Got Caught For His Crimes After 30 YEARS ..Still Begged For Probation — Judge Drops Prison Sentence

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[00:00:12]Uh the court is going to call 2022 CR3521 state of Texas versus Armando De La Rosa. Could all parties announce for the record for the state? Ryan Grummer for the state of Texas. For the defense?

[00:00:25]Miguel Aguirre for the defense, Judge.

[00:00:26]And are you Mr. De La Rosa? Yes, ma'am.

[00:00:29]All right, Mr. De La Rosa, so you entered a plea to count one on May 9th.

[00:00:32]That was a plea of no contest. You applied for deferred adjudication. Uh the court found there was uh sufficient evidence to find you guilty.

[00:00:40]Uh the state waived count uh count two and the repeater paragraph. According to the plea bargain agreement, punishment is via sentence at 10 years in the prison. The state opposed your application, and they're are taking two cases into consideration. Have both parties had a chance to review the PSI report? Yes, Judge. Yes, Judge. All right, any objections to the PSI report from the state? None from the state.

[00:01:04]Defense, any objections to the PSI report?

[00:01:06]>> Just one part, Judge. When we're talking about gang affiliation, I spoke with my client about it. They still have him uh with the Armandos Pistoleros. He claims he has not been with that uh gang for quite some time, and he's been trying to get that I guess fixed over at the jail, and they're still ranking him as that, but he's saying he is not associated.

[00:01:26]So, other than that, that's it, Judge.

[00:01:28]All right. Uh state, do you have any witnesses? We don't, Judge. Defense, do you have any witnesses?

[00:01:33]>> Just argument.

[00:01:35]All right, then uh state, you're opposed, the court will hear argument.

[00:01:38]We are, Judge. Um Judge, I I think in this particular case, my understanding is the uh the plea agreement was for we're asking for 10 years, and he's applying for probation, and we're opposed to probation.

[00:01:48]Uh yes, he's applying for deferred adjudication, and also community supervision if not deferred adjudication. Understood. Um Judge, I I think the biggest thing is dating back to 1994, uh um, Mr. De La Rosa has 19 or I'm sorry, he has 18 arrests resulting in 11 felony convictions.

[00:02:07]Uh, he's been placed on community supervision five times. He's been revoked four of those times.

[00:02:13]Um, he's been in and out of prison it looks like for his entire adult life.

[00:02:17]Uh, this is a case where I think that he has been in the system for so long that I don't think he's a good candidate for probation. Um, other judges have taken opportunities, chances on him on probation and it seems as though every time he has been revoked for those probations.

[00:02:33]Um, in addition there is three cases he's here for, three felony cases, two of them are being TIC. He's received the benefit of the bargain in this particular case with us lowering his exposure to 10 years. Uh, we'd ask that you sentence him to 10 years and you deny his applications for probation or defer. All right, defense. Judge, I'll build there is no dispute that my client has a long criminal history as you see in the PSI.

[00:02:58]He also had a very difficult childhood.

[00:03:00]Uh, drugs seem to be the main problem here.

[00:03:03]He has come to terms with his addiction.

[00:03:06]Uh, he understands that he needs treatment. Uh, while he's been incarcerated, Judge, he has been very very proactive in not only Narcotics Anonymous, trying to get a referral for Haven for Hope, but he has a slew I mean more certificates than I've ever seen any client hand me. I'm going to show them real quick to the state judge with the mic. No objection.

[00:03:25]Uh, I'll hand them over to the court.

[00:03:27]Uh, to the the court for you to use.

[00:03:29]The Gator didn't ever leave the building. And neither did the prosecutor. I'm okay.

[00:03:35]I think this is I'm all right. Yes.

[00:03:38]All right, so these are not being offered into evidence, it's just for the court to review? Correct, Judge.

[00:03:43]We have no objection.

[00:03:48]Just give me a moment to review these.

[00:03:54]Okay.

[00:05:38]>> All right, could you raise your right hand for me, please? Do you solemnly swear for on the testimony you give will be the truth and nothing but the truth, so help you God?

[00:05:45]All right, you [snorts] can lower your hand. Could you state your name for the record.

[00:05:49]All right, what would you like to say to the court?

[00:06:08]She left you a backpack and she left you digital scales?

[00:06:12]And she left you digital scales, that's what you're talking about?

[00:06:20]You put digital scales in the trunk?

[00:06:28]All right. Any questions, defense?

[00:06:31]No questions, judge. State, any questions?

[00:06:33]>> No, judge.

[00:06:36]All right, the court will hear argument.

[00:06:38]I've heard the argument from the state. What is your argument? Judge, and I know we've just gone through exceptionally voluminous jail. A lot of these cases were were sentenced at the same time. I expect what happened was he was potentially on probation, maybe picked up other charges and they were often consolidated together.

[00:06:55]Sometimes it takes an individual hitting rock bottom before they start to try to claw their way back up, judge.

[00:07:01]I would just point again to my client's actions while he's been in custody. He didn't just sit up there feeling sorry for himself. He has started to try to get treatment to to counter act the magnitude of the addiction he's having in his life.

[00:07:18]He's ready to do treatment, judge. If this honorable court would let him on probation, he'd be ready to go straight, but stay in custody and go straight to Saturday, judge. I believe that only through treatment will we break this cycle of him being recharged every year.

[00:07:37]All right.

[00:07:39]Mr. uh La Rosa, I'm not going to grant you um deferred adjudication. I'm going to find you guilty.

[00:07:47]They do have a therapeutic community at the prison. What I can tell you is therapeutic community will not extend your time at the prison.

[00:07:55]Uh if I were to sentence you to 10 years, you're not going to be extended more than 10 years because you decided to be in therapeutic community.

[00:08:03]I have no authority to force them to place you in a therapeutic community, so you'll have to ask for it. Do you understand?

[00:08:12]So, would you like to be placed in the therapeutic community? Yes, ma'am.

[00:08:15]All right. So, I'm going to find you guilty, sentence you to a $1,500 fine, time in money are running concurrent, take into consideration 2022 CR2011 and 2022 CR2012.

[00:08:29]I'm going to ask that you be placed in the therapeutic community.

[00:08:33]Uh would either party like to argue with regards to uh Well, I guess the agreement was for 10 years.

[00:08:40]All right. And I'll sentence you to 10 years in the prison.

[00:08:45]And give you credit for any time served.

[00:08:48]I'm going to show 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?

[00:08:57]Uh 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.

[00:09:05]Do you understand?

[00:09:06]All right, good luck to you, Mr. uh De La Rosa.

[00:09:12]And state, do you have those dismissals?

[00:09:14]I have the case number.