In criminal court proceedings, defendants must understand and voluntarily waive their constitutional rights (including right to jury trial, right to cross-examine witnesses, and right to remain silent) when entering a plea bargain agreement, and the court must ensure the defendant has a factual and legal understanding of the charges and consequences before accepting a guilty plea; the judge then imposes sentences based on the plea agreement terms, which may include prison time, fines, and conditions such as therapeutic community programs, while also considering mitigating factors like personal circumstances and the defendant's willingness to take responsibility.
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First He Lost His Mother… Then Lost Everything Else in Court — Judge Responds with Cold TruthAdded:
Here's the thing. Everybody has lost someone. Everyone has gone through things in their life. And the best thing that you can do is to try to make that person that you've lost proud by your actions. And doing what you're doing is not making them proud. You understand?
The court is calling 2022 CR411 state of Texas versus Adam Blake Carol.
Can I have parties announced for the record for the state?
>> Ryan Gmer for the state of Texas.
>> Gary Hill from Mr. Congress. Good morning. Good morning. And are you Mr. Carol?
>> Yes, ma'am.
>> All right. Uh, Mr. Carol, it have it has listed as it has Jay Norton listed as your attorney of record. Do you have any objections to this attorney standing in?
>> No, ma'am.
>> Off the record for a moment.
Um, Albert Gutierrez, the interpreter is here, so if you want to uh discuss a couple of things with her and give her the case number and everything.
>> Okay.
>> All right. We're back on the record.
Defense, I'm showing you the discovery acknowledgement. Have you received all the discovery in this case? And did you review it with your client?
>> We have, and we did, your honor.
>> Court will find that the state is in compliance with discovery.
Next, uh, Mr. Carol, I'm going to show you what's entitled True Bill of Indictment. Did you review that document with your attorney? Did you understand it?
>> Yes.
>> Council, do you weigh the reading of the indictment?
>> We do. Your honor, >> state, are you proceeding on the indictment as presented?
>> We are, Judge.
>> Mr. Carol, I'm going to show you what's entitled Court Managements and defendants waiverss 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, you.
>> Did you understand you're charged with the offense of felon in possession of a firearm? That's a thirdderee felony. The range of punishment is anywhere from two to 10 years in prison and up to a $10,000 fine. Did you understand?
>> Yes, sir.
>> If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement.
If for any reason the court does not follow your plea bargain agreement and gives you more than you bargain for, the fact that you enter a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?
>> Yes, sir.
>> Did you understand you have a right to jury trial? the 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 by entering this plea bargain agreement, you were giving up those rights?
>> Yes.
>> And did you intend to give up those rights and enter into a plea bargain agreement in this case?
>> Yes.
>> Council, has your client been able to provide you with any defenses to this offense?
>> He has.
>> Do you believe he has a rational as well as a factual understanding of the charges against him?
>> I do. Just judge.
>> Do you believe he's currently confident was legally sane at the time of the offense?
>> I do. Yes.
>> Mr. Carol, has anyone threatened you?
Horse or place you in fear to get you to enter this plea?
>> No, judge.
>> Has anyone promised you anything other than the plea bargain agreement?
>> No.
>> Are you satisfied with the way you've been represented?
>> Yes.
>> Are you a US citizen?
>> Yes, ma'am.
>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Showing you the plea bargain page. Did you review that page with your attorney? Did you understand that?
>> Yes, you.
>> According to the plea bargaining agreement, punishment is be assessed at eight years in the prison. There's a $1,500 fine. There are no applications.
This will recoccive current with 2016 CR5487W and 2016 CR10468.
State will take in consideration 2022 CR4110.
Nightm 662653 and 67089.
And there's a motion to destroy the weapons. Did you understand that to be the plea bargain agreement?
>> Yes, your honor.
>> Defense is at the plea bargain agreement.
>> It is your honor. state. Is that the plea bargain agreement?
>> It is, Jack.
>> Then next, I'm going to show you what's entitled waiver repeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?
>> Yes, your honor.
>> 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, your honor.
>> Councelor, there such motions.
>> Then to the offenses charge and indictment, how do you plead guilty, not guilty or no contest?
>> Guilty.
>> State any evidence to support the defendants's guilty, please. Yes, judge.
State would offer states exhibit number one.
>> Uh, no objection, judge.
>> Mr. Carol, I'm showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney?
Did you understand it? And did you sign it in all the appropriate places?
>> Yes, your honor.
>> 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?
>> Yes. 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 no involuntarily waving consent to stipulates or testimony and stipulations. Court will accept into evidence states exhibits one in attachments and review the same.
All right. After viewing states exhibits one in attachments, the court will find there is sufficient evidence to find you guilty. The court will find you guilty.
Are we proceeding with sentencing?
>> Yes, your honor.
>> Anything you wish to say on behalf of your client?
>> Judge, we can't hide from the facts of this case, but Mr. Carol is here today.
Uh he wants to take responsibility for his actions. judge. Um we just respectfully ask that the courts follow uh the pre in this case. Um while it doesn't excuse his behavior and the facts in this case and the others that the truth is still the truth, your honor, um Blake Carol has been on a downward spiral since he's lost his mother in 2011. Um and his his sister will attest to that if she needs to, but she I spoke to her yesterday. Uh he was very close to his mom. She passed away suddenly in 2011. This is not an excuse.
We're not trying to excuse anything, but the the truth is still the truth. Ever since then, he struggled with substance abuse problems and this spiral to problems with methamphetamines.
So, that's why we are here today because of his addiction to drugs. Um, he's taken full responsibility for his actions. Hopefully, the court will follow the agreement. We give him sufficient time to go to TDC and hopefully um readjust. He's got a loving family that support him, your honor. He has a job. Should he come out as a land surveyor? It's well paid. He can be rehabilitated. He just asking for another chance after he's paid his debt judge.
>> All right. The court will find you guilty. Senate to eight years in prison.
Give you credit for any time served at the $1,500 fine. Time and money to run concurrent.
Uh, this is run concurrent with 2016 CR5487W.
2016 CR10468.
taking consideration 2022 CR4110 night mag number 662653 670896 and the weapons are to be destroyed.
Would you uh like to be considered for the therapeutic community?
>> Yes.
>> All right. Uh here's the thing about the therapeutic community. I have no jurisdiction to force them to uh accept you. All I can do is request it for you.
But I do know if you do not request it, then you most definitely will not receive it. So, you have to request it as well. Do you understand?
>> Yes, ma'am.
>> All right. I'm going to show you what's entitled trial court certification of defendants's rights to appeal. Did you review that document with your attorney?
Did you understand it? And did you sign it?
>> Yes. Yes, your honor, I did.
>> All right. Because this is a plea bargain agreement because I followed your plea bargain agreement and because you waved your right to appeal, do not have the court's permission to appeal.
Do you understand?
>> Yes, your honor.
>> All right. The court is going to proceed with clause numbers 2016 CR 5487W and 2016 CR10468.
and each of the cause numbers I'm showing you what's entitled motion to enter adjudication of guilt and revoke community supervision first amended motion to enter adjudication of guilt and revoke community supervision and second amended motion to enter adjudication of guilt and revoke community supervision. Did you review those documents with your attorney and did you understand them?
>> Yes, your honor. And cause number 2016, CR54 87 WRU, the same Adam Blake Carol who was placed on deferred adjudication for the offense of possession of a controlled substance penalty group 14 to 200 grams on September 28th, 2016 for a period of eight years. Is that you?
>> Yes, J. That's me. And are you the same uh Adam Blake Hale who was placed on community supervision in 2016 CR14 sorry 10468 for the offense of possession of a controlled substance penalty group one four grams to 200 grams on June 27th 2017 for a term of 8 years. Is that you?
>> Yes ma'am.
>> State are you proceeding on u same allegation in each motion? I think so, judge. And from my view of them, they both track the same language.
>> All right. Any objection to the state reading uh one allegation and your client answering that for each motion?
>> All right. State violated condition number one. Honor about the 14th day of December 2021 in Bear County, Texas. The defendant Adam Blake Carroll committed the offense of unlawfully carrying a weapon in violation of condition number one.
>> How do you plead to that in each motion?
True or not? True.
>> True.
>> We'd wave the remaining conditions on both motions. Change.
>> Any objection? Objection.
>> All right. Did you understand by pleading to violation of condition uh one in 2016 CR5487W, the court could find it true, grant the motion, and send it to up to just one moment.
I'm sorry. And sentence you up to uh 20 years in the prison. Did you understand?
>> Yes.
>> Knowing that, do you still wish to plead true to violation of condition number one in 2016 CR5487W?
>> Yes, ma'am. Then in uh cause number 2016 CR 54 87W, the court would find violation of condition number one true. And did you understand by pleading true to violation of condition number one in 2016 CR10468, the court could find it true, grant the motion and sentence you up to uh 10 years in the prison. Did you understand?
>> Yes, ma'am.
>> Knowing that, do you still wish to plead to violation of condition number one in that cause number? Yes, your honor.
>> Then in cause number 2016 CR10468, court will find violation of condition number one. True. Is there an agreement?
>> There is an agreement, judge. In 2016 CR5487W, we ask that you enter an adjudication of guilt uh and then revoke Mr. Carol's probation and sentence him to 8 years TDC to run concurrent with 2022 CR 411 and cause number 2016 CR10468.
In cause number 2016 CR10468, we ask that you enter uh that you revoke his probation and reform the underlying judgment from 10 years to 8 years and sentence him to 8 years TDC to run concurrent with 2016 CR 5487W and the other case he just pled on 2022 CR 411.
Is that the agreement defense? It >> is your honor.
>> And Mr. uh Carol, are you asking the court to follow that agreement in each of the cause numbers?
>> Yes, ma'am.
>> And are you waving your right to appeal in each of the cause numbers?
>> Yes, ma'am.
>> All right. Then in cause number uh 2016 CR10468.
The court will send you to eight years in the prison. Give you credit for any time served. business to run concurrent with 2016 CR5487W and 2022 CR4111 and a cause number of 2016 CR5487W the court uh will grant the motion find you guilty sentence you to 8 years in the prison give you credit for any time served this will run concurrent with 2022 CR11 >> is there another one in there >> I think it's four and then three four one.
>> All right. 2022 CR 41 one and cause number 2016 CR10468.
Is there anything else from either side with regards to sentencing?
>> No, Judge. Nothing from the bench.
and each of the cause numbers. I'm going to show you what's entitled trial court certification of defendants rights to appeal.
>> Did you review that document with your attorney? Did you understand it?
>> Yes, ma'am. I did.
>> All right. each of the cause numbers 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, you understand.
>> And in each of the cause numbers and in the previous cause number where you were sentenced because these are felony convictions. You're not allowed to own or possess any weapons or ammunition. Do you understand?
>> Yes, your honor.
>> If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?
>> Yes, ma'am.
>> All right. in each of the call numbers.
I request a therapeutic community.
>> Thank you.
>> You're welcome. All right, we're off the record. Here's the thing. Everybody has lost someone. Everyone has gone through things in their life and the best thing that you can do is to try to make that person that you've lost proud by your actions and doing what you're doing is not making them proud. You understand?
>> Yes, ma'am.
>> So, you got to better your life. And with the time that you have left on this planet, you just got to be the best human that you can be. You understand?
Yes.
>> All right. Good luck to you.
>> Thank you, ma'am.
Excuse.
>> Yeah, maybe excuse.
>> Thank you.
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