily waive their constitutional rights—including the right to jury trial, the right to cross-examine witnesses, and the right to remain silent—when entering a plea bargain agreement. The court ensures defendants understand the consequences of their plea, including potential prison sentences, fines, community supervision requirements, and the permanent record resulting from the conviction. Plea agreements typically include specific conditions such as drug testing, community service hours, restitution payments, and restrictions on certain types of employment or associations.
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Judge Boyd's Docket From May 26th, 2026 - Vikky's Court WatchAñadido:
Fernando Trillo.
>> All right. So, what is the status of his federal custody?
>> He has a jury trial scheduled for August the 9th.
And uh Kevin Collins is now representing him. So, >> all right. Uh Norma.
>> Yes, sir.
>> Can you set this in >> Well, let me ask you this. Where are you all on discovery?
>> All discovery has been completed a long time ago, Judge. It's just he's in federal custody. Yeah.
>> So, have you all done an acknowledgement or discovery?
>> Yes.
>> Probably about two years ago.
>> Years ago. All right, Norma.
>> Yes.
>> On this one, if you'll set this for jury trial in November.
>> Okay.
>> And then of course, if he's still Yeah.
anticipating >> Josh, >> my understanding in federal court that this case may this jury trial may not go until January, February next year. Okay.
But we'll we'll look for the court. And I believe that uh Neil Kappas represents my other case.
>> I can do a November third.
>> Oh, so we're just doing things a week for my birthday. Okay.
>> November.
>> No, no, no. We're good. I'm just joking.
>> Okay.
>> Yeah. Don't do that. It's my granddaughter's birthday.
New York.
>> Okay. Thanks.
>> Yes.
Uh Timothy Bar.
>> Hi. Come down. Oh, come on.
>> Hello.
>> All right. On this case, Norma.
>> Uh set this after uh May.
>> He's scheduled in magistrate's court on May 7th.
>> Yeah. May 7th. That's when you have a status conference with the magistrate's court.
>> You're still waiting on the bank.
>> Yeah.
>> So, >> next year.
>> No, no, no. May. So, we're in May.
>> It's the 20.
>> Do you know what my sentence what my sentence is? Like how long the years of it is the years of this charge? I'm >> Yeah, you you'll need to speak to your attorney because I don't have your um indictment before me. So, I don't know if there's enhancements or anything like that.
>> All right. So, first >> Oh, you know what, Norma?
>> When I got here, >> Oh, sorry. Just give me one second, Norma. There's not an update in here with the magistrate court. Well, wait a minute. Oh, they have it for November 10th.
>> I think she gave it to me. It says right here. No.
>> All right.
>> So, Norma, if you'll set this >> at the beginning of December, please.
>> December. Yes.
>> Yes, ma'am. I can do uh let's do December 7th judge.
>> All right. And did they come back with um that he needs to be transferred to a facility?
>> Okay. All right. Thank you.
>> All right. So, I'll see you back on December.
>> December.
>> Yes.
>> Okay.
>> But the mattresses court will see you sooner than them.
>> Okay.
>> All right. Thank you.
Thank you much. Bye. Bye.
All right. One. Martinez Melatin.
>> Where is he?
>> What page is this on?
>> Oh, I need to look for it.
>> Sorry, I'm trying to find you on the docket.
>> Senator Martinez, I think. Maybe. Oh, >> I don't know if you're looking.
>> It's the two last names. Martinez melaton.
>> Oh, one manual Martinez.
>> Yes, sir.
>> Um, state.
>> Yes.
>> This dismissal, it will probably be best to put it under the name that's listed in the Is this the name that's listed in the indictment? Uh that's the list that is on Odyssey.
>> All right.
>> On there.
>> Yeah. Here it's just listed as Juan Manuel Martinez. So you may want to look at the indictment to see what it's listed as because otherwise if I sign this dismissal, it may come back. Say that you're not this person council. Do you know what it's listed under in the >> as was the mad war? Yeah.
>> Under Juan Mustang from the indictment.
>> All right. So, you may want them to uh write another one and put his the name that's on the indictment.
>> Would you be okay if we just put an AK under there and just add >> Yes.
>> Yeah. The AK he has >> Oh, yeah. That What's the AKA? They're listed Martinez Milton.
>> All right. So, if you put >> Juan Martinez at the top and then AKA, >> you do it. Okay.
>> All right. All right. Just have a seat and once I receive that, I will sign it.
>> Jose Torres.
>> I know this guy was so old.
>> All right.
>> Yes, your honor.
>> Hi. So, what's happening with this case?
>> Yes, your honor. We are going to we're asking for a reset to make restitution in exchange for a dismissal.
>> All right. And how much time are you asking for?
>> I'm sorry. What?
>> 30 days.
>> It should be done before them for 30 days.
>> All right. So, do you have all discovery though?
>> Yes, I did. I I >> And the state tender an offer.
>> The offer is the restitution in exchange for >> Okay. Oh, no. No. I'm just asking if it was tender. Okay.
>> All right. Norma, >> set this for a jury trial and plea deadline date in 45 days.
>> Yes.
>> July July 9th.
>> All right. July 9th.
>> Okay. Thank you, Norma. Oh, yeah. July 9th.
>> July 9th. Thank you.
>> You're welcome.
>> You, too.
>> Yes, sir.
>> Who is on Steven Lemon Leone? I'm sorry.
Yes. Hi. What's happening with this one?
>> He ascertained a restitution amount, judge, and defense stipulated to that.
>> Okay. And for which case?
>> The newer case, your honor. 2026.
>> Okay.
>> All right. And Mr. Leone, is he out here?
>> Yes, he's in the box.
>> Oh, if you can have him come down, please.
Oh, that's okay. You don't need to pull it.
All right. The court is calling 2026 CR00003283 State versus Steven Luis Leone. Can I have parties announce?
>> Reneos on behalf of Mr. Lemon.
>> Are you Mr. Leone?
>> Yes, your honor.
>> All right. It's the court's understanding that you all have reached an agreement on the restitution amount.
>> Yes, sir.
>> Yes, your honor.
>> All right. And what is the amount agreed upon? $1,550.
>> Uh, and who is the that to be paid?
>> Right. Then the restitution amount will be $1,550 to uh that complainant. And then is there a reason it says hold for TC on here?
>> Um, L I believe uh for lifetime recovery judge, she's in the felony drug court program. Um and um that might reflect the hold that he's to be released there.
I would I would imagine.
>> All right. Make sure that that's what it's for. I don't know why on the docket it says hold for TDC when somebody's not going to TDC.
>> I I'll definitely uh I'll follow up with probation and normal judge on that. Um and if there's anything out of sort if I if I can approach the court.
>> All right. Thank you. And if you'll talk with Miss uh Abrams concerning the restitution amount that you all have agreed on.
>> Yes, ma'am. Let me know.
>> Great. Thank you. Thank you. Thank you.
Oh, do you have questions? Uh, >> thank you for your time.
>> All right. Thank you. Have a good day.
>> Raphael Sanchez.
>> All right. Why is this on the docket? I show it's Oh, it's set for jury trial.
>> Yes, ma'am. Today.
>> All righty. All right. See y'all back here at 11:30.
>> Okay. Thank you, judge.
>> Thank you.
>> Oh, do y'all did y'all do an acknowledgement of discovery?
>> I'm not sure, judge. I don't I don't know if that's on file, but >> if you all make sure one is done.
>> Yes.
>> Antoine.
>> Oh, just one second. Uh, can you get that to Ben Stevenson?
>> Yes.
>> Has a very minor drug case. Uh, >> what's the last name?
>> Mtoan.
Actually, >> is he on the docket today? Yes.
>> Okay. Let me tell you a little bit better.
>> We have a deal, but he has asked me to uh give us continuance on it so I can make sure that I overall the evidence.
>> All right. Mr. Antoine Irving >> always asks about PTE.
>> All right. How old are you, sir?
>> I'm 39.
All right. Three weeks, council.
>> Yes, your honor.
>> All right, Norma.
>> Yes, ma'am.
>> If you'll recall this in three weeks, >> June 16th.
>> All right. So, that'll be jury trial or >> I expect it to be a plea, your honor, unless I find something in the evolution.
>> Okay. All right. Once you sign the reset form, you're excused. All right. Thank you.
>> Thank you, your >> welcome, Deontree Gains.
All right. Court is calling 2026 CR0115 state versus Dantree Renee Gaines. Can I have parties announce?
>> Robert Brabog for Gaines.
>> And are you Mr. Gaines?
>> Yes, ma'am.
>> Uh, council, have you received all discovery? Did you review it with your client?
>> Yes, ma'am. I have.
>> Court will find that the state is in compliance with discovery. Mr. Gains, did you review the application for deferred adjudication or community supervision with your attorney? Did you understand it? Did you review the true bill of indictment with your attorney?
Did you understand it?
>> Yes, ma'am.
>> Uh, council, do you wave the reading of the indictment?
>> Yes, ma'am. I did.
>> State, are you proceeding on the indictment as presented?
>> We proceeding on paragraph.
>> Any objections to the waiverss?
>> No objection, brothers.
>> Mr. Gains, did you review the court admonishments with your attorney? Did you understand it and cite it in all the appropriate places?
Uh, you're charged with the offense of collision involving injury.
Uh, that's a hybrid case. So, the range of punishment is a possible fine up to $5,000 and imprisonment not more than five years. If you have a plea with the state, I'm sorry, or confinement in the Bear County Jail for not more than one year. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you, and you will be allowed to withdraw your plea.
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. By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into plea in this case?
>> Yes, ma'am.
Did you understand that the court would have grant your application for deferred adjudication? If for any reason your deferred adjudication were revoked, the court could send you to the full range of punishment.
>> Council, has your client been able to provide you with any defenses?
>> Yes, ma'am. Yes.
>> Do you believe he has a rational as well as a factual understanding of the charges against him?
>> Yes, he does.
>> Do you believe he's currently competent and was legally saying at the time of the offense?
>> Yes, ma'am, he is.
>> Mr. gains. Has anyone threatened you coerced you or place you in fear to get you to enter the plea?
>> No.
>> Anyone promise you anything other than the plea?
>> Are you satisfied with the way you've been represented? If you're not a US citizen, by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand? Court will find that defendant has knownly involuntarily waved his right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it? According to the plea, the state is proceeding on paragraph B under count one. Punishment is to be assessed at four years in the prison.
There's a $1,000 fine. The state is silent on your application for deferred adjudication. They are recommending community supervision and there is to be restitution to the complainant if any.
Did you understand that to be your plea?
>> Yes, ma'am.
>> State defense?
>> Yes, ma'am.
>> It's your view the waiver of appeal paragraph with your attorney. Did you understand it and sign it in both places? Yes, ma'am.
>> 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?
Yes, ma'am.
>> Any such motions?
>> No, ma'am.
>> Outside the agreement, the state is recommending that your community supervision before a term of four years.
There be a tap evaluation, 120 hours of community service, restitution, no contact with the complainant, MRT, and driver safety course. Did you understand those are recommendations from the state and the court does not have to follow those recommendations? Yes, ma'am.
>> into the offense in count one paragraph B. How do you plead? Guilty, not guilty or no contest?
>> No contest.
>> State any evidence one and all attempts.
>> No objection, your honor.
>> All right. State you may be excused.
Thank you.
>> All right. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places? 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?
>> 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?
>> Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments and review the same.
All right. After reviewing states exhibits one and attachments, the court will find there sufficient evidence to find you guilty. Court will defer find any guilty as you've applied for deferred adjudication. Are you proceeding with sentencing?
>> Yes, we are, your honor.
>> All right. Anything you wish to say on behalf of your client?
>> Yes. Uh your honor, the defendant has no criminal history. He worked full-time at Jim's restaurant. He's already taken his pre his driver's courses, his anger management courses. He's been here every time. He's always on time. He'll follow your rules. I think you'll do well on probation.
>> Right. So, how old are you?
>> Absolutely.
>> All right. So, here's the thing. I don't understand why people leave a scene when they're involved in an accident because guess what? Even if you don't have insurance, that's potentially a misdemeanor. But when you leave the scene of an accident, that's a felon.
>> Understand?
>> All right. So, uh, do you have insurance for your vehicle?
>> I had insurance at the time and, um, >> yeah, all my stuff was up to date. That caused my I like penance at the time.
Um, and it honestly caused huge impact on me and everybody around me. So like I'm really sorry that I ran from the scene when I should have stayed.
>> Yeah.
>> Cuz I mean anything could have happened.
>> The other person could have end up dying, you know.
>> You know, I see a lot of times people panic and it's like take a deep breath and think what's the right thing to do, you know?
>> All right. Uh Bashan, are you ready?
All right. This is what the court is going to do. The court is going to sentence you to three years deferred adjudication.
I'm sorry, what did you say he completed?
>> He completed his driver's ed courses.
Okay.
>> Completed anger management. He started on some community service.
>> Okay. Uh Vashan.
>> Yes. two years deferred adjudication, regular reporting by Zoom or in person, regular UAS or the patch, proof of employment within 30 days, no employment as a home health care provider or with minors, field visits one time per month for two months, $1,000 fine that will be probated.
Uh, do you know if your insurance paid?
>> Uh, I know that they gave her they gave her the maximum of the liability thing.
>> They paid her 30,000.
>> All right. So, there'll be a restitution hearing. Normally, can I have a restitution hearing in 30 days?
>> June 25th.
>> All right. Uh, restitution hearing June 25th.
Do you have any children?
>> I have one.
>> What is her age?
>> Okay. Uh 120 hours of community service restitution. Once he completes parenting classes, that will be deemed satisfied.
And you've already done the driver safety course.
All right. Uh I'm going to order the driver safety course. Uh, you need to provide proof of that to probation within 30 days.
And you say you have insurance as well?
>> I have insurance. Yes. But um I don't have my car no more, but I still have information from when I was done when everything happened.
>> All right. There's to be uh no driving until um proof of liability insurance.
And so if you're driving somebody else's vehicle, then they'll need to have you on there or have that anybody can drive.
>> So once I have the liability insurance, I can uh drive again.
>> Yes. But you need to turn that into probation. So you need uh proof of liability insurance uh and a valid driver's license.
>> That hasn't reaches, right?
>> No.
uh probation. Is there anything else? Is there anything else you need from the court in order to be successful?
>> All right. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it?
Because this is a plea bargain agreement, because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand? All right. Um, just make sure you provide all that information to probation about the classes that you've done and also about the liability insurance. And Norm, if you can give them a reset, we're going to have that restitution hearing on June 25th. You can appear by Zoom.
>> All right.
All right. Good luck to you.
>> Okay. Thank you very much. Thank you, J.
>> You're welcome.
>> All right. The court is calling 2025 CR013253 and 2026 CR00003891 state versus Joseé Calderon. Can I have parties announced?
>> I can state >> Carlos Martinez for the defending room.
>> All right. And are you Mr. Calber?
>> No.
>> You entered a plea and the cause number ending in 53.
You entered a plea to aggravated robbery according to your plea bargain agreement. Punishment is be assessed at a cap of 8 years in the prison. There's a $2,000 fine.
Uh the state opposes your application for deferred adjudication.
is the rank and current with 2026 CR00003891.
Uh in that clause number, uh you're charged with unlawful possession of a firearm by felon. Uh according to your agreement, camp of eight years in the prison, $2,000 fine. State is opposed to your applications for community supervision and deferred adjudication.
And the cases are to run concurrently.
and each cause number. Council, have you all received the uh PSI and tap evaluation?
>> Yes, we have.
>> All right. Any objections?
>> None yet.
>> All right. State, do you have any witnesses?
>> Yes, sir.
>> Defense, any witnesses?
>> None.
>> All right. Then the court will hear arguments.
are asking for you to deny the defendant's application and guilt since eight years prison that is based upon related evidence. Um and so in review of the PSI it seems that the designated because I issues based on what was stipulated to the defendant was the driver. So I >> that he's not the individual that got out of the car and brandished the gun to the complainant. However, he was the driver and passenger is the one that got out and did that. And so taking those schemes into consideration fee bargaining process that's like a we enhancements and we were able to reach the agreements we did. Um, however, based on his history and case, we are asking.
>> All right, just one moment. Off the record for a second.
>> Oh, this is for Eric Mason.
That's okay.
>> Hey, it's okay.
All right.
Hey, it's a Monday. Stop it.
>> Yes.
>> Okay. Okay.
>> We're good. Okay. and I can just put it in the system.
>> All right, council.
>> It's like a money.
>> Yes, >> judge. Um, as we know from the PSI judge, um, defendant has been out of trouble for almost 10 years. Um, now this is a very serious offense and of course my client perhaps he misunderstood uh the PSI officer.
He he meant to say that that he was not the one that did the wrong that he was he was sitting there were through a drive-thru ordering and uh supposedly his passenger got off and uh committed this robbery. They could never locate him. But um he completely understands the law parties. when he first came to me, um, even before he got indicted, he wanted to know, "Do you think that I'm gonna have a problem?" And of course, I told him back then, "Yes, you probably will."
I said, "Because the law of parties, if you're there and if you took off on the vehicle, then we're going to have a problem." And sure enough, but he takes responsibility. He's here.
He pet out, you know, just and and it's you probably notice from the PSI, he's responsible for four individuals, four four um actually f five with a wife, but there's some step children involved and then there's two of his and he makes good money. He does concrete work, finishing finisher, and they they verified it that he makes around $4,000 a month. So, we're hoping that the court would consider judge giving him another shot. If not, we would consider uh the lower end of the cap only because just like I said, um he understands the law parties, understands he was with him and uh that's why we find ourselves in front of the judge.
>> Does your client wish to say anything or no?
>> No, judge. uh we've discussed that in detail and uh he wanted me to speak for for it for you.
>> All right. Uh Mr. Calderon, I want you to know that I have uh taken everything in consideration. I always keep an open mind about everything because sometimes things happen and there are sometimes things happen and people are not expecting them to happen and then everybody just gets caught up in the circumstances.
But I, you know, I don't think you're a good candidate uh for probation.
So I'm not going to grant your application.
uh your attorney has spoken on um what he's requesting and I'm assuming the state is requesting the full 8 years.
All right. And state you may be excused.
Thank you. All right. And cause number 2025 CR013 253.
Is there going to be objection? The complainant is saying he wants $50 for his wallet. That was >> please.
>> All right.
And I want you to know I'm taking in consideration that you didn't have the weapon and that caused them. The court is going to send you to $2,000 fine.
Time and money will run concurrently.
Uh this will run concurrent with 2026 CR3891.
There's to be restitution of $50 to Matthew Obera, there's an affirmative finding of a dent in weapon and the court will sentence you to six years in the prison.
uh give you credit for any time suit.
And in that cause number, did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it? All right.
Because this is a plea bargain agreement because I call it your plea bargain agreement. And because you've waved your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. In 2026, CR00003891 in that case, what happened with the weapon? Is it destroyed or not destroyed?
>> That I know of. I have not seen anything that says it got destroyed, but we have no evidence that's just Yeah.
>> All right. state destruction of the weapon or no?
I don't know where it is.
>> All right. And that cause number $2,000 fine. Time and money to run concurrently. Destruction of the weapon is to run concurrent with 2025 CR013253.
And I read your uh statement in the police report and I can understand how sometimes people are confused over anniversary dates as it relates to weapon and that cause number I'll send you the three years in the prison give you credit for any time served and that cause number. Did you review the document entitled trial court certification of defendants's rights to appeal if your attorney did you understand it and sign it? All right.
Because this is a plea bargain agreement. Because I followed your plea bargain agreement. And because you waved your right to appeal, you do not have the court's permission to appeal.
Because this felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?
>> All right. Good luck to you. You're welcome.
>> Okay. Proceed.
>> Oh. Do you want to stay to grab anything he has?
>> No.
Roberto Hernandez Fox.
>> Oh, please come down.
>> All righty. So, you've been in trial a lot.
>> I have. Judge, I have another uh I mean, I hope this is the time up at the end.
I'm actually retiring.
>> Congratulations.
>> Thank you.
>> I'm so Well, you know, I'm getting there. That is awesome. When are you uh Well, as soon as I get off on my cases, um, probably the next couple weeks.
>> So, Mr. Hernandez, he's going off into the sunset, enjoying his life, >> if I may speak. I was hoping, you know, we were hoping maybe to get this >> situated today.
>> Well, I mean, the only way to get this taken care of today is either you reach an agreement with the state or you come back for a jury trial. and you're not up for jury trial yet because your attorney uh just got out of a trial. So, >> I explained to him that the state has a stake in this. Um the state is going to meet we we provided them some affidavit today from the complainant and a couple witnesses. They are going to meet with them and that that could resolve the case, but I told them they have a right to check that out.
>> All right. State, when are you going to check this out on Mr. Hernandez on page three because defense council wants to retire >> and I don't want to stop him from retiring. I mean I could like you're not going anywhere >> an offer and all discovery is there. He just told me that he got um some documents that we need to review. So that's where we're offer.
>> So how long is it going to take you off?
>> Probably couple weeks.
>> All right. Uh then what I'll do is I'll appoint a second chair.
>> Okay.
>> But I'll recall you in two weeks.
>> Uh okay.
>> Are you going to be here?
>> I I'm I'm supposed to about I'm about a week and a half of uh leaving assuming all the courts give me permission.
>> Oh yeah. Okay. So this is come back on Thursday.
>> Thursday.
>> All right. So, we'll come back on Thursday this normally for them to make a decision for you.
>> Yes, >> that's perfect, Judge.
>> Thank you, judge.
>> All right. You're welcome.
>> See you Thursday.
>> Oh, and just one second. Let me see.
>> Happy to help though.
>> All right. So, tell your father happy birthday. You made it before. That is awesome.
>> Isn't that awesome?
>> All right. So, >> God bless him. This is going to be the second chair in your case.
>> They look like very much.
>> Your attorney is going to come back on Thursday to see if maybe this is worked out. It may be worked out. If it's worked out, then you won't need a second chair. But if it's not worked out and it goes to trial, uh this will probably be your attorney and then uh I'll appoint him as second chair if he wants a second chair. Okay. What kind of case, judge?
Uh >> it's uh see that page.
>> All right. So, we'll be back on the 28th.
>> And Norma, if you can put Mr. Mlan down and second there.
>> All right. Thank you. Thank you, Mr. Mlan.
>> Absolutely. Absolutely.
>> All right. Justin Lopez.
>> Lopez.
>> All right. The court is calling 2026 CR 05799 state versus Justin Anthony Lopez. Can I have parties announced?
>> Ready for the state?
>> Ray Lopez for the defense.
>> All right. This hearing was scheduled at 9:00 a.m. and is now 10:30 a.m. The defendant has not made an appearance. Uh defense, have you had any contact?
>> No, your honor.
And let me just see.
Uh, Deputy Lori, did you make an announcement?
>> Yes, I did. Negative contact.
>> All right. State >> requesting.
>> All right. The court will issue a judge's warrant and remand your client without bond.
>> Thank you.
>> Thank you. Yes.
Bugs.
>> All right. He has two cases. Are these two cases related?
>> Judge, I am not sure. I am filling in for Mr. Roundtree this morning. He is in um Kal County District Court and asked me to come and get this reset for him.
Judge >> state on bugs. Do you know if discovery is uploaded?
>> I believe it is. Judge.
>> All right. Norma, recall this in 30 days for discovery?
>> Yes, ma'am. That'll be June 25th.
>> All right.
>> Okay. Thank you, Judge.
>> It's like I've already I just saw you the other day.
>> I know.
All right. Once you sign the reset form, you'll be excused.
>> You're welcome.
>> All right. Mr. Kamancha.
>> Good morning, Josh.
>> Good morning.
>> Morning.
>> Hello.
>> All right. On this one, I know you have jury trial that's up. So, what's happening with this?
>> Judge, this is our first appearance. PTD is going to get approved on this. Okay.
>> And we won't have to come back. So, if we can get a PTD date.
>> All right, Norman, can you give me a PTD date in 60 days?
>> July 28th.
>> Done.
>> All right. Just make sure that you get the contract in and just follow through.
Okay.
>> Yes, sir.
>> We're going to get that done this morning, then.
>> All right. Thank you. Once you sign the reset form, you're excused.
>> Yes, sir.
>> Yaldo Navaro.
>> Hello.
>> Hello.
>> Hi. Your attorney is actually They're telling me in federal court.
Are you employed?
>> Yes, ma'am.
>> All right.
>> Yeah. Superintendent for shortcom.
>> All right. This is what I'm going to do.
I'm going to All right. Today is your plea deadline date. I'm going to recall you in two weeks.
And um Nora, put this for the beginning of June. Will that give you enough time to coordinate with your work or no?
>> Uh yeah. I just want to get this over with.
>> All right. Norma, if you could put this for No, just put it the first week in June.
>> June 1st.
>> All right. Is June 1st?
>> All right. Once you sign the reset form, you'll be excused.
>> Thank you.
>> Oh, she has it.
>> Daniel Morales.
>> Okay. Oh, sir, you can remain in the box.
>> You can remain in the box.
Yeah, judge. We uh came to a resolution, per se.
>> Okay.
>> Um looking potentially to dismissal. We just need to provide the state with a little bit more information on his registration.
>> Okay.
>> So, uh we need a short reset.
>> Short as being three weeks.
>> All right. Norman, can you recall this in three weeks?
>> Yes.
>> That be June 16th?
>> June 16th.
>> We shall try. Yes.
>> All right. Can you let him know what you anticipate?
>> Absolutely.
>> All right. And I'll put that as disposition.
>> Maldonado.
>> Hi. Court is at nine.
>> So, you need to make sure you're on time. Okay.
>> All right. What's happening with this case, council?
>> Morning, judge. This is our first setting on this case. I've conferred with the state. They have tendered a plea bargain offer. Uh, we'd like a pre-trial setting to consider such offers.
>> All right. How old are you?
>> I am 25.
>> All right. Norma, are you employed?
>> What do you do?
>> What's your job right now? I'm actually starting at Amazon on the 30th Saturday.
>> So, >> all right. So, how do they allow you time off? Do you know yet?
>> Uh, we'll give you personal time off like 10 hours.
>> All right, Norma. Yes. Yeah.
>> Can you recall this for the first week in June?
>> Yes. And June 1st.
>> All right. Judge.
>> Yes.
>> He's got a court date next week for a misdemeanor. I want to say it's June 3rd. We could run those together. I believe we'll be able to for June 3rd.
Judge, is that okay?
>> Yes, that's fine.
>> I think we'll have both worked out, Judge.
>> All right. Thank you.
>> Thank you, Judge.
Manquez.
>> Morning, your honor.
>> Good morning.
Morning, brother.
>> Good morning.
>> All right. Today is plea deadline date.
>> Uh yes, your honor. Uh no. Uh what we have today is uh this was supposed to be a discovery where we have to there were some investigations uh >> right on the human services records.
>> Yes.
>> All right. So what's the result of that?
Well, the state still hasn't been a they've been trying and they contacted some people and they haven't been able to get some results and my uh investigator, the one you appointed last time finally got back from um vacation.
So, I have him on it. So, we're going to subpoena record. So, we're going after two agencies from both sides, me and and the state.
>> All right. So, this is what I'm going to do. I'm going to recall this in 30 days.
>> Yes, sir. And if the discovery, if you all see the discovery is not being tendered over, what's going to end up happening? We're going to have a hearing and those people need to be subpoenaed to be here.
>> Yes, your honor.
>> All right, Norma, I need a 30-day reset and this is final discovery.
>> June 25th.
>> All right. June 25th.
>> Thank you, honor.
>> All right. When did you sign the reset form? You're excused.
>> Thank you. Have a great day.
>> You two Mason >> believe we're on for PSI judge and possibly a sent restitution. Uh yes, we shall see.
All right. So before we go on the record, there was restitution >> alleged >> and judges people working on getting in contact with our committee with us right now.
>> All right, if you all step back because part of the reason for the reset was for restitution. So, if you all to step back and see if you have that and we'll come back.
>> Thank you.
>> You're welcome.
Johnson.
>> All right. So, on this case, where are we on discovery?
>> I believe we have everything. We do not have an offer yet today. Um, the state is going to let me know what their offer will be.
>> All right, Miss Ferguson. Yes, ma'am.
>> If you'll recall this in uh 30 days state at that time, you need to tender an offer.
>> Ma'am, also I'll be leaving June 15th, but until early August um to go to go north. So, if I can get this, I'd have no problem setting it up for like June 11th.
>> All right. Norman June 11th.
>> All right. Once you sign the reset form, you'll be excused.
>> All right. Thank you.
>> Thank you, Judge. You're welcome. Who's next?
>> Yes. On what?
>> I'm here with Mr. >> Question.
>> Yeah. I wanted to see about uh perhaps I have some question. Not necessarily a competency, but I don't know if we need to get somebody up on the mental health wheel on him. He's pretty but he's got some issues as the mental health. He's got PTSD. He's been deployed four times.
I thought we had him into the veterans court program.
>> So, you're not able to address that with him?
>> I'm trying to work with him. I'm not on the He's charged with a third degree felony that I'm not on the second and third degree deal. I've got an offer for everything on my case about to go away.
I'm just trying to see what to do on that other case that on the others.
>> All right. So, you're asking to be removed because you're not on the wheel.
>> Oh, thank you. Thank you.
>> And I'll let him know.
>> Thank you.
We're ready on Eric Mason.
>> All right. Do y'all have restitution amounts?
>> The state does theoretically.
>> Okay.
>> I do have a judge to not sure.
>> Well, I mean, do do they have a restitution amount that y'all have agreed on or No, >> we're not agreed on it. They want$ 1.3 million $1.6 million.
All right. So, here's the thing.
Am I supposed to give the bad news?
Because the $1.6 million, you can't get money for pain and suffering. So, are they asking for pain and suffering?
Because I'm not allowed to give that.
>> I don't think he's asked for pain and suffering, judge. There was extensive damage to some specific equipment, including the copper wiring that was torn out, and I believe that is the uh >> $1.6 million for co copper wiring.
>> Right. And the and the purpose of the hearing was to show proof of receipts minus insurance, etc. >> Do we have receipts?
>> Um, not that I know of.
>> All right. So, have them zoom in.
>> We're zooming in.
>> All right.
>> Show my line up here, Jeff.
>> Uh, yes.
And I'm assuming you all are not agreed to $1.6 million.
>> Nowhere near. Oh, >> okay.
Otherwise, I'm going to start filing charges against people.
>> All right. The court is calling 2025 CR0946 and 2025 CR00009409 state versus Eric Mason. Can I have parties announced for the record?
>> State David A. Garcia, attorney for Eric Mason, judge.
>> And are you Mr. Mason?
>> No. and the cause number ending in 09.
You entered a plea bar in agreement according to your plea punishment is be assessed at two years in the state jail facility. Uh the state is recommending community supervision is to run concurrently with uh another case which is the case ended in 06 and some county court cause numbers and the state is taken in consideration 2025 CR10945 and then you have no contact orders that's outside the agreement and the cause number ended in 06 according According to your plea, the state recommends community supervision and it's the same punishment assessment and agreements as in the other case. Have both parties had a chance to review the PSI report and the tap evaluation?
>> There was just a tap judge >> and we reviewed it.
>> Any objections?
>> No, judge. I would just like to uh clarify uh he my client admitted was very honest about everything that has transpired in his life regarding alcohol or drugs but he's been sitting in jail for a year.
>> Uh he's highly motivated to complete probation. Um probation is recommending satif because he's been in for a year and he's so motivated to get back to his life. He feels like drugs are not an issue in his life anymore. His mother's present. He is got business waiting for him that he's lost a lot of money on sitting in jail. And we're asking that uh you give him the probation with outpatient treatment and let him prove himself to the court.
>> All right. Do you have your witness for the restitution?
>> Okay.
Uh the person on Zoom, what is your name?
>> Oh, that's not from here.
>> No, it's back here.
>> A royal ma'am.
>> All right. I'm so sorry. Your attorney is not here yet.
I'm going to put you in a waiting room.
All right. and cause number 2025 CR00009406.
The court is going to send you to a $1,000 fine that will be probated, and I know I said it previously when I took the plea, but I'll say it now.
Court is finding you guilty. There's a $1,000 fine probated. The court will sentence you to four years in the prison suspended and probated for four years.
Uh Mr. King, can you show your video, please?
>> Can you see me?
>> Yes, we can see you. So, Mr. King, with regards to your restitution amount, the state has informed the court that you're asking for $1.6 million.
Yes.
>> Do you have any receipts?
>> Uh, I can I can give receipts as to what we've spent so far to get some of the equipment going, but it's over 2 million at this point. We've only got 14 of the 59 going, and uh we're still spending money trying to get them back to running shape. They stripped all the wiring out of every piece of equipment we have, every truck we have, and all the uh radiator, copper, uh brass, anything of value on the equipment. We have $60 million worth of equipment. We've spent $2 million so over 2 million so far on 14 pumps. I have a total of 59.
>> All right. So, this is what we're going to do. I'm going to suspend sentencing.
We're coming back on Thursday. You need to get receipts from this witness and those receipts need to be handed over to the defense.
So, do you have the information to the state? I'm sorry, the state's information to provide them with the receipts.
>> Uh, maybe they could send it to me.
>> All right. This is what I'm going to do.
State defense, are you able to zoom >> on Thursday?
>> No, no, no. I mean Zoom right now to go into a breakout room so you can give him your information so he can send you receipts as well so everybody can have receipts.
>> I think the DA can just give him my email judge.
>> All right. Well, this is what I'm telling everybody.
You all need to have this done by Thursday. Mr. King, I'm sending you to breakout room number one. Uh, Norma, recall this for Thursday for sentencing.
>> Yeah.
>> So, we'll be back on Thursday.
>> And you may want to Neil, you may want to inquire about insurance with his business when all this started.
>> See you Thursday, Judge.
>> All right. See you Thursday.
>> You here on Marlins? Yes, your honor.
>> Yes.
>> Can we can you brought up?
>> Yes.
>> Hello.
>> Hi again, your honor.
>> Hi. All right. So, where are we council?
>> Yes, your honor. Um just being appointed to Mr. Mr. Marlin's cases today. Um we're requesting u some time so we can review the discovery together and see what our options are. Um, if we can have 30 to 45 days, judge, to uh to set that up.
>> Norma, I need a reset date. 45 days.
>> I'm sorry. July 9th.
>> Sounds good.
>> All right.
>> Thanks.
>> We'll see you back then.
>> Thank you.
>> All right, Hector Aguilar.
All right. The court is calling 2019 CR152 and 2019 CR 11153 state versus Hector Agular. Can I have parties announce?
>> Raymond Martinez from Mr. Aguular.
>> And are you Mr. Aguar? Yes, sir.
>> Did you review the documents entitled motion to enter adjudication of guilt and revoke community supervision with your attorney? Did you understand it?
>> Yes, sir. Are you the same Hector Aguilar who was placed on deferred adjudication in each of these cause numbers uh for the offense of aggravated robbery on January 24, 2020 for a period of 10 years? Is that you?
>> Yes, sir.
>> All right. State honor the 24th day of November 2025 in Bear County, Texas. The defendant Hector Aguilar Denn to submit to drugy as directed by the court. Court officer, supervision officer, and or a duly authorized agent of the court in violation of condition number two.
>> How do you please hear that?
>> True.
>> Violated condition number two, honor about the 10th day of November 2025 in Bear County, Texas. The defendant Hector Aguilar did then failed to submit to drug testing as directed by the court court officer officer and or duly authorized agent of the court in violation condition number two. How do you play to that?
>> Violated condition number 41 on or about the 24th day of November 2025 in Bear County, Texas. The defendant Hector Aguular is then and there failed to comply with the rules and regulations of the felony drug court by failing to report as directed in violation of condition number 41.
>> How you plead to that?
>> True.
>> State will wave the remaining alleged allegations.
>> Any objections to the waiverss?
>> No, you are. Did you understand by pleading true to 2, two, and 41, the court could find it true, grant the motion, find you guilty, sentence you up to life in prison, and up to $10,000 fine?
>> Yes, sir.
>> Knowing that, do you still wish to plead true to 2, two, and 41?
>> Court will find two, two, and 41. True.
Is there a proposed agreement?
>> Yes, there's proposed agreements to grant seats motion adjudication of guilt incident to 5 years in prison.
Is that the agreement? It >> is s.
>> Are you asking the court to follow that agreement? Yes, sir.
>> Are you waving your right to appeal?
>> Yes.
>> I state you may be excused.
I'm sorry you were not successful.
I understand that drug addiction is very hard, but you're going to have to make some changes. You understand?
>> Yes.
>> How old are you?
>> I'm 26.
>> Okay. All right. Then in each cause number as previously stated the court is finding 22 241 true. The court will grant the motion revoke find you guilty sentence you to 5 years in the prison uh give you credit for any time served.
These cases will run concurrently.
Uh the court will request the therapeutic community for you and there's an affirmative finding of deadly weapon and there's to be um no residing in households with minors and no unsupervised contact with minors.
All right. In each of those cause numbers, did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it?
>> Yes.
>> All right. Because you've waved your right to appeal.
You do not have the court's permission to appeal. Because these are felony convictions. You're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?
>> Yes, sir.
>> All right. Good luck to you. Judge, can we get a clarification about his inpatient whether or not he's going to get credit for that >> he successfully completed?
>> Well, that's the question. I'm not sure.
I know he completed the impatient portion and he had an afterare and I think they might have gone sideways in the afterare.
>> If he successfully completed it, I will give him credit for that.
>> So, yes, >> it was theare.
>> All right. I'll give him credit for successful completion of inpatient treatment only.
Court is calling 2026 CR 0002074 and 2026 CR 0002075 state versus Joseph Palmer. Can I have parties announced?
>> State Michael Dion for Mr. Palmer.
>> And are you Mr. Palmer?
>> Yes ma'am.
>> Council, have you received all discovery and did you review it with your client?
>> We have your honor. Court will find that the state is in compliance with discovery.
Mr. Palmer, did you review the true bill of indictment with your attorney? Did you understand it?
>> Council, do you wave the reading of the indictments of each of these cause numbers?
>> We do, your honor.
>> State, are you proceeding on the indictment as presented?
>> We wave the indictment.
>> Any objection?
>> No objection.
>> And each cause number, did you review court's admonishments with your attorney? Did you understand it and sign it in all the appropriate places?
>> No.
>> In each cause number, you're charged with aggravated assault with a deadly weapon. That's a seconddegree felony.
The range of punishment is anywhere from 2 to 20 years in the prison and up to a $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering these, please you're giving up those rights. Did you intend to give up those rights and enter in plea bargain agreements in each of these cause numbers?
>> Wow.
>> Council, 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.
>> Do you believe he's currently competent and was legally saying at the time of the offense? I do.
>> Mr. Palmer, has anyone threatened you, coerced you, or placed you in fear to get you to enter the plea?
>> Ma'am.
>> Anyone promised you anything other than the plea?
>> Oh, ma'am.
>> Are you satisfied with the way you've been represented?
>> If you're not a US citizen by entering these p, you will be deported and denied naturalization and re-entry. Did you understand? Yes, ma'am.
>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargain page with your attorney?
Did you understand it? Yes, ma'am.
>> According to your plea bargain agreement, in each cause, the state is asking that your punishment be assessed at three years in the prison. If I uh from reviewing the stipulations to determine there was a deadly weapon involved, the court will issue an affirmative finding of deadly weapon and the cause numbers are to run concurrently. Did you understand that to be your plea? Yes, ma'am.
>> Defense, >> it is your honor.
>> All right. Did you review the waiver of appeal paragraph with your attorney? Did you understand it? And sign it in both places.
>> Yes, ma'am.
>> 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? Council, any such motions?
>> No motions, your honor.
>> Then in each cause number, how do you plead? Guilty, not guilty, or no contest?
>> Contest.
>> State any evidence?
>> State exhibit number one, including all.
>> No objection, your honor.
>> All right. State may be excused. In each of the cause numbers, did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?
>> 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 in the right to remain silent?
>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?
>> Yes, ma'am. Court will find that the defendant has knowingly and voluntarily waving consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the same.
All right. In each cause number after reviewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?
>> We are, your honor.
>> Anything you wish to say on behalf of your client? We just asked the court to follow the plea agreement. Um, we've been locked up for five months. We were going to ask um for two for one credit on this, but I was going to approach the court on that one.
>> All right. That'll be something up for the Bear County Jail to make that decision. So, what was going on with you doing all of this? Were there some mental health issues going on?
>> No.
some some something happened and uh they struck my kids and I I retaliated in a wrong manner.
>> And how old are your children?
>> Uh six and 18.
>> Okay.
>> All right. And cause number 2026 CR 0002074.
The court will find you guilty. There's an affirmative finding a deadly weapon.
Court will sentence you to 3 years in the prison. Give you credit for any time served. This is Ryan Curry with 2026 CR00002075.
uh and there is to be no unsupervised contact with minors and the court will request the therapeutic community and cause number 2026 CR2075 court is going to find you guilty.
There's an affirmative finding of deadly weapon three years in the prison credit for any time served. This will run concurrent with 2026 CR00002074 therapeutic community no unsupervised contact with minors. Did you review the documents in each of these cause numbers and titled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it? Because this is plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal.
Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?
>> All right. Good luck to you.
>> Thank you, >> Jose Martinez.
Thought you could get away, but we pulled you back in.
>> All right, Norma. Next time he he needs a Spanish >> Oh, >> he needs an interpreter. So state, did you tender an offer?
>> They did.
>> Yes, sir.
>> All right. Norma, how old is your client?
>> 52.
>> All right. Norma, set this in um three weeks for a plea deadline date.
>> Yes, ma'am. June 16th.
>> All right. Can you let him know June 16th?
>> 16.
>> Andrea Benvitz.
>> All right. Court is calling 2026 CR01461 state versus Andrea Benvitas. Can I have parties announce >> David Mlan for the defense?
>> All right. And are you Miss Benvitas?
All right. There wasn't a PSI done in this case, was there?
>> Yes, sir.
>> All right. Could I see the PSI?
>> Yes, sir.
>> Oh, he Yeah. Any objections to the court reviewing?
>> No, judge. And the reason why I'm reviewing it because I'm trying to see what their recommendation is for you.
>> All right. So, what what's been your Can you raise your right hand? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth will help you God?
>> Yes, sir.
>> All right. You can lower your hand if you'll state your name for the record.
>> All right. So, was there no tap evaluation complete? There was judge and it should be on the back page or the back like the last three pages.
>> Okay. We did it differently.
>> It did.
>> All right. So, DDRF, how long is that, Miss Abrams? Like 12 weeks or 30 months?
>> So, the wait for DDRF currently is 15 to 20 weeks. Mhm.
>> The program itself.
>> All right. So, >> what had you been using in the past as far as drug use?
>> I was having an issue with methamphetamines. I was slowly leaving, but my alcoholism is at a time. I've been going through substance. I was sober for 10 years before I came back home in 2024. So, were you the sole provider for him >> for my dad?
>> Yes.
>> I He lived with me in Louisiana for that time.
>> No, I mean, did anyone come in and help you?
>> No.
>> See, that's what people need to realize when somebody one is not a professional caretaker. Sometimes we would call it on the CPS side respit care. Sometimes you need some time away because as much as you love your relatives, sometimes it gets, I think, uh, overbearing and people just need some time away.
>> But you're not going to be allowed to do that. I don't allow people to be home healthcare providers. And for you, it's not whether you get paid or not. You're not going to be allowed to do that anymore.
>> Yes, sir.
>> All right. The court is going to find you guilty. The court will sentence you to six years in the prison, suspended and probated for six years.
Uh, and you all say there's no restitution.
>> That's my understanding, judge.
>> Okay.
Right. There is. Do you have any type of medical license or anything of that nature?
>> I was um certified nurses assistant in Louisiana. Yes, >> that's done.
So the defendant is not allowed or the defendant is to surrender all medical licenses and certifications and this should be reported to them. So you shouldn't be allowed to do that anymore. Uh regular reporting by Zoom or in person.
Uh in custody uh DDRF and probation. If you'll see if felony drug court maybe they will help because they have a dual diagnosis program as well. A referral to felony drug court that's going to be in person. If you're not accepted into felony drug court then you're going to remain in custody for DDRF.
There is to be uh proof of employment within 45 days of release. No employment as a home health care provider or with minors. No. Residing in households with uh anyone over the age of 60 or any person who is vulnerable and no resigning with minors.
There's be 120 hours of community service restitution.
They're asking for the MRT.
Vashan, can you do a trauma evaluation?
>> Bill visits one time per month for six months.
There is a $1,000 fine and that will be probated.
Uh state is there anything else?
>> I can ask that upon release whether she not associated with users.
>> Okay. No contact with Timothy Garrett. How do you spell the last name?
Office G A RC.
>> All right. G A R R E T.
And I can put in here no associating with drug users. But that's going to be hard because if she's accepted into felony drug court, they're, you know, getting over their addictions >> out outside of of treatment and drug court. judge.
>> Okay.
>> The folks that she associated with prior to this charge.
>> Okay.
>> So, I'll just do no contact with anyone um with substance addictions uh outside of drug court.
Uh, anything else you need from the court?
>> No.
>> All right. Probation. Is there anything else?
>> Ah, thank you. There's to be uh regular UAS.
All right. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it?
All right. Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waved your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?
All right. And let me make sure. Ah, uh, and Bashan, I'm showing I'm going to add no restitution.
All right. Good luck to you.
>> You're welcome.
>> Thank you. Thank you.
>> I appreciate you.
>> And thank you all for explaining that to me as to why I should follow that.
>> No, thank you, Jeff. Appreciate >> you. Give the PSI back.
>> Oh, yes, please. Ah, >> the court has it.
>> Perfect. Yes.
>> As someone trouble judge.
>> Oh, yeah. I want that.
>> Hey, Sus Rodriguez.
Court is calling 2026 CR00002907 state versus Jesus Rodriguez. Can I have parties announced?
>> Matthew Brown for the defense.
>> And are you Mr. Rodriguez?
>> Yes, ma'am.
>> Council, have you received all discovery? Did you review it with your client?
>> Yes, I have. Your honor, >> court will find that the state is in compliance with discovery.
Did you review the uh Okay. On this one, I don't have Is there an application?
>> Yes, there was.
>> Oh, okay. I see it. All right. Paper stuck together. Did you review the application for deferred adjudication with your attorney? Did you understand it and sign it?
>> Oh, yes, ma'am.
>> Did you review the true bill of indictment with your attorney? Did you understand it?
>> Yes, ma'am.
>> Council, do you wave the reading?
>> Yes, your honor.
>> State, are you proceeding on the indictment as presented?
>> Yes, your honor.
>> Mr. Rodriguez, did you review the court admonishments with your attorney? Did you understand it? and sign it in all the appropriate places.
>> Yes, ma'am.
>> You're charged with unauthorized use of a vehicle that's a state jail felony.
The range of punishment is anywhere from 180 days up to two years in the state jail facility and up to a $10,000 fine.
If you have a plea with the state, the court does not have to follow your plea.
If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering this plea, you're giving up those rights. If the court were to grant 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 two years in the state jail facility and up to $10,000 fine. Did you understand?
>> Yes, ma'am.
Council, has your client been able to provide you with any defenses?
>> Yes, your honor.
>> Do you believe he has a rational as well as a factual understanding of the charges against him?
>> Yes, your honor.
>> Do you believe he's currently competent and was legally saying at the time of the offense?
>> I do believe so, your honor.
>> Mr. Rodriguez, has anyone threatened for your approach you fear to get you to enter this plea?
>> No, ma'am.
>> Anyone promised you anything other than the plea?
>> No, ma'am.
>> Satisfied with the way you've been represented?
>> Yes, ma'am. If you're not a US citizen by entering this plea, you will be deported, denied naturalization and re-entry. Did you understand?
>> Yes, ma'am.
>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargain page with your attorney?
Did you understand it?
>> Yes, ma'am.
>> According to the plea, there's a $1,000 fine. The state recommends deferred adjudication. They're taking in consideration 2025 PF43477.
Did you understand that to be the plea?
>> Yes, ma'am.
>> State defense.
>> It is, your honor.
>> Yes, your honor. Did you review the wave of appeal paragraph with your attorney?
Did you understand it and sign it in both places?
>> Yes, ma'am.
>> 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?
>> Yes, ma'am.
>> Any such motions?
>> No, your honor.
>> Outside the agreement, the state is requesting that your community supervision for a term of four years.
There be a tap evaluation. 200 hours of community service restitution.
No contact with the following personal alcohol awareness course and MRT. 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 offense as charged, how do you plead guilty, not guilty or no contest? But no contact.
>> State any evidence?
>> No objection.
>> All right. State, is there any restitution?
>> All right. Thank you. State may you may be excused. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?
>> Yes, sir.
>> Again, 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.
>> Oh, yes, ma'am. Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports but most importantly there will be no live testimony. Did you understand?
>> Yes ma'am.
>> Court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits warn and attachments. Court has reviewed the same. The court will find there is sufficient evidence to find you guilty.
The court will defer finding of guilt as you apply for deferred adjudication. Are you proceeding with sentencing?
>> Yes, your honor.
>> Correct.
>> Who is Carlos Munoz to you?
>> Uh, that is a old friend.
>> Okay. And who is Joshua Williams?
>> Sam.
>> All right. And with regards to this weapon, what's happening with the weapon, >> judge? Uh, he's going to as part of the plea agreement, he's going to enter a plea of no or no contest or guilty in County Court 8 today. Um, and that and the evading will both be uh judgment satisfied, please.
>> All right. State, do you want the weapon destroyed?
>> Yes, sir.
>> All right.
>> Court will sentence you to $1,000 fine.
That would be probated at how old are you?
>> Uh, 18.
>> All right. What are you doing with your life? You're in school. What's happening >> right now? I have a job. I'm working mostly part uh full-time, actually. And then I'm trying to get my GED uh going.
>> All right. Why didn't you graduate from high school?
>> Um really because um at first I was going to have to uh do a alternative school. I really wasn't trying to do alternative school. So I had started doing online school and that that's kind of taken a >> Was it alternative school because of these charges?
>> Uh no ma'am. It was for something else.
>> You're going to have to start making better choices. You understand? Yes, ma'am.
>> Do you live at home with your parents?
>> Yes, ma'am.
>> Do you have any children?
>> No.
>> You're not ready for children yet? Okay.
>> All right. The court is going to sentence you to 3 years deferred adjudication taking consideration 2025 PF43477.
Regular reporting by Zoom or in person.
Regular UAS.
Proof of employment within 45 days. No employment as a home healthcare provider or with minors.
200 hours of community service restitution.
Um uh minus 50 hours for completion of the MRT minus 50 hours for uh any trade school certifications.
>> Judge, will that extend to his GED as well?
>> I I I'm getting that. Sorry, >> that's okay. Uh, and then there will be a minus 100 hours for completion of GED.
Phil visits one time per month for 3 months.
There's to be no contact with the following persons.
Clen Mallaloy, Joshua Williams, Carlos Munoz, David Luna, Enrique Hoffman, TAP evaluation, out of custody, follow recommendations. If they recommend impatient, we'll start with um outpatient treatment, destruction of the weapon, uh probation. Is there anything else?
>> No.
>> Is there anything else you need from the court to be successful?
>> No, ma'am.
>> All right. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it?
>> Yes, ma'am.
>> Because this is a plea bargain agreement. If I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Do you understand?
>> Yes, ma'am.
>> I will tell you this. When I was growing up, they had a program that came on called Scared Straight. You don't want to go to prison. You don't want to be at jail. You're 18. And when you're 18 and young, your responsibilities are so easy if you'll just follow the rules. And usually the responsibilities are go to school, graduate. That's it. Usually it doesn't involve your paying bills, you know?
>> So you're going to have to make changes otherwise it's not going to go well for you. You understand?
>> Excuse me.
>> All right. Good luck to you.
>> Today is your deadline date.
state on a Rojo and his criminal trial division. Has defense attorney reached out to you?
>> Is that Mr. Arnet's case?
>> Yes.
>> Uh not yet, judge, but I have his number I can call.
>> There he is. Speak the he >> Yes, judge. I I did send an email to the uh general trial division email, but I can send one specifically to Mr. Prader if he's handling the case, and I'll get reminded of what that offer is, and I can go into a breakout room and speak with my client, and we will let you know what's going on with that case.
Oh, this is what I'm going to do. I'm going to recall you all for Thursday.
>> Okay.
>> And everyone needs to be in be in the courtroom.
>> Okay, judge.
>> Thank you.
>> So, Mr. uh A Rojo, I'll meet you in court on Thursday.
>> Okay, ma'am.
>> All right. Thank you, Mr. Rojo. Thank you for being on time.
>> Yes, ma'am. Thank you.
Who is here on Maryanne Castillo?
>> She's not that corruption.
>> Okay.
>> All right. The jury's coming in at 2.
So, anybody who's not ready, you're going to have to be here tomorrow at 9.
>> Court is calling 2026 CR0587 State versus Maryanne Castillo. Can I have parties announced for the record?
the state.
>> Yeah. Ron Ross for the fifth.
>> And are you Miss uh Cassio?
>> Yes, ma'am.
>> Council, have you received all discovery? Did you review it with your client?
>> I am. Judge >> Court will find that the state is in compliance with discovery. Miss Castillo, that you review the application for community supervision with your attorney. Did you understand it and sign it?
>> Yes, ma'am.
>> All right, people. Do me a favor.
Everyone, stop filling out the trial court certification of defendants's rights to appeal. That's my job.
I'm just throwing it out there because I get to say whether somebody appeals or not and then people check incorrect boxes.
All right. Council, do you wave the reading of the indictment?
>> We didn't. Judge >> state, are you proceeding on the indictment as presented?
>> We did.
>> Did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?
>> This document.
>> Documents.
>> Oh, yes, ma'am.
>> All right. to charge of possession of a controlled substance penalty group 140 to 200 grams. That's a secondderee felony. The range of punishment is anywhere from 2 to 20 years in prison and up to $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for. The fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case?
>> Council has your client been able to provide you with any defenses?
>> She has. Judge, >> do you believe she has a rational as well as a factual understanding of the charges against her?
>> Yes, I do.
>> Do you believe she's currently competent and was legally sane at the time of the offense?
>> Yes, I do. Miss Castillo, has anyone threatened you, coerced you, or place you in fear to get you to enter this plea?
>> No, ma'am.
>> Anyone promised you anything other than the plea?
>> No ma'am.
>> Are you satisfied with the way you've been represented?
>> Yes, ma'am.
>> If you're not a US citizen by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand?
>> Yes, ma'am.
>> Court will find that defendant has knowingly and voluntarily waved her 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, uh, punishment is to be assessed at a cap of five years in the prison. There's a $1,000 fine. State is silent on your applications. There's to be restitution of $130 for laboratory testing. Did you understand that to be your plea?
>> Yes.
>> Defense and state.
>> It is a plea, judge.
>> It is. Judge, >> did you review the wave of appeal paragraph with your attorney? 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?
>> Yes.
>> All right. Then to the offense, how do you plead guilty, not guilty, or no contest?
>> State any evidence.
>> Judge say ex number one and all.
>> No objection.
>> All right. State you may be excused.
>> Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?
>> Again, 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.
>> Yes, sir.
>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?
>> Yes.
>> Court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments. Court has reviewed the same. Court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?
>> Your honor, your honor, we have uh applied for both probation and deferred both.
>> The only thing that was circled was community supervision.
>> Oh, is that what we said? Community supervision.
You didn't want to defer where you could go to jail for a long time if you lose.
I mean, if you mess up, right?
>> You need to discuss that with her.
>> Remember, >> we decide we just go regular probation.
So, if you mess up, you would not it would be conviction. Okay.
>> All right. So, here's the thing, and I heard your attorney explaining it to you.
If I follow your agreement, if it's just community supervision, which is regular supervision, you'll have this conviction on your record and I can sentence you depending on what if I grant your application for probation and if I sentence you to 5 years but place you on probation, the most you can receive if you are revoked is 5 years in prison. If I give you deferred adjudication and if you're revoked, you could receive up to 20 years in prison. The only thing about a deferred adjudication is if you successfully complete it, it's not a conviction on your record, but anybody who's looking, job applications is going to show that you were placed on deferred adjudication.
>> We're going to see you on probation.
>> Okay.
>> Do you still want to go with regular probation?
>> Yes. Do you want to do you need >> We talked about that earlier and I think that's correct here.
>> All right. So, you want a conviction >> conviction on your record?
>> Yes.
>> All right. Do you need time to think about that or that's what you want to do?
>> I'm sorry.
>> That's what I'll do. Yes.
>> Is that what you want to do? It's not do it. Is that what you want to or do you want to apply for the deferred too where it won't be on your won't be on your record?
>> That's for the deferred.
>> You want to apply for that?
>> Okay. I'll have you guys if you'll step back discuss that with her a little bit and then we'll come back.
>> Yeah, it's kind of gone back and forth.
So, but I think she's >> all right. Miss Castillo, >> if you'll come forward.
>> Remember, this is the one we had the motion.
>> Oh, yeah.
>> All right. We're back on the record in 2026 CR 000587 state versus Maria. I'm sorry, Maryanne Castillo. Yes, Maryanne Castillo. All right. Did you have a chance to discuss with your attorney whether you wanted to apply for deferred adjudication or community supervision?
>> Yes or no?
>> All right. Do you need any more time?
>> No.
>> All right. So, what do you want to apply for?
>> The deferred.
>> All right. So, let me give you this instruction about deferred adjudication.
If for any reason your deferred adjudication were revoked, a court could find you guilty and sentence you up to 20 years in prison and up to $10,000 fine. Do you understand?
>> Yes, ma'am.
>> All right.
So, as previously stated, the court has reviewed states exhibits one and attachments. The court will find there's sufficient evidence to find you guilty.
The court will defer finding guilt as you apply for deferred adjudication. Are you proceeding with sentencing?
>> We we can wave her.
>> All right. Anything you wish to say on behalf of your client?
>> This lady's 48. She has no prior record.
>> Oh, >> okay.
>> She has a am I correct? You have no prior traffic tickets.
>> I've never been in trouble.
>> Okay. Uh, I think that she fully understands the error of her ways and she understands what would happen if she messes up. And I think she wants to try to keep her record clean. I think she'll be successful. And we've discussed that. Don't do this if you're not going to be successful. She's committed that she will be.
>> So, if you're drug tested today, what are the results going to be?
>> They're going to be clean.
>> All right. When's the last time you used?
>> I cleaned um I've been on trial services.
>> I'm sorry. What?
>> I've been on services. So, I've been clean pretty much ever since I got in.
>> Okay. So, what made you start using what was going on in your life?
>> Peers, you know, just bad bad crowd, you know, before this, you know, I was I was working for a design firm. I did interior decorating and stuff and then went off on my own. I have my own business, my mother and I and I do I'm a seamress so I physically work interior decorators and stuff.
>> All right. Do you have any children?
>> No, ma'am. I don't.
>> All right. Do you live by yourself or who you >> Mom and dad? And they're up there in age and my dad's not I'm sorry. What?
>> They're up there in age. My mom is 75 and my dad is 82. He's in the hospital right now. Okay. So, I'm going there to see him if >> All right. This is what the court is going to do. three years deferred adjudication, regular reporting by Zoom or in person, regular UAS, proof of employment within 45 days, no employment as a home health care provider or with minors, $1,000 fine that will be probated.
uh field visits one time per month for three months.
Tap evaluation out of custody. Follow tap uh recommendations, but if they recommend inpatient treatment, we'll start with outpatient treatment. 200 hours of community service restitution.
Uh deduct one hour for every sober support meeting that's completed.
Otherwise, you're going to have to do community service. You understand?
>> Yes, sir.
>> But if you do the sober support meetings, which is the NAA meetings, that's designed to help you. That's sort of helping the community. So, that's what I'll do.
>> Uh probation. Is there anything else?
>> And I'm so sorry. $130 restitution to Armstrong Laboratory for testing.
All right. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it?
>> Yes, sir.
>> All right. You have a limited right to appeal. That right to appeal is based upon your uh pre-trial motion that the court heard. Do you understand?
All right. Good luck to you.
>> Judge is counting on you. She's blaming you. Okay.
>> Yes. And I won't I won't tell you.
>> Okay.
>> You won't tell her.
>> Well, here's the thing. I always tell people, do it for yourself. Okay.
>> Yes, of course.
>> All right. Thank you.
>> Good luck to you.
>> All right. The court is calling 2026 CR00005790 state versus Edward Salgado.
>> Very good.
>> That part is approaching announce for the record.
>> State David Mlan for the defense >> and council. Have you received all discovery? Did you review it with your client?
>> I have, your honor. Court will find that the state is in compliance with discovery.
And are you Mr. Salgado?
>> Yes, ma'am.
>> Did you review the application for community supervision with your attorney? Did you understand it and sign it?
>> Yes, ma'am.
>> Did you review the true bill of indictment with your attorney? Did you understand it?
>> Yes, ma'am.
>> Council, do you wave the reading of the indictment?
>> I do, your honor.
>> State, are you proceeding on the indictment as presented?
>> We are, Judge.
>> Mr. Salgado, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places? Yes, ma'am.
>> Your charge of possession of a controlled substance penalty group 1 one to four grams. That's a thirdderee felony range of punishment is anywhere from 2 to 10 years in the prison and up to $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case?
>> Council, has your client been able to provide any defenses?
>> He has, judge.
>> 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 confident and was legally saying at the time of the offense?
>> I do, your honor.
>> Mr. Salgado, has anyone threatened you, coerced you, or place you in fear to get you to enter this plea? Anyone promised you anything other than the plea?
>> No, ma'am.
>> Are you satisfied with the way you've been represented?
>> Yes, ma'am.
>> If you're not a US citizen, by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand?
>> Yes, ma'am.
>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargaining page with your attorney?
Did you understand it?
>> Yes, ma'am. According to the plea, punishment is to be assessed at four years in the prison. There's a $1,000 fine probated and the state recommends community supervision. Did you understand that to be your plea?
>> Yes, ma'am.
>> State defense >> be judge.
>> It is judge.
>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?
>> Yes, ma'am.
>> 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 rules upon by the court. Did you understand?
>> Yes, ma'am.
>> Any such motions? No, your honor.
>> Outside the agreement, the state is recommending your community supervision be for a term of four years. There be 100 hours community service restitution, the D O course, and regular UAS. 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 offense, how do you plead guilty, not guilty, or no contest? State any evidence?
>> State exhibit number one and all.
>> I've reviewed that my client. We have no objection.
>> All right. State excuse.
>> Thank you. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?
>> Yes, ma'am.
>> 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?
>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?
>> Yes, ma'am. Court will find that the uh defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments. Court has reviewed the same. Court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?
>> Yes, your honor, please.
>> All right. Who is uh the person that was the passenger? Who is Benton to you?
>> That was childhood friend of mine.
>> All right. And when did you first start using?
>> I'm sorry, what?
>> About 10 years ago, I was self-medicating myself. I was taking a disabled man with me and diabetic on medication and >> all right. The court then uh and has he been uh reviewed for um veterans treatment court?
>> I don't think he has, judge.
>> All right. The court is going to find you guilty, sentence you to four years in the prison, suspended for four years.
There's a $1,000 fine that will be probated.
Uh a referral to felony drug court. Uh Miss Abrams, do they want that in custody or out of custody?
>> Felony court.
>> I'm sorry, not felony drug court. VTC.
>> Out of custody.
>> All right. A referral to VTC. That's to be done out of custody. You're to make all of those appointments. You understand? Uh that is a program that can help you with your issues and help you navigate anything that needs to be navigated for your veteran benefits and all of that.
>> Temple.
>> Yeah. All right. There's to be no contact with Alta Wayne Benton. That's a L TA W A Y N E B N T L N.
Are you leaving to live in another county? No. No. No.
All right. Regular reporting by Zoom or in person. Regular random UAS. Proof of employment or disability within 45 days of release. No employment as a home health care provider or with minors. No residing in households with minors.
No unsupervised contact with minors.
That may change, but once you committed to your sobriety, you understand?
>> Yes, ma'am. Yes, ma'am.
>> And do you have any children?
>> No, ma'am. They're all going.
>> All right. 100 hours of community supervision. I'm sorry. Community service restitution, one hour deduction for every sober support meeting completed. Uh, probation. Is there anything else?
>> Thank you. Bill visits one time per month for six months.
Is there anything you need from the court to be successful?
>> All right. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it?
>> Yes, ma'am.
>> Because this is a plea bargain agreement because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand?
>> Yes, ma'am.
>> All right. Good luck to you. Thank you.
Oh, and I'm so sorry. This is a felony conviction, so you're not allowed to own or possess any weapons or ammunition.
>> All right. Good luck to you. Thank you.
You're welcome.
>> Court is calling 2026 CR00003059 State versus Kendall Smith. Can I have parties announced?
>> State.
>> Joseph States in defense.
>> Are you Mr. Smith?
>> Council, you received all discovery. Did you review with your client?
>> Yes, your honor.
>> Court will find that the state is in compliance with discovery. Mr. Smith, did you review the application for deferred adjudication with your attorney? Did you understand it and sign it?
>> No.
>> Did you review the true bill of indictment with your attorney? Did you understand it?
>> Council, do you wave the reading of the indictment?
>> Yes, judge.
>> State, are you proceeding on the indictment as presented?
>> Yes, >> all right. Did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?
>> No. Your charge of possession of control substance penalty group one less than one gram. That's a state jail felony.
Range of punishment is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering this plea, you're giving up those rights. If the court were to grant 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 two years in the state jail facility and up to $10,000 fine. Did you understand?
>> Yes, ma'am.
>> Council, has your client been able to provide you with any defenses?
>> Yes, judge. Do you believe he has a rational as well as a factual understanding of the charges against him?
>> Yes, your honor.
>> Do you believe he's currently competent and was legally sane at the time of the offense?
>> Yes, your honor.
>> Sir, has anyone threatened your horse to you or place you in fear to get you to enter this plea?
>> Anyone promised you anything other than the plea?
>> No, ma'am.
>> Are you satisfied with the way you've been represented?
>> Yes, ma'am.
>> If you're not a US citizen, you will be deported, denied naturalization, and re-entry. Did you understand?
>> No. Court will find that defendant has knowingly involuntarily waved his right to jury trial. Did you review the plea bargain agreement with your attorney?
Did you understand it?
>> Yes, ma'am.
>> According to the plea, punishment is be assessed at $1,000 fine. State recommends deferred adjudication and there is $120 restitution to the Bear County Crime Lab. Did you understand that to be your plea?
>> Yes, ma'am.
>> State and defense.
>> Yes, judge.
>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places? 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?
>> Yes, ma'am.
>> Any such motions?
>> No, your honor.
>> Outside the agreement, the state is recommending that you deferred adjudication before a term of two years.
There be a tap evaluation, 100 hours of community service restitution, and random UAS. Did you understand those were recommendations from the state and the court does not have to follow those recommendations? Then to the office, how do you plead? Guilty, not guilty, or no contest?
>> State any evidence?
>> State one and all.
>> No objection.
>> State may be excused.
>> Thank you, sir.
>> Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?
>> 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. Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports but most importantly there will be no live testimony. Did you understand?
>> Yes ma'am.
>> Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept in evidence states exhibits one and attachments. The court will review the same. Court will find that there's sufficient evidence to find you guilty.
The court will defer finding guilt as you've applied for deferred adjudication. Are you proceeding with sentencing?
>> Yes, your honor. We wave PSI.
>> All right. Do you have any children?
>> No.
>> All right. Who's your support system?
>> My people.
>> I'm sorry.
>> My family.
>> All right. Do you live with your family members?
>> Who do you live with?
>> Um, mom. My brothers.
>> Okay. So, how often were you using before you were arrested?
>> Not that much.
>> What does that mean? Because I wasn't with you, so I don't know what not that much means.
really do it.
>> I'm sorry.
>> I really do it.
>> So, it just happened that this time >> you were doing it. You were caught.
>> Yeah.
>> All right. This is what the court is going to do. Two years deferred adjudication, regular reporting by Zoom or in person, regular UAS or the patch, 120 uh I'm sorry, $120 restitution to the Bear County Laboratory. $1,000 fine that will be probated in custody.
There's to be a referral to felony drug court and a tap evaluation if not accepted into felony drug court. Uh then follow tap recommendations.
There should be proof of employment within 30 days of release. No employment as a home health care provider with minors.
Uh no residing in households with minors.
Are there minors in the household or not?
>> Okay. Uh there is to be um 200 hours of community service restitution.
One hour will be deducted for every sober support meeting completed.
Field visits one time per month for three months. Probation. Is there anything else?
Is there anything else you need from the court to be successful?
All right. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it?
>> Yes, ma'am.
>> Because this is plea bargain agreement because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal.
>> If I may, your honor.
>> Yes.
>> I believe you said the referral and tap in custody.
>> Yes. And what I can tell you with regards to the felony drug court, if you're honest with them, they'll accept you and they'll be able to see you before the week is out because we're going to do the referral today. It doesn't take them that long to get their referral in.
>> Okay. If I can just let them know of you'll have to remain in custody for that evaluation instead of the evaluation on the if you're out of custody, it could take like three months to the backlog. The judge order it in custody. But if you should have the evaluations happen this week for Michael Jones >> and Joseph, if for some reason he is not accepted in felony drug court, just come back to me and I'll probably change the tap evaluation.
>> I'll monitor it. That way you don't hear jail. Okay.
>> We have to wait for the evaluation.
>> Yes, >> it'll be felony drug court evaluation will probably be done before the week is out.
>> All right. Uh let's bring the jersey.
>> Thank you, judge.
>> You're welcome. There's a comment.
>> Thank you.
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