In criminal court proceedings, when defendants voluntarily admit to charges and violations, judges may revoke probation and impose prison sentences, with the defendant waiving their right to appeal as part of the plea agreement.
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Judge Raquel West SHOCKS Court As Defendants Admit Everything And Get PrisonAdded:
Good morning. Are you Caleb Leskosky?
And will your client waive the formal reading of the motion? Yes, fully aware of your honor. Mr. Leskosky in cause number 2137917, I have a motion to revoke your unadjudicated probation. Shows that you were placed on probation January 3rd of 2022 for the offense of evading detention with a motor vehicle and that was a 5-year deferred probation. Is that correct?
>> Yes, ma'am. The motion alleges that you violated your probation. Count one alleges that you committed the offense of possession of a controlled substance February 16th of 2022 in Hardin County, Texas and is that true or not true?
>> True.
Count two alleges that you committed the again the offense of possession of a controlled substance on February 16th, 2022 in Hardin County, Texas and is that true or not true?
>> True.
Count three alleges that you provided a urine sample on March 29th of 2022 that tested positive for methamphetamines, amphetamines and benzodiazepine and is that true or not true?
>> True.
Count four alleges that you provided a urine sample April 14th of 2022 that tested positive for methamphetamines and benzodiazepine. Is that true or not true? True. And then count five alleges that you were behind in your court assessed fees as of April 13th of 2022 in the amount of $315 and is that true or not true?
>> True.
Did you enter your pleas of true to counts one through five freely and voluntarily? Yes, ma'am. And did you plead true to those counts because they're actually true? Yes, ma'am. I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before Excuse me. Before you signed these, did you go over them with Mr. Crocker?
>> Yes, ma'am. Do you fully understand them? Yes, ma'am. And do you understand if I follow the agreement that you've made with the district attorney that you'll be waiving or giving up any right to appeal? Yes, ma'am. State tenders number one.
>> No objection, state's one. It's admitted. Is there any evidence that Mr. Leskosky is not competent?
>> None, your honor. All right, sir. I'm going to find that you entered your pleas of true to counts one through five freely and voluntarily, find these counts true, find sufficient evidence to revoke your probation and at this time also find sufficient evidence to find you guilty and at this time find you guilty of evading detention with a motor vehicle. Sentence you in accordance with your agreement to a term of 2 years in the institutional division of the Texas Department of Corrections. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
I'm handing you the trial court certification that shows that this was an agreement that I followed and so you have waived your right to appeal.
I've also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition.
Possession of a firearm or ammunition could lead to charges against you. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Crocker.
All right. All right. Good luck to you, sir. You can go back with the bailiff.
Thank you for being here. Mr. Brandon.
Good morning. Are you Hayman Brandon?
Yes, ma'am. And this is 2136605 and it looks like number one, Mr. Brandon is charged with first degree felony offense of murder and Dr. Bropon was requested to do an a competency evaluation. I don't know that we've been back since then. We received that report February 12th.
What? I was here February 24th. All right. So, I've already made that finding. All right. So, what's the announcement? The announcement, your honor, is I'm respectfully requesting one more continuance. What I think after talking with the state is that we may eventually at the next setting request a bench trial.
And we're moving into an insanity. I needed an insanity evaluation at the time of the offense. So, I've got with Dr. Bropon. I'm supposed to meet with him. I just need a little time to get that. The state after I get that, then we'll move forward and Okay.
Do you think he can get that done? In 30 days? Has he already He's already done the competency. I would think he would be able to When he When he came back from the state hospital when he was uh deemed competent, I called Dr. Bropon.
Dr. Bropon kind of jumped the gun a little bit and thought I was talking about a competency. I already got a competency from Right. I don't need a competency.
>> Right. And then billed me. But then thought I was like It's like take off. It's like it Okay.
>> So, he we're He's He's making an appointment with me.
So, I anticipate next couple weeks I'll be to him and he'll We'll do 30 days and if you don't have that back, let us know right before that court date and we can reset it without you guys having to come here if he's in the middle of getting that report ready.
Yes, ma'am. Okay. All right. You can go back with the bailiff, Mr. Brandon.
Mr. Montano, Amad LeBlanc.
>> [laughter] >> All right. Are you Amad LeBlanc? Yes, ma'am. And Mr. LeBlanc was previously in court, entered pleas of true to counts one, two and three in a motion to adjudicate and probation on probation for possession of a controlled substance, a second No, first degree felony.
Hold on. That's not right. On probation for aggravated assault. New allegation is a possession of a controlled substance in Chambers County and I've received the updated report. It was unagreed. Have you both had an opportunity to review the report?
>> Defense has, your honor. Have you, ma'am?
Any additions or corrections to the report?
>> None from defense.
Only any additional that Miss Shagwell may have to add to the probation, your honor. And is this the one I believe they Harris County I mean Chambers County rejected the charge.
>> January 28th, your honor.
Okay.
I refused it.
And so, Mr. Lane, you may proceed with argument. Your honor, we are asking the court to continue Mr. LeBlanc on probation.
Um He's been in jail in this last time for about 58 days. Um he did test positive cuz he had smoked marijuana before uh he surrendered.
Um He lives with his mother in Baytown.
Uh he has no children. He is uh working at Palmer Distributing. Have been uh employed there for a while and uh um working a forklift. He does do online classes with uh Southern New Hampshire University for computer um training. He does 3D modeling and that's what he was using with the THCA um that he actually got I think out of California online that he had sent to him. Um He's done his community service hours. I think he's done 433 of 400. I believe he's paid all of his fees.
Uh and this was his only hiccup. Uh he He reported his arrest, I think the next day after his arrest.
And then when the warrant came out, uh which was I think January the 20th, he hired me and then surrendered to the court. Your honor, uh his mother is here. She's very very much uh supportive of him and I don't believe he'll use any more THC products.
Um we are asking that the court uh there is a another plan to extend for a year uh drug program and another drug assessment and we would ask that the court follow that alternative.
Mr. Montano.
Judge, obviously the underlying offense involving a weapon is concerning uh it looked like it was an issue amongst individuals who knew one another probably involving signaling as well.
Uh Mr. LeBlanc does not have any criminal history. I hate to see him have I don't know if any loss so exposed to quite a bit uh on a revocation of this probation.
I would uh defer to whatever Miss Shagwell has to add, but I would ask that if he's continued, judge, that he be extended and possibly have something a little bit more intensive just the drug program.
Anything to add that's not in that updated report from probation? No, ma'am.
So, I mean Mr. LeBlanc, you've done so well. I mean better than most. You've done So, the fact that you've done all your community service, you paid your fees, you've reported like you're supposed to. Um obviously you understand that you cannot use any type of THC program THC in any form, whether it's legal here, legal in another state. It's if you test positive, there's no way for us to know if it's legal or not legal and so you're not supposed to use it. If it's going to show positive in a drug screen, then you can't use it. You understand? Yes, ma'am.
Um all right. So, what I'm going to do is find that you entered your pleas of true to counts 1, 2, and 3 freely and voluntarily. Find this counts true, find sufficient evidence to find you guilty, and revoke your probation, but I'm not going to do that today. Um, I think you've come a long way. Uh, over on your almost at the end of your probation. I'm going to continue you.
I'm going to extend you for 1 year. Uh, conditions are going to be that you um you'll be on the high and I don't know if he'll still Harris County, and so whatever the whatever they have that's comparable to what I'm ordering is what you're going to have to do. You're going to be on the high medium case load.
You'll be um You'll uh be required to enroll in and pay for and successfully complete the Texas Drug Education and Offender Program.
You'll obviously have to say this is negative. There's going to be a new substance abuse assessment done. If there's any issues that they find that you need more treatment than what we've already saying, then you're being required to comply with whatever that is. Do you understand?
>> Yes, ma'am. Okay.
So, this wasn't agreement an agreement, so you do have some rights to appeal.
You can talk to Mr. Lane about that, and I need you guys to sign this, Mr. Lane, please.
But, you'll be released, and first thing you do is go to probation and make sure you get everything taken care of like you're supposed to, okay? Yes, ma'am.
All right. Good luck to you, sir.
Thank you, ma'am.
Good morning. Are you Paul Nelson? Yes, ma'am. And will your client waive the formal reading of the indictment in each of the cases?
>> Yes, ma'am.
Mr. Nelson, in cause number 23 DCCR 1786, you're charged with a third-degree felony offense of possession of child pornography from January 13th of 2021, and how do you plead to that charge?
Guilty. Are you pleading guilty freely and voluntarily? And are you pleading guilty because you actually did what they charged you with?
And then in cause number 23 DCCR 1787, you are also charged with a third-degree felony offense of possession of child pornography from January 13th of 2021, and how do you plead to that charge?
>> Guilty. Again, are you pleading guilty freely and voluntarily? And because you did what they charged you with?
>> Yes, In each of these cases, I have here on the tablet some documents that have your signature on them that the state's marked as exhibit number one. Before you sign these, did you go over them with your attorney?
Yes, ma'am. Do you fully understand them?
>> Yes. And do you understand if I follow the agreements that you've made with the district attorney that you'll be waiving or giving up any right to appeal? Yes.
Also, do you understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law?
I'm required to ask every defendant.
Yes, ma'am. Um, state excuse [clears throat] me.
State's tenders number one in each case.
No objection. It's admitted in each case. Is there any evidence that Mr. Nelson is not competent?
>> None, Judge. All right, sir. In each of your cases, I'm going to find that you entered your pleas of guilty freely and voluntarily.
Find that you're mentally competent and understand the nature and the consequences of your pleas.
Find sufficient evidence in each case to find you guilty, and at this time in cause number 23 DCCR 1786, find um find you guilty, sentence you in accordance with your agreement to a term of 8 years in the institutional division of the Texas Department of Corrections.
You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
And then in cause number 23 DCCR 1787, find sufficient evidence to find you guilty, and at this time find you guilty of possession of child pornography.
Sentence you in accordance with your agreement to a term of 8 years in the institutional division of the Texas Department of Corrections. You will also receive credit on that sentence for any time that you've been in custody that the law says you the right to receive.
Uh, these cases will run concurrently, which means together at the same time, and also concurrently with uh you know, the Montgomery County cases. Is that correct? They'll run concurrently with that as well.
I'm handing you the trial court certifications. Those show that these were agreements that I followed, and so you've waived your right to appeal. I've also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgments entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Judge Walker. All right. Good luck to you, sir. You can go back with the bailiff.
Sure. We would ask that the court waive any court costs as he is indigent. I need to If the court needs me to inquire about that, I'm happy to, but he's been incarcerated for 2 and 1/2 years, and he has zero dinero.
Um, what are the typical court costs on a 200 and something dollars plus this fee plus that fee, so total in both cases, Ronald, would be around $550.
What I'll do, let me make a notation, and I'll get with Ms. Warner, the other clerk, and find out exactly what the process for that and take into consideration that he's indigent that you relayed that, and I will let you know exactly how that works and if we can do it. Do you have any um any issue with regard to that?
Uh, I'll defer to the court on that issue.
>> Okay. Thanks, Ms. French. All right. You can go back with the bailiff. Yes, sir.
>> Have a good day. Good night and good night. Call me on that, please.
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