In criminal court, when a defendant enters a plea bargain agreement, they must knowingly and voluntarily waive their constitutional rights including the right to a jury trial, the right to cross-examine witnesses, and the right to remain silent; the court is not bound by the plea bargain agreement and may impose harsher sentences, but the defendant can withdraw their plea if the court does not follow the agreed terms.
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3 CR 0475 state of Texas versus Haley Desiree Lopez. Can I have parties announced for the record for the state?
>> Jason Morgan for the state.
>> Defense?
>> James C. Loftis, court appointed.
>> All right, this hearing was scheduled as at 9:00 a.m. Your client is not present.
Have you had any contact with your client?
>> I sent out the contact letter. I have not received a response, Your Honor.
>> All right, I'm having the deputy make announcements outside. And Carolyn, could you check to see if this is a PR bond? Uh Deputy Lord, did you make an announcement for Haley Lopez?
>> I did, Your Honor.
I made the announcement.
>> All right.
State?
>> State moves for bond forfeiture, Judge.
>> All right, that'll be granted. Your client will be remanded without bond. If your client makes an appearance, the court will reconsider.
>> Thank you, Your Honor. May I be excused?
>> Yes.
Yes, you may be excused. And if your client appears, we'll call you.
>> Thank you. I'll take it.
>> Let's hear on Haley Lopez.
>> Ready, Your Honor.
>> Court is calling 2023 CR 0475 state of Texas versus Haley Lopez.
Can I have parties announced for the record for the state?
>> Jason Morgan for the state.
>> Defense?
>> James C. Loftis, for the defense.
>> All right, and are you Ms. Lopez?
>> Yes, sir.
>> Counsel, have you received all the discovery in this case and did you review it with your client?
>> Yes, I have.
>> Court will find the state is in compliance with discovery. Ms. Lopez, I'm showing you what's entitled application for deferred adjudication or community supervision. Did you review that with your attorney? Did you understand it and did you sign it?
>> Yes, sir.
>> Next, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?
>> Yes, sir.
>> Counsel, do you waive the reading of the indictment?
>> We waive the reading of the indictment.
>> State, are you proceeding on the indictment as presented?
>> Yes, Your Honor.
>> Ms. Lopez, I'm showing you what's entitled court admonishments and defendant's waivers and affidavit of admonitions. Did you review that with your attorney? Did you understand it?
Did you sign it in all the appropriate places?
>> Yes, Yes, >> Did you understand you're charged with the offense of possession of a controlled substance penalty group one, one gram to four grams as a third degree 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 and gives you more than you bargained for, the fact that you entered 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, 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, sir.
>> Did you understand by entering this plea bargain agreement you are giving up those rights?
>> Yes, sir.
>> And did you intend to give up those rights and enter into a plea in this case?
>> Yes, ma'am.
>> Did you understand if the court would have granted your application for deferred adjudication, if for any reason your deferred adjudication revoked, the court could find you guilty and sentence you up to 10 years in prison and up to $10,000 fine?
>> Yes, ma'am.
>> Counsel, has your client been able to provide you with any defenses?
>> Yes, she has.
>> Do you believe she has a rational as well as a factual understanding of the charges against her?
>> I believe she does.
>> Do you believe she's currently competent and was legally sane at the time of the offense?
>> I believe she was.
>> Ms. Lopez, has anyone threatened you, coerced you or placed you in fear to get you to enter this plea?
>> No, ma'am.
>> Has anyone promised you anything other than the plea?
>> No, ma'am.
>> Are you satisfied with the way you've been represented?
>> Yes, sir.
>> Are you a US citizen?
>> Yes, sir.
>> Court will find the defendant has knowingly and voluntarily waived her right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?
>> Yes, ma'am.
>> According to the plea, there's a $1,500 fine. State recommends deferred adjudication and there's to be restitution, if any, for laboratory testing. Did you understand that to be the plea?
>> Yes, ma'am.
>> Defense?
>> Yes, your honor.
>> State?
>> Yes, sir.
>> Showing you the paragraph entitled waiver of appeal paragraph, did you review that paragraph with your attorney? Did you understand it? Did Did it in both places?
>> Yes, sir.
>> Did you understand by signing that you're waiving 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.
>> Counsel, have there been any such motions?
>> No, your honor.
>> Next, I'm showing you outside the plea bargain agreement. State is requesting that your community supervision be for a term of 3 years. There'll be a TAP evaluation, 150 hours community service, restitution, and the drug offender education program, and regular UAs. Did you understand those are recommendations from the state, and the court does not have to follow those recommendations?
>> Yes, sir.
>> Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest?
>> Guilty.
>> State, any evidence?
>> Yes, your honor. The state offers exhibit one, the defendant's waiver of rights and stipulations of evidence.
>> No objection, your honor.
>> All right, state, you may be excused to continue to confer.
>> Thank you.
>> Ms. Lopez, I'm showing you what's entitled waiving consent to stipulation of testimony and stipulations. Did you review that document with your attorney?
Did you understand it? 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, your honor.
>> Did you understand that today the state will be presenting evidence in the form of witnesses' statements and police reports, but most importantly, there'll be no live testimony. Did you understand?
>> Yes, your honor.
>> Court will find the defendant has knowingly and voluntarily waiving consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments, and review the same. All right, after reviewing state's exhibits one and attachments, the court will find there is sufficient evidence to find you guilty. The court will defer finding you guilty as you have applied for deferred adjudication. Are you proceeding with sentencing?
>> Yes, your honor.
>> Anything you wish to say on behalf of your client?
>> Yes, please. Your honor, my client is court-appointed. She starts her job today at 2:00 at Denny's as a dishwasher.
>> Okay.
>> I want the court, if if you can, please take that into consideration in assessing the fine and the fees and the community service hours.
Thank you.
>> Thank you. Do you have any children?
>> No, ma'am.
>> Do you live by yourself?
>> I stay with my fiance.
>> With whom?
>> My fiance.
>> Okay.
And um who is Imateria Hernandez to you?
>> Who is who?
>> Imateria Hernandez, the person who was in the vehicle.
Um Maria Macias?
>> Um Mariah?
>> Yes.
>> Um she was she was a friend.
>> Heather uh Camarena?
>> She was a friend, too.
>> Okay.
So, is your family involved in in your life, supporting you?
>> Yes, but they're they stay in El Paso.
>> Okay.
All right, this is what the court is going to do. Oh, and I'm so sorry. How often are you using meth?
You need to be honest with me because here's the thing, I'm setting your conditions.
Hopefully you will be successful. I don't like putting people on probation and have them fail and potentially go to prison. So, you're looking at potentially going to prison for 10 years if you're unsuccessful. Many people in the box, they're on probation. So, how often are you using meth?
>> Before I got arrested, it was every day.
>> All right, the court is going to do a $1,500 fine, probate it. And how often is it now?
>> I've been clean since I got arrested.
I've been doing classes and everything.
>> Classes where?
>> Lifetime Recovery.
>> Okay, awesome.
All right, it's $1,500 fine, probate it, 3 years to deferred adjudication. She is to continue with Lifetime Recovery. Uh there's restitution to the lab for testing if any, proof of employment within 30 days, no employment as a home health care provider or with minors, regular reporting in person or by Zoom. We're going to do the UA hotline for 3 months and probation if lifetime recovery is testing her.
And you all want to use those tests instead of the UA hotline, you're able to do that. But I want to make sure that those tests are random. Uh just do a tap evaluation so we can see where we are. And there's to be the drug offender education course. I'm going to want field visits one time per month, random. And probation, if you want those field visits to account for her reporting, uh you can do that.
There's to be no contact with E Material Cantu Hernandez, Maria Victoria Macias, and Heather Nicole Camarillo. Uh probation, is there anything else she needs?
At least once a week. Is there anything else you need from the court in order to be successful?
>> Um is there any way I can like living in a therapy session?
>> Sure. Uh what do you do? Just And when you say therapy, what type of therapy?
>> Like for depression and >> Okay. We'll do um can you do a Mick evaluation?
>> [clears throat] >> All right, we'll do a Mick evaluation.
And if there's anything else you need from probation, just ask for it. They know how I I am in this court. Uh if it's something that they can't provide for you, then all you have to do is come back to court and let me know and we'll see if we can work something out.
>> Just for clarification, she starts her job today at 2:00. Will she be free to go today?
>> Yes.
Uh probation's going to give her conditions right here.
>> Right here and then she doesn't have to do anything today.
>> No, they'll >> She can go to work.
>> They'll set up the the time. Just let them know that you have to go to work.
Uh Ms. Abrams, her employment starts at 2:00.
>> Yes, got it.
>> Okay.
>> Thank you.
>> I'm 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?
>> Yes, Your Honor.
>> 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?
>> Yes, Your Honor.
>> All right, we can go off the record.
Here's the thing about drug use.
It's not FDA approved. People are just looking to sell and make a big profit, and if somebody ends up dying because they've used drugs, they're like, "Oh, well, next customer." Don't be the person where I'm reading on the news and it's you, okay?
>> Yes, Your Honor.
>> All right, good luck to you.
>> Thank you.
>> Thank you, Your Honor.
>> [music and singing] [music and singing] [music and singing] [music and singing] [music] [singing] [music] >> Poly, only, only, only, only >> [music]
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