Forced Young Woman Into Prostitution By Giving Them Death Threats — Judge Hit With Prison Sentence

Added: 2026-05-23

[00:00:00]I I understand that you have drug issues and cocaine issues, but I don't think drug issues and cocaine issues make you assault people.

[00:00:08]So, why are you assaulting people? But I don't think there's anything that I can do to help you. There are some cases where people should go to prison. And I'm looking at your federal case.

[00:00:22]Court is calling 2022 CR6212 state of Texas versus Dane Cortez.

[00:00:29]That parties approach.

[00:00:32]Have parties announced for the record for the state.

[00:00:34]>> Michelle Hayden for the state.

[00:00:35]>> For the defense for the defendant.

[00:00:39]>> And are you Dane Cortez?

[00:00:41]>> Yes, ma'am.

[00:00:42]>> All right. you uh entered a plea on uh June July 25th, 2022.

[00:00:50]The court found there was sufficient evidence to find you guilty. The court found you guilty. Um a tap evaluation and PSI report was done. Uh on September 20th, the case was reset through to your attorney due to your attorney's illness.

[00:01:06]And so now we're here for sentencing.

[00:01:08]Have both parties had a chance to review the PSI report state? We have, your honor.

[00:01:12]>> Defense.

[00:01:13]>> We have, your honor.

[00:01:13]>> Any objections to the PSI report state?

[00:01:16]>> No, your honor.

[00:01:16]>> Defense?

[00:01:17]>> None, your honor.

[00:01:18]>> All right. According to your plea bargain agreement, uh, Mr. Cortez, punishment is to be assessed at a cap of 10 years in the prison. There's a $1,500 fine. The state is opposing your applications. They're taking in consideration 2021 CR6392.

[00:01:35]There's an affirmative finding of family violence and no contact with two parties. Um, state, do you have any witnesses?

[00:01:44]>> No witnesses, your honor. Our victim or one of our victims could not get a ride this morning, so I just have her victim impact statement to read.

[00:01:52]>> All right, defense. Any witnesses?

[00:01:54]>> None, your honor.

[00:01:55]>> All right, then the court will hear argument. Uh, states you're opposed to the applications. Why?

[00:02:00]>> Um, judge, he brutalized two different women within a matter of months. He assaulted these two different women, threatened them both with a knife, choked both of these women. He could have killed both of these women. Not to mention the fact that he's already got an extensive criminal history that includes um both felonies, misdemeanors.

[00:02:20]He's already been to prison before. He's had a prior or he's had several arrests for prior assaultive um offenses and he's been convicted of a prior assault.

[00:02:32]Um, and he's still not taking responsibility. He still says, "Oh, I just got a little rough with her." He considers choking these women, threatening these women with knives, beating these women, just getting a little rough. Um, we believe that he's dangerous. He poses a threat to these victims and the community. So, we would ask that you hit the cap of 10 years and sentence him to prison.

[00:02:56]>> All right. Uh, defense.

[00:02:58]>> Mr. Cortez wants to avail himself of any kind of rehabilitative assets that the probation department might have. The first three paragraphs of the TAP evaluation are quite compelling. He's had a extensive history of mental illness in acting in conjunction with uh drug abuse and alcoholism. He wants to try to improve. uh he's asking the court to grant him 10 years of community supervision and although the tap evaluation is not a suggestion of in of the court granting probation, it is a suggestion that if you did that it be in inatient treatment. I believe that the assets that are available through probation are more rehabilitative in nature. Yes, we do have facilities at the Texas Department of Criminal Justice that will also address these issues, but if you make this the tightest locked down probation possible, if Mr. Cortez fails to comply, the full he'll go to the Texas Department of Criminal Justice. still do his 10 years, but maybe he can benefit, maybe society can benefit from whatever treatment he would get upfront through uh uh uh the inpatient program.

[00:04:23]Is it DDOF? Uh I've got the acronym wrong, your honor, but you read it right there.

[00:04:30]>> All right. Anything you wish to say?

[00:04:32]>> Yes, ma'am.

[00:04:33]>> All right. Let me have you raise your right hand. Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth? So, help you got it.

[00:04:39]>> Yes, ma'am.

[00:04:39]>> All right. Lower your hand. State your name for the record.

[00:04:42]>> Dor said.

[00:04:43]>> All right. And could you keep your voice up so I can hear what you have to say?

[00:04:46]What do you have to say?

[00:04:47]>> I just want to first apologize to the victims in these cases and to the courts and my family. I want to I want to say that I do accept responsibility for my actions and I've made some really poor choices and I want to just ask for chance of the future to make better choices.

[00:05:07]I And I know like I should have been being a productive member of the community, but I was doing negative things and I was on drugs and I was living wrong and I was always doing the wrong thing. So I do I do admit that I have done wrong.

[00:05:27]>> All right. Any questions from the defense?

[00:05:30]>> None your honor. I'll rest with this allocution.

[00:05:33]>> Any questions from the state?

[00:05:35]>> No questions. We're just still asking that he be sent to prison for 10 years.

[00:05:39]>> All right. I have a question.

[00:05:42]Um, why should I give you deferred or probation?

[00:05:51]>> Because I know, >> but why do people need probation or deferred adjudication in order to behave appropriately in society?

[00:06:09]How old are you?

[00:06:11]>> 29. Yeah.

[00:06:12]>> So, I I always read everything um before I accept a plea and I always read everything the day of the plea just so I can refamiliar my rise myself with the report and make sure that I haven't forgotten anything. And I always read the PSI report. So, um, there are a lot of things going on with you in this PSI report, and both parties said they had no objections to the PSI report. So, I have a choking, uh, where the complainant says, "You were upset because she was texting the mail. You choked her, made her block the male's number." Then I have this forced prostitution that she's saying happened.

[00:06:58]Um, so Miss PZ revealed that you assaulted and choked her while they were while you were in a dating relationship with her and that you also forced her to commit acts of prostitution.

[00:07:14]And then we have this whole incident where she says that uh you choke her. Then she calls her friend to tell her that you choked her. Then you pull out a pocketk knife and that um you have her call a friend back and to say that she made it up.

[00:07:41]I I understand that you have drug issues and cocaine issues, but I don't think drug issues and cocaine issues make you assault people.

[00:07:49]So why are you assaulting people?

[00:07:59]I mean, that's what I'm trying to figure out.

[00:08:09]>> I mean, I know that I need help. I know that it's not right.

[00:08:13]And I just went through some losses and I was sporadic with my behavior and my mind was everywhere because I had like PTSD from going through certain issues in my past and sometimes it makes me just over drink and I won't know what I'm really doing and then I'll look back at what I did and I'll be like, "Oh, that isn't right at all." like explain that to >> All right. Well, I will tell you Miss Garcia is saying I have no uh problem with him applying for probation, but Miss Penn is is saying that no, she wants you to go to prison.

[00:08:59]And mind you, um I am objectively looking at everything.

[00:09:07]So I'm not on anybody's side. I'm not on the complainant side. I'm not on your side. I'm just looking at things objectively and trying to make a determination on what's uh best for society and best for you. If there's um no chance of rehabilitation, then that's an issue. Then you need to go to prison.

[00:09:25]You understand?

[00:09:26]>> Judge, sorry to interrupt. I think Miss Garcia actually said I'm not okay with him applying for probation.

[00:09:32]>> Ah, thank you. That is correct. So, Miss Garcia is not okay with you applying for probation. Miss PZ Highz doesn't want you to have probation.

[00:09:43]>> And those are things that I consider, but it's not something where I say, "Oh, the complainant says they shouldn't have probation, so you're immediately going to prison." I like to uh hear everything and see what's going on. But I don't think there's anything that I can do to help you. There are some cases where people should go to prison. And I'm looking at your federal case and you've already been to a federal prison before and I don't know that you learned anything from that experience because I do believe that they give you um opportunities to rehabilitate there.

[00:10:20]So I'm going to uh deny your applications and find you guilty. Would anyone wish to speak to the uh cap?

[00:10:29]uh the state would your honor uh we would ask that you hit the cap in this case and sentence him to 10 years um although it's being taken into consideration um you have the evidence that was attached to the plea agreement for the other case against Miss Ella Garcia um where she was brutalized the officers described all her injuries in detail um she was taken to the hospital she was also strangled and threatened with a knife um she was assaulted and then as the court has before for the um prior criminal history of the defendant.

[00:11:03]He's already been to prison, didn't learn his lesson. He's been on probation multiple times, has not learned his lesson. Um he does pose a threat to these victims and um we think 10 years is appropriate given the circumstances that you >> All right, Mr. Montgomery.

[00:11:19]>> As we often tell juries in uh in their instructions and a punishment page, we're not to consider how parole will work. But uh we're not in a jury situation. And I think we all know that with this young man's uh previous criminal history, the board of pardons and parole is likely to keep him for a very substantial amount of whatever sentence you should pronounce. judge when he comes out, he's going to be on de facto lifetime probation. I mean, not really, but he'll be a habitual if he ever picks up another felony. Uh there's another judge who used to say to me or to my clients, uh, I'm I can't order you to seek treatment once you're released from the prison, but you really need to do it. I think he was sincere in telling you that he wants to change his ways, that he realizes that what he's done is wrong, and that he intends to seek help. I would ask the court to sentence him to five years in the prison.

[00:12:30]>> All right. U Mr. Cortez, there is a therapeutic community at the prison.

[00:12:36]Based upon your um charges, I don't think that you will be eligible for it, but I'm not 100% certain of that. uh I cannot um demand or force them to place you in the therapeutic community, but if you would like to be considered for that, I can uh request it. Uh it doesn't extend the length of time you're in prison, but that may be something that can help you uh change your life.

[00:13:02]>> So, would you like me to request the therapeutic community?

[00:13:05]>> Yes, ma'am.

[00:13:10]>> All right, then. Um, as previously stated, the court is finding you guilty.

[00:13:14]There's an affirmative finding of family violence. There is to be no contact with Amber Hernandez Eliah Garcia. Taking consideration 2021 CR6392.

[00:13:25]There's a $1,500 fine time and money to run concurrent. You credit for any time served, a request for the therapeutic community, and I'll send it you to nine years in prison. 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?

[00:13:50]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. Do you understand?

[00:13:59]>> Yes, ma'am. And because this is a felony conviction and an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. Do you understand?

[00:14:07]>> Yes, ma'am.

[00:14:08]>> All right. Good luck with you. Uh, we can go off the record. All right. Here's the thing. Um, Mr. Cortez, I know nobody wants to go to prison. Um, I always tell defense attorneys and I tell prosecutors, you should always visit prisons. You should always visit the jail because that's where you're sending people. and you need to know what it's like before you just send people there. So, I've visited several prisons. I've visited several jails. And I know that you may feel some sort of way. You know, why didn't the judge give me a chance? But you need to take this opportunity to work on yourself. Don't get into any relationships when you get out of prison because your life is not over. You still have a chance to better yourself. You're not like me. I have more of my life behind me than in front of me. I'm in the twilight of my life. So you have plenty of time to improve yourself.

[00:15:03]And when you get out of the prison, don't get in a relationship.

[00:15:08]And this is what I tell everybody. And people say, "Judge, I can't believe you're saying it. Maybe you're belittling things, but I'm not trying to belittle anything." But this is what I've discovered. Get an orchid.

[00:15:19]Orchids take lots of patience. I don't know why my staff, they want to show love to me by giving me an orchid when they know I have difficulties with those. But I think they're beautiful.

[00:15:29]When you first get them, the flowers are on bloom. It's beautiful. Just like a relationship. When you first get in a relationship, it's beautiful. Every bad habit that somebody has, you don't think of it as a bad habit. You think, "Oh, that's beautiful." The fact that they won't put the cap back on the toothpaste and they throw their f That's so beautiful. But then after a while, it starts nagging you. Same thing with an orchid. You get it. It's beautiful. Then the flowers fall off and guess what?

[00:15:54]Takes a while for them to come back. So get an orchid. When the flowers fall off, if those flowers bloom again, you may be ready for a relationship because they require patience. You understand?

[00:16:06]>> All right. Now, the state is going to read to you a victim impact statement.

[00:16:10]Just internalize it. It's going to be respectful. Okay. All right. Good luck to you.

[00:16:16]>> I'm no longer holding on to what you did to me. I'm deciding to move on with my life. Knowing you has taught me a valuable lesson and now I'm so much stronger than I was when you first met me. And that's something that no one can take away from me.

[00:16:31]Right. Thank you. And could I have the dismissal, please? Oh, um, >> it's right there. Judge, >> are you still teaching?

[00:16:39]>> Yes.