In criminal court proceedings, judges have the authority to immediately dismiss self-represented defendants who employ arguments associated with the Sovereign Citizen movement, as these arguments are legally frivolous and undermine the judicial process; the court will revoke self-representation status and appoint counsel when a defendant demonstrates an inability to competently represent themselves or engages in disruptive courtroom behavior.
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Sovereign Citizen Tries Courtroom Tactics Judge Immediately Shuts Him DownAdded:
2023 CR0466 State of Texas versus Jarvey Lyons. Can I have parties announced for the record for the state?
>> Lindsey Sharp for the state.
>> Defense?
>> Leonardo Garzon.
>> Are you Mr. Lyons?
>> No.
>> All right.
You entered a plea of no contest on March 27th.
According to the plea, punishment is to be assessed at 6 years in the prison.
The state is opposing your application and they're taking into consideration 2023 CR0465 and County Court Cause Number 692954.
Have both parties had a chance to review the PSI report, state?
>> Yes, ma'am.
>> Defense?
>> I have, your honor.
>> Any witnesses, uh, state?
>> None from the state.
>> Defense, any witnesses?
Any objections to the PSI report, state?
>> No, ma'am.
>> No objections, your honor.
>> All right. Uh, state, you are opposed?
>> Yes, your honor.
>> All right, you may proceed, state.
>> Judge, what this comes down to is just >> All right, everyone, please whisper.
Everyone, we are on the record. Please whisper.
Yes.
>> The When you look at the facts of the case, Judge, what the defendant did was um aggressive and violent and scary for this victim. And I think what's telling for me is when you read the stipulations, the the the police report versus the way the defendant described it in his PSI, there's there's To me, the defendant is still not admitting to what's to what happened. He claims in his PSI that he found a backpack and two phones in the bathroom and that someone ran up to him with a pair of bolt cutters and he slapped him because he didn't know what to do. But when you look at the police report, that is not at all how the victim, uh, explains what happened that night. In fact, the way the victim states it is that the the defendant approached him and stole his backpack and they got into a fight over the backpack and the defendant threatened him and said, "I'm about to shoot this dude." So, I think I have an issue with the way that the defendant is telling the story and the way that it happened according to the victim in the police report. Um I know he's young and he has no criminal history, but based on the facts I don't think it's appropriate in this case.
All right.
>> If I may, Your Honor, obviously this was an incident that uh there was a disagreement between these two people. He did He does admit takes responsibility for his actions, Your Honor. So, okay, there's a question as to how it happened.
Uh he does not have a prior record.
He's He's asking the court and we're asking the court to place him on deferred. He's never had any trouble before. Uh he's willing to do all the outpatient treatment that's required of him.
Um he understands that and he's taking responsibility.
So, we're asking the court to do that, place him on deferred.
>> All right.
That's what I learned.
Anything you wish to say?
>> No, ma'am.
>> I'm sorry, is that a no or yes?
>> Um no, ma'am.
>> They're asking for inpatient treatment.
Oh, I'm sorry. I'm looking at the wrong file. Just one second.
All right.
>> I guess we're having drug problem with him.
>> All right, this is what the court is going to do. The court is going to find you guilty, sentence you to 3 years in the prison, give you credit for any time served, take in consideration 2023 CR0465, County Court Cause Number 692954.
There's to be no contact with Larry Smith Jr.
and Travis Martinez.
Mr. Wein- Weinans, I want you to know that I read the stipulations and I read the PSI report. I never take any of these cases lightly.
I never take it lightly when I'm sending someone to prison because, you know, I don't have a crystal ball, but I do review everything. And this was more than just a simple robbery.
It was violent in nature.
Uh so, that's what I'm sending you to.
Counsel, I will um retain jurisdiction.
Going to show you what's entitled Trial Court Certification of Defendant's Rights to Appeal. Did you review that with your attorney? Did you understand it and did you sign it?
I'm sorry.
>> Yes, ma'am.
>> All right, because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand?
And because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you need to speak to an attorney. Do you understand?
>> Yes, ma'am.
>> All right, we can go off the record. And if you are a member of the Weinans family, which you told me last time, you need to start living up to the name. You understand?
All right, good luck to you.
2021 CR8727, State of Texas versus Elsmiralda Valdez.
Can I have parties announced for the record for the state?
>> Hank Wilkins for the state, Your Honor.
>> Defense?
>> John Coons for Ms. Valdez and I'm standing in for Ms. Enriques.
>> All right, any objection to this attorney standing in for Ms. Enriques?
All right, you're going to need to speak up.
>> No.
>> Counsel, have you received all of the discovery and did you review it with your client?
>> We have, Your Honor.
>> Court will find that the state is in compliance with discovery.
Showing you what's entitled application for community supervision, did you review that with your attorney, did you understand it and did you >> Yes.
>> All right, so here's the thing. You're going to have to speak up. If you cannot speak up where I can hear you and the court reporter can hear you, then I will send you back and then once you're able to speak up, we will bring you back. Do you understand?
>> Yes.
>> Showing you what's entitled true bill of indictment, did you review this with your attorney, did you understand it?
>> Yes.
>> Counsel, do you waive the reading of the indictment?
>> Your Honor.
>> Uh state, are you proceeding on the indictment as presented?
>> Yes, Your Honor.
>> Are y'all proceeding on both counts or just count one?
Count one only, is that correct? Or count two?
Count two?
>> I believe we're doing both just because they're different I looked at the the waiver and steps and it had both counts in it, Judge.
>> Oh, it just says punishment will be assessed be assessed at two years. It doesn't say if you're >> I I believe it's both counts because count one is the heroin count two is the meth.
>> Okay.
Thank you.
All right, Ms. Valdez, I'm going to show you what's entitled court admonishments and defendant's waivers and affidavit of admonitions. Did you review that document with your attorney, did you understand it and did you sign it in all the appropriate places?
>> Yes.
>> Did you understand in count one you're charged with possession of a controlled substance penalty group one, 1 g to 4 g and in count two, you're charged with the offense of possession of a controlled substance felony group one, 1 g to 4 g.
Both of those counts are third-degree felonies. The range of punishment is anywhere from 2 to 10 years in prison and up to a $10,000 fine. Did you understand?
>> Yes.
>> There's sufficient evidence to find you guilty, and the court will find you guilty as charged in count one and count two. Are we proceeding with sentencing?
>> We would request that today.
>> Anything you wish to say on behalf of your client?
>> You know, we would request that you follow the plea bargain. This is a slightly unusual in that this is not a deferred offer, but my client had conferred with Ms. Enriquez yesterday and decided that she didn't want to apply for a deferred.
So, we would request that you give her the 2 years probated for 3 and run those counts concurrently.
>> All right. If you're released today, where would you be living?
And with who, I I should say.
>> With my mom.
>> Does your mother want you staying with her?
>> Yes.
>> Did you ask her, or you just assuming because she's your mother she wants you to stay with her?
>> No, I asked.
>> All right. When's the last time you asked?
>> Uh I spoke to her before I came in today.
>> All right.
What's your drug of choice and how often are you using?
>> Um heroin.
Heroin.
>> Huh?
>> Heroin.
>> Heroin?
How often are you using heroin?
>> Um occasionally.
>> I'm sorry.
>> Occasionally.
>> No, you're doing more than occasionally if you're going into places and taking people's things. How often are you using heroin? Here's the thing, I'm trying to consider not one, whether I'm going to follow this plea bargain agreement. Two, I'm trying to consider what would be best for you. Now, it appears that you agreed to your underlying sentence being 2 years. If you just want to go to for prison for 2 years, I will send you today to prison for 2 years. But otherwise, you need to be honest with me because if you're not, you know what I'm going to do? I'm going to send you out and I'm going to follow this plea bargain agreement, send you out into the free world, and have you call the UA hotline, and at some point in time, you're going to get caught for using heroin, and then you know what's going to end up happening?
They're going to file a motion to revoke, and you're going to be right back in jail, and you're going to come back to me, and then you're going to say, "Oh, no, I need help. I use heroin." So, you need to be honest with me. How often are you using heroin? And it's not occasionally, I know that much.
>> Okay.
>> Why was that so hard to tell me?
I'm sorry?
>> Are you embarrassed?
>> Yes.
>> All right. Well, here's the thing. We are all on a journey, hopefully of improving our lives. Where we are now is hopefully not where we will end in in our growth. So, hopefully today, maybe today will be um the worst day that you can have. And maybe from here on out, you'll make changes to improve yourself, and you won't be back. You won't be using heroin again. You understand?
>> Yes.
>> How many children do you have?
>> One.
>> How far did you go in school?
>> 10th.
>> Why did you drop out?
>> Um my mom was sick.
>> I'm sorry, what?
>> My mom was sick.
My mom was sick.
>> Why would your mom take you out of school?
>> Because she had a hard time cuz I was not like going to school.
>> Were you struggling with drugs already at that point?
>> No.
It's the pot.
>> All right. I don't think her mother is the person for her to be living with is if you have a mother who's going to take somebody out of school at 10th grade.
Have you ever had employment?
>> Yes.
>> Doing what?
>> I was working at 7-Eleven.
>> How old are you?
>> 27.
>> All right.
Uh this is what the court is going to do. I'm sorry, before I do that, any other questions, Mr. Coons?
>> No, your honor. No questions.
>> All right.
All right, I'm going to sentence you to 2 years in the prison suspended and probated for 4 years. There's going to be a TAP evaluation while in custody.
Follow all TAP recommendations.
>> Do we know how long it's taking for the TAP evaluations?
>> How long?
>> 1 to 2.
>> Okay. All right.
All right, $57 restitution to SAPD.
There's going to be 90 sober meetings in 90 days.
And I know you all were recommending sober support meetings two times a week.
That's your agreement.
But I think she needs more than that.
So, I have not followed your agreement with regards to the sober meetings. Is there going to be an objection?
>> No, judge. And just for the record, I've explained to my client about with regard to the restitution and the fine and the court costs and things, but the most important thing for you is to make sure she shows up where she's supposed to show up, when she's supposed to show up.
Even if she's running low on money and and can't necessarily afford the probationary fees or anything like that, as long as she shows up and tries to stay in compliance with everything else, then she should be okay with you.
>> Yes.
We're going to do the UA hotline until further notice. $500 fine will be probated. Proof of employment within 45 days of release.
There's to be no employment as a home health care provider or with minors.
200 hours of community service restitution. Those hours will be waived if you obtain your GED or if you obtain some sort of trade certificate or something that can make yourself better in place to get employment. Do you understand?
>> Yes.
>> There's to be regular reporting by Zoom or in person.
I'm going to want field visits one time per month until further notice.
Uh probation, is there anything else she needs?
>> I have Are you thinking about the situation or her certificate or >> Yes.
So, you're going to either have to obtain your GED or complete some sort of trade school, but once you do that, your community service hours will be waived. Do you understand?
>> Yes.
>> But regardless, you have to complete it.
>> Yes.
>> Is there anything else you need from the court to be successful?
>> No.
>> [clears throat] >> All right. Showing you what's entitled trial court certification of defendant's rights to appeal. Did you review that document with your attorney? Did you understand it and did you sign it?
>> Yes.
>> Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.
Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to your attorney. Do you understand?
>> Yes.
>> All right. Can we go off the record? All right. What are the tattoos about?
>> Um Um my mistakes.
>> No, I'm sorry.
>> Um my ex-relationship is past tense.
>> All right. And on the other arm?
>> This is um a queen slate.
>> All right. Is there any gang affiliation involved with you?
>> No.
>> Any gang affiliation involved with in your past relationships?
>> No.
>> With the people you were dating?
>> No.
>> All right. So, probation, if you can make sure you look into that. All right.
Is there anything else you need from the court?
>> Mm, no.
>> All right. And this court, communication is key to be successful on probation. If there's an issue or something that's going wrong in your life and you need some help with it, let probation know. If you feel as though they're not addressing the issue, you can always come to court and let me know and we'll see what's going on.
>> Okay.
>> All right. Good luck to you.
>> Thank you, ma'am.
>> You're welcome.
>> All right, Mr. Baker, you're before the court today for your uh arraignment.
And let's see.
You're not Have you hired an attorney?
>> No, sir.
>> Do you plan on hiring one?
>> No, sir.
>> You going to represent yourself or do you wish to have the public defender to represent you?
>> No, sir. I'm representing myself.
>> All right. You're before the court today for your arraignment. You've been charged by way of an information with possession of a a cocaine, possession of a controlled substance, but count one and two. Those are both third-degree felonies punishable by five years in the Florida Department of Corrections and a $5,000 fine.
You have a count three, which is fleeing or attempting to elude high-speed reckless.
I believe that should be a second-degree felony punishable by 15 years in the Florida Department of Corrections and a $10,000 fine.
Count four is driving while license canceled, suspended, or revoked third or subsequent offense. That's a third-degree felony punishable by five years in the Florida Department of Corrections and a $5,000 fine. And count five, possession of marijuana less than 20 g, which is a first-degree misdemeanor punishable by one year in the county jail and a $1,000 fine.
So, you're looking at a total of about 30 years in the Florida Department of Corrections if you're convicted of everything and you get the maximum sentence. And you still wish to represent yourself?
>> Yes, sir.
>> If you'll raise your right hand to be sworn in.
>> Yes, sir.
>> All right, Mr. Baker, state your name.
>> Lee Baker.
>> Mr. Baker, you have asked to represent yourself. Is that correct?
>> Yes.
>> How far did you get in school?
>> Uh, ninth grade.
>> Okay. And so you can read and write?
>> Yes.
>> Okay. Are you employed?
>> No, sir.
>> How do you make a living?
>> I'm unemployed right now. I was living with someone else.
>> Sure.
>> I'm unemployed. I was living with someone else. I just got out of the jail about 5 months ago.
>> Okay. What is your trade?
>> I have my own business.
>> What kind of business?
>> A cleaning business.
>> Okay. And have you ever represented yourself before?
>> Yes.
>> All right.
Let's see. Are you under the influence of any drugs or alcohol today which would affect your ability to enter to make this decision to represent yourself?
>> No.
>> Have you ever been diagnosed with a mental illness that would affect your ability to make this decision?
>> No.
>> All right. You understand that attorneys are trained in the rules of evidence, criminal procedure, and the law.
And they're there to assist you in preparing pre-trial motions, preparing for uh, uh, pre-trial uh, hearings and to participate in discovery and also preparing for trial.
>> I comprehend that very well.
>> All right. So, you understand that if you're representing yourself, you'll be held to that same standard.
>> I comprehend that.
>> And I cannot and I cannot assist you in any way. The state attorney would not be able to assist you in any way.
Is that correct?
>> I I comprehend.
>> All right. You still wish to represent yourself?
>> Yes.
>> All right. You may have a clerk if you'll print out the information. And Deputy Dexter, it's okay if clerk hands the information to uh, uh, Mr. Baker.
Madam Clerk, if you'll do that. Mr. Baker, when you receive that information, I'm going to ask that you enter a plea at this time.
>> I'd like to file some motions on the record as well, so >> I want to do your arraignment first.
>> All right.
>> All right, whenever you're ready you'll let me know and you can enter your plea.
>> I enter a plea of not guilty.
>> Okay.
All right, you're filing motions?
>> Yes, sir. I got a >> Do you have copies for the state?
>> Yes, I do.
>> Okay.
>> I got a whole uh got the declaratory uh judgment and I have I want to furnish this this bond to the to the clerk.
>> You file it. Go ahead.
>> For my uh for my release from the Bay County Jail today.
>> Okay.
>> That's the declaratory judgment. That's for the clerk only.
>> Are you providing a copy to the state everything you're giving to the clerk?
>> The uh the bond I I shouldn't have to give the bond. The bond goes straight to the clerk.
>> The declaratory >> Anything you file that you want me to consider, you have to provide a copy to the state, sir.
As you're representing yourself, you have to know those rules. If you don't, you're going to mess up.
>> If you're not providing to the state, I'm not going to consider it.
>> Okay.
>> And the clerk is the clerk doesn't make any determinations on that. All they All the clerk determines is whether you're >> I'm not talking about the bond for the the declaratory declaratory judgment.
I'm talking about the bond for the clerk to release me today. I filed my my eligible obligation.
>> What are you talking about?
>> Sir?
>> What are you talking about?
>> I'm talking about the eligible obligation under the USCA.
>> Oh, you're talking all that kind of stuff. I'm striking all that and uh if I hear it again, I'm not going to let you represent yourself.
I promise you.
Uh you know, he's already entered a not guilty plea. We'll set this for pre-trial.
We'll set it for Don't ask me any questions like that, sir. I'm not answering any questions. If you want to file a motion, file your motion. We'll set it for our December When is that motion day in December?
>> December 19th.
>> December 19th at 9:00. Sir, you Sir, you may If you're going to do the sovereign citizen all that, you may want to consider having the attorney >> I'm a private citizen, sir. I'm not a sovereign citizen. I'm a private citizen.
>> Listen to me. If you're going to If you're going to If you're going to pursue that, you may want to reconsider uh representing yourself.
>> No, sir.
>> But I'm not going to pay attention to any of that. I'm going to strike all that. So, we'll see you December 19th at 9:00.
>> It's no problem.
>> That's enough. I don't want to hear another word.
>> Okay, I'll let the officer >> Another one. I don't want to hear another word. No, put him out.
>> Put your hands on me like that.
>> Get him out of the courtroom.
I don't want to hear another word.
Mr. [snorts] I just heard another word, Mr. Baker. Hush.
Whoa.
Mr. Baker, I'm going to appoint the office of public defender to represent you. I'm going to find that you're not competent to represent yourself at this time. I'm going to reverse my decision.
Office of public defender is repre- is going to represent him. We'll keep it on that December 19th date.
I just did.
All right. Who's ready? All right. Who's ready?
>> All right. I have I have Ashton Solomon.
>> Come on now.
Y'all close that door where I can't hear anything.
Or he gets in any more trouble.
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