Daughter Attacked Her Own Mother | Judge Boyd SHUTS Her Down In Court

[00:00:00]There was more going on than pot smoking here.

[00:00:03]>> Well, at the time I actually wasn't doing anything. She was under the impression that I was. So, >> I mean, but what have you used in the past?

[00:00:11]>> Really? Just hot?

[00:00:12]>> What does that mean? Really, Jess?

[00:00:14]>> A family dispute escalated into a criminal case, bringing Amber Storm before Judge Boyd on an assault charge involving her own mother. But as the hearing unfolds, the focus quickly shifts to troubling questions about substance abuse. 2022 CR3603 state of Texas versus Amber Denise Storm. Do I have parties announced for the record for the state?

[00:00:35]>> Marcus Sanders [snorts] >> for the defense.

[00:00:37]>> Victor Lis.

[00:00:38]>> All right. And are you Miss Storm?

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

[00:00:41]>> Defense, I'm showing you what's entitled discovery acknowledgement. Have you received all the discovery in this case and did you review it with your client?

[00:00:47]>> Yes.

[00:00:48]>> Court will find that the state is in compliance with discovery. Showing you what's entitled true bill of indictment.

[00:00:53]Did you review that with your attorney?

[00:00:54]Did you understand it?

[00:00:58]Yes, sir.

[00:00:59]>> Council, do you weigh the reading of the indictment?

[00:01:02]>> Yes, your honor.

[00:01:02]>> State, it appears that you're proceeding on the lesser included offense of assault bodly injury family household.

[00:01:08]Is that correct?

[00:01:08]>> Yes, sir.

[00:01:09]>> Any objections?

[00:01:09]>> No objection.

[00:01:10]>> Miss Thorman, I'm going to show you what's in title court admonishments and defendants waiverss and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:01:24]>> Yes.

[00:01:25]>> All right. And we're going to go off the record. Uh probation.

[00:01:28]>> Uh there's no application.

[00:01:30]>> Okay. Thank you.

[00:01:32]>> Back on the record. Would you understand the state is proceeding on the less included offense of assault, bodily injury, family household as a class A misdemeanor? The range of punishment for that offense is anywhere up to one year in the Bear County Jail and up to a $4,000 fine. Did you understand? Excuse me. If you have a plea bargaining agreement with the state, the court does not have to follow your plea bargaining agreement. If for any reason the court does not follow your plea bargaining agreement and gives you more than you bargain 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?

[00:02:02]>> Yes.

[00:02:03]>> Okay. You need to see that?

[00:02:05]>> Yes.

[00:02:05]>> 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 in the right to remain silent?

[00:02:13]>> Yes, ma'am.

[00:02:14]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:02:18]>> Yes, ma'am. And did you intend to give up those rights and enter into a plea bargain agreement in this case?

[00:02:25]>> Okay. Are you >> Yes. I'm sorry.

[00:02:27]>> Here's the thing. Are you sure?

[00:02:29]>> I mean, do you understand what's going on?

[00:02:32]>> All right.

[00:02:32]>> She's very nervous.

[00:02:34]>> Sorry. I'm reallyed.

[00:02:37]>> Council, has your client been able to provide you with any defenses to this offense?

[00:02:40]>> Yes, she has.

[00:02:41]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:02:45]>> Yes, I do. Do you believe she's currently confident was legally sane at the time of the offense?

[00:02:49]>> In my opinion, she sir.

[00:02:51]>> Miss Stormman, has anyone threatened you, coerced you, or place you in favor to get you to enter this plea?

[00:02:55]>> No, ma'am.

[00:02:55]>> Has anyone promised you anything other than the plea bargaining agreement?

[00:02:58]>> No, ma'am.

[00:02:59]>> Are you satisfied with the way you've been represented?

[00:03:01]>> Yes, ma'am.

[00:03:02]>> Are you a US citizen?

[00:03:03]>> Yes, ma'am.

[00:03:03]>> Court will find that defendant has no and voluntarily waved her right to jury trial. Showing you the plea bargain page. Did you review that page with your attorney? Did you understand it?

[00:03:12]>> Yes. According to the plea bargain agreement, the status to proceed on the less included offense of assault bodily injury family household. Punishment is to be assessed at 86 days at the Bear County Jail. There are no applications for community supervision or deferred adjudication.

[00:03:28]Stable taking consideration county court number 679224.

[00:03:34]There's be credit for any time served.

[00:03:36]Affirmative finding of family violence.

[00:03:38]No harmful or injurous contact with Helen Storm. Did you understand with an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition? Yes.

[00:03:48]>> Did you understand with an affirmative finding of family violence, you're not allowed to be designated as primary custodial parent?

[00:03:54]>> Yes, ma'am.

[00:03:55]>> Did you understand that to be the entirety of the plea bargain agreement?

[00:03:59]>> Yes.

[00:03:59]>> Defense, is that the plea bargain agreement?

[00:04:01]>> Yes, it is.

[00:04:02]>> State, is that the plea bargain agreement?

[00:04:03]>> Yes, judge.

[00:04:04]>> Next, I'm showing you the paragraph entitled waiver of appeal paragraph. And I'll finish that.

[00:04:12]Did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places?

[00:04:16]>> Yes, ma'am.

[00:04:17]>> 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?

[00:04:26]>> Yes, ma'am.

[00:04:27]>> Council, have there been any such motions?

[00:04:29]>> No, your honor.

[00:04:30]>> All right. Then to the less included offense of assault, bodily [clears throat] injury, family, household, how do you plead? Guilty, not guilty, or no contest?

[00:04:37]>> No contest.

[00:04:38]State any evidence?

[00:04:40]>> Yes. State offer states exhibit one and it attachments.

[00:04:43]>> Any objections?

[00:04:43]>> No objection.

[00:04:44]>> Miss Dorman, I'm showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney?

[00:04:52]Did you understand it? Did you sign it in all the appropriate places?

[00:04:56]>> Yes, ma'am.

[00:04:56]>> 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 in the right to remain silent? Yes, ma'am. 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?

[00:05:15]>> Yes.

[00:05:17]Court will find that defendant has knowingly and voluntarily waved consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the same. After reviewing states exhibits one and attachments, the court will find there is sufficient evidence to find you guilty and the court will find you guilty of the lesser included offense assault finally injury family or household. Are you proceeding with sentencing?

[00:05:40]>> Yes, your honor.

[00:05:42]>> Anything you wish to say on behalf of your client?

[00:05:45]>> Your honor, uh this has uh spent at least 86 days in jail. We're asking the court to get the credit judgement stat.

[00:05:53]Uh we're asking for follow the recommendation.

[00:05:58]>> All right. Uh state, have you had a chance to speak with the complaintant?

[00:06:02]>> I believe we have, judge, and um I believe she is not necessarily aware of specific plea, but aware of a potential result.

[00:06:13]>> And Miss Stormy, what is your relationship to Helen?

[00:06:16]>> Uh she's my mom.

[00:06:19]>> Oh. So where are you living now? Right now I'm living with my dad.

[00:06:25]>> So how often have you been using?

[00:06:28][clears throat] >> Oh, rarely.

[00:06:30]>> What does that mean? Like as I tell everybody, I'm not with you when you rarely use. So I don't know what that means. I can't say never because never isn't a good answer, but I mean it's been a good five months, three months.

[00:06:44]So if you're if I drug test you today, you're saying it's going to be negative because I will drug test you today.

[00:06:56]Okay.

[00:06:59]>> Because I have concerns.

[00:07:01]>> Okay.

[00:07:01]>> And my concerns are with the drug issue as you understand. And what is the drug that you rarely use?

[00:07:07]>> I smoke pot.

[00:07:10]There [clears throat] was more going on than pot smoking here.

[00:07:13]>> Well, at the time I actually wasn't doing anything. She was under the impression that I was. So, >> I mean, but what have you used in the past?

[00:07:23]>> Really just hot.

[00:07:25]>> What does that mean? Really just hot.

[00:07:27]>> I mean, I've taken Adderall or, you know, prescription drug, but not outside of that. No.

[00:07:36]>> Do you have any children?

[00:07:38]>> Yes, ma'am.

[00:07:38]>> What are their ages?

[00:07:40]>> Uh, 16.

[00:07:43]1 16.

[00:07:45]So, you have one child and that child is 16. Yes. Where is that child? He lives with his father. Why is that?

[00:07:53]>> He chose to stay with his dad. Why?

[00:07:58]He just felt it would be in his best interest to why >> spend some time with him.

[00:08:05]>> How does being in his best interest to spend some time with his father end up with his father, him living with his father permanently?

[00:08:14]>> Well, it's not a permanent stay. He just, you know, he's in between with his grandma and with his dad. But [snorts] so here's my concern. My concern is I'm reading this and it's your mom suspecting that you're using ice, >> right?

[00:08:34]So, have you used ice in the past?

[00:08:36]>> I mean, in the past, yes. But as of like now, no.

[00:08:41][bell] >> Probation? Yes, your honor.

[00:08:44]>> How long would it take to do a direct test on Miss Storm?

[00:08:47]>> We could do it right now.

[00:08:48]>> All right. Are you uh ready to go now?

[00:08:50]>> Yes.

[00:08:51]>> Okay.

[00:08:53]>> I'm glad that you were negative. You need to keep up the good work. Okay.

[00:08:57]>> Yes.

[00:09:04][snorts] >> The court is going to follow your agreement.

[00:09:09]Court will sentence you to um 86 days in the Bear County Jail. Give you credit for any time served. Is this a judgment satisfied?

[00:09:21]>> It's contemplation parties. Yes, John.

[00:09:22]>> All right. Show that the judgment is satisfied.

[00:09:26]Taken consideration.

[00:09:28]County court number 679224.

[00:09:33]There's an affirmative finding of family violence and there should be no harmful or injurous contact with Helen Storm.

[00:09:42]Is there anything else from either side with regards to sanity?

[00:09:52]>> Miss Dormant, I'm going to show you what's entitled trial court certification or defendants rights to appeal. Did you review that document with your attorney? Did you understand it? And did you sign it?

[00:10:03]>> Yes, ma'am. All >> right. Because this is plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal.

[00:10:11]>> You do not have the court's permission to appeal. Do you understand?

[00:10:14]>> Yes, ma'am.

[00:10:14]>> Also, because this is an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. Do you understand?

[00:10:21]>> Yes, ma'am.

[00:10:22]>> If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:10:26]Yes, sir.

[00:10:27]>> All right. We can go off the record. I'm going to tell you what I tell everybody else.

[00:10:32]Parents are a blessing. They're here.

[00:10:34]Hopefully, your parent is a blessing.

[00:10:36]You've got to start treating your mother better. And guess what? If you think your mother is wrong about something, guess what you do? You smile. You accept it. And when you live in your mother's household, no matter how old you get, your mother's rules apply. I don't care if you're living in the apartment to her household, her rules apply.

[00:10:58]>> All right. Good luck to you.

[00:10:59]>> Thank you. You're welcome. Thank you.

[00:11:01]2022 CR 30007.

[00:11:05]Did I say three zeros or two?

[00:11:09]>> I wrote three zeros.

[00:11:12]No, two zeros. 30 Z7. [laughter] >> All right. Thank you. State of It's been a long week. State of Texas versus Steven Rhodess. Can I have parties announce for the record, please, for the state for the defense?

[00:11:25]>> Will Brooks, Judge.

[00:11:26]>> And are you Mr. Rhodess?

[00:11:27]>> Yes, ma'am. Defense have shown you what's entitled trial court certification or defendant's rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:11:36]>> Yes, ma'am. I did.

[00:11:38]>> Wait.

[00:11:39]>> No, that's wrong.

[00:11:40]>> Hold on. Can we start over?

[00:11:41]>> Yeah, we do need to start over.

[00:11:42][laughter] This is one of those days. It's like, uh, all right, we're going to pretend like nothing has happened. Who are the parties on Steven Rose [laughter] for the state? Will Brooks for defend.

[00:11:57]>> Are you Mr. Rose?

[00:11:58]>> Yes, ma'am. Hi.

[00:11:59]>> This is not Groundhog Day. [laughter] >> All right. Defense. I'm sure need discovery acknowledgement. Have you received all the discovery in this case?

[00:12:08]And did you review it with your client?

[00:12:10]>> Yes. And yes, your honor.

[00:12:11]>> All right. Court will find that the state is in compliance with discovery.

[00:12:15]Mr. Rhodess, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand that?

[00:12:21]>> Yes, ma'am.

[00:12:21]>> Council, do you wade the reading of the indictment?

[00:12:23]>> Yes, we do. state. Are you proceeding on the indictment as present?

[00:12:26]>> Yes, judge.

[00:12:27]>> Showing you court admonishments. Did you review that with your attorney? Did you understand that?

[00:12:31]>> Yes, ma'am.

[00:12:32]>> Right. Uh your charge of possession of control substance penalty group one um less than one gram.

[00:12:42]Sorry, it's it's been long. It's been long. Did you understand the range of punishment for that offense is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. Did you understand?

[00:12:54]>> Yes, ma'am.

[00:12:55]>> All right. I'm sorry. I need to drink some more water for my because of my allergies. Just a second.

[00:13:07]Right. Did you understand if you have a plea bargain agreement with the state, the court does not have to follow your plea bargaining agreement? If [snorts] for any reason the court doesn't follow your plea bargaining agreement and gives you more than you bargain 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?

[00:13:23]>> Yes, ma'am.

[00:13:24]>> 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 in the right to remain silent?

[00:13:33]>> Yes, ma'am.

[00:13:34]>> Did you understand by entering this plea where you were giving up those rights?

[00:13:38]>> Yes, ma'am.

[00:13:39]>> And did you intend to give up those rights and enter into a plea bargain agreement in this case?

[00:13:43]>> Yes, ma'am.

[00:13:44]>> Council, has your client been able to provide you with any defenses to this offense?

[00:13:48]>> Yes, your honor. Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:13:53]>> I do, judge.

[00:13:54]>> Do you believe he's currently confident was legally saying at the time of the offense?

[00:13:58]>> Yes, your honor.

[00:13:59]>> Mr. Roads, has anyone threatened you, forced you, or place you in fear to get you to enter this?

[00:14:04]>> No, ma'am.

[00:14:05]>> Has anyone promised you anything other than the plea bargaining agreement to get you to enter this plea?

[00:14:09]>> No, ma'am.

[00:14:09]>> Are you satisfied with the way you've been represented?

[00:14:12]>> Very much. Yes, ma'am.

[00:14:13]>> Are you a US citizen?

[00:14:14]>> 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?

[00:14:23]>> Yes, ma'am.

[00:14:24]>> According to the plea bargain agreement, punishments be assessed at 6 months in the state jail facility and there are no applications for community supervision or deferred adjudication. Would you understand that to be the plea bargain agreement?

[00:14:36]>> Yes, ma'am.

[00:14:36]>> Defense is that the plea bargain agreement?

[00:14:38]>> Yes, it is.

[00:14:39]>> State is the plea bargain agreement?

[00:14:40]Yes.

[00:14:41]>> Next, I'm showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places?

[00:14:49]>> Yes, ma'am.

[00:14:50]>> Did you understand by signing that you're waving your right to appeal?

[00:14:53]>> Yes, sir.

[00:14:53]>> 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?

[00:15:00]>> Yes, ma'am.

[00:15:01]>> Council, are there any such motions?

[00:15:03]>> No motions with the wrong judgment.

[00:15:05]>> Then to the offices charge, how do you plead? Guilty, not guilty, or no contest? Guilty >> state. Any evidence?

[00:15:11]>> Yes, judge. State offer states exhibit one all attachments.

[00:15:14]>> No objections to states one or attachments. Judge, >> Mr. Rhodess, I'm showing you what's entitled waver and consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it?

[00:15:26]Did you sign it in all the appropriate places?

[00:15:28]>> Yes, ma'am.

[00:15:29]>> 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?

[00:15:38]>> [snorts] >> Yes ma'am.

[00:15:40]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports but [snorts] most importantly there will be no live testimony. Did you understand?

[00:15:49]>> Yes ma'am.

[00:15:50]>> Court will find that defendant has no involuntarily waving and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the same.

[00:16:01][clears throat] >> [snorts] [snorts and laughter] [clears throat] [clears throat] [snorts] >> All right. After hearing states that you explained and attachments, the court will find there's sufficient evidence to find you guilty and the court will defi will find you guilty.

[00:17:44]Uh we'll come back on June 22nd for sentencing.

[00:17:49]>> I'm sorry, June 27th. See, >> thank you.

[00:17:52]>> Judge, for purpose of the record, Mr. Rose's understanding would would be that he would be subject to the full range of punishment if he does not show up for his sentencing for the two years.

[00:18:03]>> All right. Do you understand that, Mr. Rose?

[00:18:05]>> Yes, ma'am. I do.

[00:18:06]>> All right. And you can go off the record, Mr. Rose. Here's the thing.

[00:18:10]Don't use this as a time to go use because you know what ends up happening usually when people do that? They end up overdosing.

[00:18:20]So, if you have a drug or alcohol problem, which it appears that you do from my reading the report and from what your mother was saying, you should leave from this courtroom and you can go to any type of center. They have free drug places throughout um the Bear County that can help you. So, you should probably find yourself an NA meeting or an AA meeting instead of going to use drugs. How old are you?

[00:18:49]>> 39.

[00:18:50]>> All right. So, it's time to to stop this, right?

[00:18:52]>> Yes, ma'am. Absolutely.

[00:18:54]>> And uh we're not on the record, but if you're a drug tested today, what are the results going to be?

[00:18:59]>> They would be positive.

[00:19:00]>> All right. So, you've got to get your life together.

[00:19:04]And if I, you know, I'm not a part of the negotiations, but I can tell you if there were a negotiation where where you would be given probation, I would have most definitely um put you in an impatient facility or sent you to felony drug court.

[00:19:21]>> You [snorts] understand?

[00:19:21]>> Yes, ma'am.

[00:19:22]>> So, where are you going when you leave from here?

[00:19:24]>> My mother's care. Staying with her.

[00:19:26]>> No, you need to be going to get help with your drug problem.

[00:19:30]>> Oh, yeah.

[00:19:31]>> And so, here's the thing. It appears from reading this that your mom may be a bit of an enabler because parents always want to do what's best for their children. They always keep their homes open to their children, but don't go to her house and cause any problems. You understand?

[00:19:50]>> Yes, ma'am.

[00:19:50]>> All right. So, I'm going to see you back here on Monday at 9:00 a.m. Okay.

[00:19:53]>> Yes, ma'am.

[00:19:54]>> All right. Good luck to you.

[00:19:55]>> Thank you so much.

[00:19:56]>> You're welcome.

[00:19:59]>> All right. And he just has paper. He just has the reset form to find signs.

[00:20:05]>> All right. [snorts] Do we have anyone else?

[00:20:07]>> Go ahead.

[00:20:08]>> Oh, well everyone, we are calling in the day. We'll be back on Monday at [snorts] 900 a.m. So, if you don't mind because it's late in the day.

[00:20:16]>> Absolutely.

[00:20:17]>> If you all can come back on Tuesday.

[00:20:21]>> Is that possible?

[00:20:22]>> Is that possible for you? I to >> Oh, no. Okay. But is like we can do it.

[00:20:27]>> Okay. Well, let could you let's go on the record. Let the record reflect that I wanted to leave early, but I'm being told to please text me.

[00:20:38]>> Record reflect. Judge said we were going to get out of here by 3:30 today, 2:30.

[00:20:44]Then she pushes to 3:30 >> and [clears throat] it is 4:59 and we are still in court.

[00:20:50]>> Unless the record reflect that Mr. Mclane is here today and it's probably my fault.

[00:20:55]>> [laughter] >> Wait, can you do more record reflecting and ask that that be stricken from the record?

[00:21:00]>> That's all been moved to strike from the record, judge.

[00:21:04]>> All right, we're going to strike I know it can't be done, but we're going to strike everything that Miss Abrams said and we're going with my recollection because I have a skill trap. [laughter] Oh, >> all right. The >> All right. The court is calling 2026 CR 0001167 and 2026 CR 0001172 state versus Timothy Sodto. Can I have parties announce for the record?

[00:21:33]>> Want to give it to the state?

[00:21:35]>> David Mlan for the defense.

[00:21:36]>> All right. And are you Mr. Sodto?

[00:21:38]>> Yes, your honor.

[00:21:39]>> Council, have you received all discovery? Did you review it with your client?

[00:21:43]>> I have, your honor. Court will find that the state is in compliance with discovery. Mr. Sodto, did you review the application for deferred adjudication with your attorney? Did you understand it? And sign it?

[00:21:53]>> Yes, your honor.

[00:21:54]>> Did you review the true bill of indictments with your attorney? Did you understand it?

[00:21:58]>> Yes, your honor.

[00:21:59]>> Council, do you wave the reading of the indictment?

[00:22:01]>> I do, your honor.

[00:22:02]>> State, are you proceeding on the indictments as presented?

[00:22:04]>> Yes, sir.

[00:22:05]>> Mr. Sodto, on each cause number, did you review the court's admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[00:22:13]Yes, your honor.

[00:22:14]>> And each cause number, you're charged with assault choking as a thirdderee felony. Range of punishment is anywhere from 2 to 10 years in prison and up to $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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 in the right to remain silent. By entering these, please you're giving up those rights. In each of the cause number, the court would grant your application for deferred adjudication. If for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 10 years in the prison and up to a $10,000 fine. Did you understand?

[00:23:02]>> Yes, your honor. Council, has your client been able to provide you with any defenses?

[00:23:07]>> He has, your honor.

[00:23:08]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:23:12]>> I do, judge.

[00:23:13]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:23:17]>> I do, judge.

[00:23:18]>> Sir, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:23:22]>> No, your honor.

[00:23:23]>> Anyone promised you anything other than the plea?

[00:23:25]>> No, your honor.

[00:23:26]>> Are you satisfied with the way you've been represented?

[00:23:28]>> Yes, your honor.

[00:23:29]>> If you're not a US citizen by entering this plea, you will be deported. Did you understand?

[00:23:33]>> Yes, your honor.

[00:23:34]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargain page with your attorney?

[00:23:41]Did you understand it?

[00:23:42]>> Yes, your honor.

[00:23:43]>> According to the plea, $1,000 fine.

[00:23:46]State recommends deferred adjudication.

[00:23:49]The cases will run concurrently. There's an affirmative finding of family violence.

[00:24:04]Did you understand with the affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition?

[00:24:10]>> Yes, your honor.

[00:24:11]>> And you're not allowed to be designated as primary custodial parent. Did you understand?

[00:24:15]>> Yes, your honor.

[00:24:16]>> Your honor, if I may address that briefly. Um, I've discussed this with the state. Because this is a deferred adjudication application, we would request that the uh court hold the affirmative finding of family violence in a fance and let him try to complete this deferred adjudication without a conviction if the court is willing to do that.

[00:24:35]>> No.

[00:24:37]>> Understood. Judge, >> did everybody understand that to be the plea?

[00:24:42]>> Yes, Jennice.

[00:24:42]>> All right. Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[00:24:48]>> Yes, your honor. By citing 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?

[00:24:57]>> Yes, your honor.

[00:24:58]>> Any such motions?

[00:24:59]>> No, your honor. Outside the agreement, the state is recommending that your deferred adjudication be for a term of four years, 100 hours of community service, restitution, the BIP course, uh mental health evaluation, follow recommendations, tap evaluation, and follow recommendations.

[00:25:18]Did you understand those were recommendations from the state and the court does not have to follow those recommendations?

[00:25:23]>> Yes, your honor.

[00:25:24]>> Then in each cause number, how do you plead guilty, not guilty or no contest?

[00:25:27]>> No contest.

[00:25:30]State any evidence?

[00:25:32]>> Yes. Statements on both cases.

[00:25:35]>> Judge, we reviewed that. We have no objection.

[00:25:37]>> All right. M state, have you talked with the complainant?

[00:25:40]>> All right. State, you may be excused.

[00:25:42]>> At each pause number, did you review the waiver and stipulations with your attorney? Did you understand it? And sign it in all the appropriate places?

[00:25:49]Yes, your honor.

[00:25:50]>> 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?

[00:25:59]>> Yes, your honor.

[00:26:00]>> 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?

[00:26:10]>> Yes, your honor.

[00:26:11]>> Court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations.

[00:26:18]Court will accept into evidence states exhibits one in attachments and review the same.

[00:26:30]Excuse me.

[00:26:50]and each cause number the court will find there's sufficient evidence to find you guilty. The court will defer finding of guilt as you've applied for deferred adjudication.

[00:26:59]Are you proceeding with sentencing?

[00:27:01]>> Yes, your honor. We request way PSI.

[00:27:03]>> All right. Anything you wish to say on behalf of your client?

[00:27:06]>> Your honor, uh my client accepts responsibility. This was a fairly toxic relationship. It is over. He has moved on. um he has no desire for any contact with a confirmed witness. Um he has learned from this and he hopes to prove to the court that he can do better. We'd ask that you follow the plea bar.

[00:27:24]>> All right. Do you have any children?

[00:27:26]>> Yes, your honor.

[00:27:28]>> And the complaint in this case, is she the mother of those children?

[00:27:31]>> No, your honor.

[00:27:32]>> All right. Do you see your children?

[00:27:35]>> Yes, your honor.

[00:27:36]>> Are you employed?

[00:27:37]>> Yes, your honor.

[00:27:38]>> What do you do? Uh I work for Spectrum the internet and uh I do customer solutions and sales.

[00:27:47]>> All right. And are you under any type of mental treatment, mental health treatment?

[00:27:53]>> Uh no, your honor.

[00:27:54]>> All right. And cause number 2026 CR01167, the court is going to sentence you to four years deferred adjudication.

[00:28:05]There's a $1,000 fine that will be probated. It's run concurrent with 2026 CR00001172.

[00:28:14]There's an affirmative finding of family violence. There should be no contact with the complainant.

[00:28:27]There should be field visits one time per month for four months.

[00:28:31]Regular reporting by Zoom or in person, regular UAS, proof of employment within 30 days, no employment as a home health care provider or with minors.

[00:28:47]There should be no unsupervised contact with minors until completion of parenting classes.

[00:28:59]Uh let's do a MC evaluation or mental health initiative and that can be done out of custody.

[00:29:08]>> Thank you, Judge.

[00:29:09]>> Uh tap evaluation out of custody. Follow recommendations. If they start with inpatient treatment, we'll start with outpatient treatment.

[00:29:19]There's going to be 200 hours of community service restitution. 50 of those hours will be deemed satisfied upon completion of BIP. 50 hours will be satisfied upon completion of parenting classes. The remaining hours will be you can either do the remaining 100 hours or for every sober support meeting you complete an hour will be deducted.

[00:29:44]Uh probation. Is there anything else? Is there anything else that you need from the court under that cause number?

[00:29:52]Um, I just had a question, your honor.

[00:29:55]Um, since my release, I've been on a pre-trial uh full house arrest monitor, and that's a little bit disruptive from my employment. Uh, just because I was in the works of I think having a position to work from home, but that is obviously subject to change considering the fact that, you know, I I haven't been able to show up. And luckily that with my job, they're very understandable on the situation and that I'm having to take some time off. Uh but currently right now, I I do have a full house arrest monitor uh with me.

[00:30:29]>> Okay. Uh state, >> no objection, sir.

[00:30:33]>> All right. Removal GPS.

[00:30:36]>> Thank you, your honor.

[00:30:38]>> All right. And that call's number. Did you review the trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it? Yes, your honor.

[00:30:46]>> Because this is plea bargain agreement.

[00:30:48]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. Because this is an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney.

[00:31:04]We're going to proceed in 2026 CR0000172 four years deferred to ad judication $1,000 fine probated. This will run concurrent with 2026 CR 0001167.

[00:31:28]There is to be an affirmative finding of family violence. No contact with the complainant. Phil visits one time per month for four months. Regular reporting by Zoom or in person. Regular UAS.

[00:31:42]Proof of employment within 30 days. No employment as a home health care provider or with minors. No unsupervised contact with minors until completion of parenting classes.

[00:31:54]U mental health initiative or mental health evaluation out of custody. TAP evaluation out of custody. follow recommendations. However, if it's requesting inpatient treatment, we'll start with outpatient treatment. 200 hours of community service restitution.

[00:32:12]50 of those hours will be deemed satisfied upon completion of BIP, which is being ordered. 50 hours will be deemed satisfied upon completion of parenting classes. The remaining 100 hours will be deducted at one hour for every sober support meeting uh completed. And the court will note there's an agreed removal of GPS.

[00:32:36]Did you review the trial court certification of defendants's rights to appeal in that cause number?

[00:32:40]>> Yes, your honor.

[00:32:41]>> Did you understand it and sign it?

[00:32:43]>> Yes, your honor.

[00:32:44]>> Again, because this is plea bargain agreement because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal because this is an affirmative finding of family violence. You're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?

[00:33:02]>> Yes, your honor.

[00:33:03]>> All right. Good luck to you.

[00:33:04]>> Thank you and God bless you.

[00:33:04]>> Welcome. Oh, let me just tell you this.

[00:33:07]>> Yes, ma'am.

[00:33:08]>> I understand the circle and violence. I understand that sometimes people will say relationships are over, but then people start thinking about the good times.

[00:33:18]>> And this is what I'm going to tell you.

[00:33:20]If she comes to your house and you decide, I remember the good times. If the police are called to your house, you're going to be in violation of the court's order. A motion to revoke is going to be filed. If she comes to your house, you probably need to call your attorney or call the police.

[00:33:37]>> If she calls you on the phone and you start answering the phone and you guys start having conversations, that's considered contact. Change your number, block it. If somebody calls, >> if she calls you and you decide, well, let me go over to the house to help her out with something. If police are called to that location, you will be in violation and a motion to revoke will be filed. Do you understand?

[00:34:02]>> Yes, your honor.

[00:34:02]>> All right, we can go off the record.

[00:34:04]Here's the thing. Don't get into another relationship until you worked on yourself.

[00:34:11]>> Get an orchid. And this is why I tell people to get an orchid at HB, Walmart, wherever it may be. They have these beautiful orchids. The bloom are on them. Get that orchid, take it home.

[00:34:24]Once those blooms fall off, if you can get that same orchid to bloom again, you may be ready for a relationship. You know why I say that? Because orchids are very finicky.

[00:34:35]>> When you get that instructions from the supermarket, it's like, put two ice cubes in there. You shouldn't be putting ice cubes in there.

[00:34:41]>> Then it's like, put it next to the light, letting it be indirect, don't put it outside, do it hydro, don't drew it hydro. It takes a lot of patience. And if you can get that to bloom, you will have learned patience. Of course, that's what I uh I you said example before for a couple of my friends that have been in a similar situation. Never did I think that I'd be in >> the same situation that I told them very well to keep away from. So, >> I do very much appreciate that and it's good food for thought for sure. So, >> all right. Good luck.

[00:35:13]>> God bless you.

[00:35:15]>> God bless you, too. What's I've gotten so many God blesses today. I need that.

[00:35:19]After pleading no contest to two family violence strangulation charges, Timothy Sodto asked the court for deferred adjudication instead of a felony conviction. Judge Boyd granted that opportunity, placing him on four years of deferred adjudication.

[00:35:34]>> All right, the court is calling 2026 CR4818 and 2026 CR 0004816 state versus Luis Benegas Jr. Can I have parties announce?

[00:35:50]>> 12 gold for Mr. Venegas.

[00:35:53]>> And are you Mr. Venegas?

[00:35:54]>> Yes, sir.

[00:35:55]>> Council, in each cause number, have you received all discovery in that you review it with your client?

[00:36:00]>> Yes, your honor.

[00:36:01]>> In each cause number, the court will find that the state is in compliance with discovery.

[00:36:08]>> All right. I have two applications.

[00:36:11]>> Uh, I didn't I should have dubbed the other one, Judge. It was my fault.

[00:36:14]>> That's okay. the the the mismarriage.

[00:36:23]>> All right. Did you review the application for community supervision with your attorney? Did you understand it and sign it?

[00:36:29]>> Yes, ma'am.

[00:36:30]>> And each cause number, did you review the true bill of indictments with your attorney? Did you understand it?

[00:36:35]>> Yes, ma'am.

[00:36:37]>> Council, in each cause number, do you weigh the reading of the indictment?

[00:36:39]>> Yes, your honor. state in the possession case. Are you proceeding on the indictment as presented?

[00:36:45]>> No, your statement is to the punishment enhancement.

[00:36:48]>> No objections. We proceeded.

[00:36:50]>> And in one six, are you proceeding on the indictment as presented?

[00:36:53]>> No, you're under state will proceed on the lesser included offense of the class A misdemeanor evading arrest or detention.

[00:37:00]>> No objection. That will proceed.

[00:37:03]>> And each cause number, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[00:37:10]>> Yes, sir.

[00:37:12]>> And the cause number ended in 18. You're charged with possession less than one gram, penalty group one. Range of punishment is up to 100, I'm sorry, up to two years in the state jail facility with the lower end being 180 days at the state jail facility and up to 2,000 $10,000 fine. And the cause number ending in 16 for the evading arrest as a class A misdemeanor. The range of punishment is up to one year in the Bear County Jail and up to a $4,000 fine. In each of these p, if you have an agreement with the state, the court does not have to follow your plea. If the court doesn't follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering these pleas, you're giving up those rights. Did you intend to give up those rights and enter into a plea bargain agreement in each of these cause numbers? Yes, >> ma'am.

[00:38:12]>> Council, has your client been able to provide any defenses?

[00:38:15]>> Yes, ma'am.

[00:38:15]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:38:20]>> Yes, your honor.

[00:38:20]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:38:24]>> Yes, ma'am.

[00:38:24]>> Mr. Vanas, in each of the cause numbers, has anyone threatened you, coerced you, or placed you in fear to get you to enter the plea?

[00:38:30]>> No, ma'am. Anyone promise you anything other than the plea? No.

[00:38:34]>> Satisfied with the way you've been represented? Yes.

[00:38:36]>> If you're not a US citizen by entering into these p, you will be deported, denied naturalization, and re-entry. Did you understand?

[00:38:43]>> Yes, ma'am.

[00:38:44]>> In each cause number, the court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargain page with uh your attorney in each of these cause numbers? And did you understand it?

[00:38:55]>> Yes, your honor. According to the plea and 18, punishment is to be assessed at two years in the state jail facility.

[00:39:04]$600 fine. State recommends community supervision. This will run concurrently with 2026 CR4816.

[00:39:15]State will take in consideration 2026004165.

[00:39:22]There's to be restitution of $120 to the lab for testing. Outside the agreement, the state is recommending two years community supervision, tap evaluation, 100 hours of community service restitution, the MRT, random UAS, uh referral to felony drug court, if not accepted, then ISF, and the cause number ending in 16. The state is asking or you agree to class A misdemeanor evading arrest detention, 90 days in the Bear County Jail, $600 fine, no applications concurrent with 2026 CR4818.

[00:40:07]Did you understand those to be your please?

[00:40:09]>> Yes, ma'am.

[00:40:10]>> State defense.

[00:40:11]>> Yes, sir.

[00:40:12]>> Did you Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places? 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?

[00:40:28]>> Sir, >> any such motions?

[00:40:30]>> No, your honor.

[00:40:31]>> Then to the class A misdemeanor, how do you plead? Guilty, not guilty or no contest?

[00:40:35]>> Guilty honor.

[00:40:37]>> To the drug case, how do you plead?

[00:40:38]Guilty, not guilty, or no contest?

[00:40:40]>> Guilty.

[00:40:41]>> State any evidence proceeds to exhibit one and all consent for both clauses.

[00:40:46]>> No objections.

[00:40:47]>> All right. state. Do you have the dismissal for me to sign the AL number?

[00:40:51]>> I turned that in.

[00:40:56]>> No, no, I'll check and see.

[00:40:57]>> I'm pretty sure it's in the paperwork, judge. You did give it to me and and I'm pretty sure I turned it in.

[00:41:02]>> All right. I'll look and see.

[00:41:03]>> Hopefully.

[00:41:06]>> All right. Did you review the waivering stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[00:41:13]>> 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 in the right to remain silent?

[00:41:23]>> Yes, ma'am.

[00:41:24]>> 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?

[00:41:36]>> No. In each of the cause numbers, the court will find that defendant has knowingly and voluntarily waved and consented to stipulations of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the same.

[00:41:56]After reviewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty in each cause and the court will find you guilty. Uh, off the record, clerk, do you have that uh dismissed? I don't see it anywhere.

[00:42:20]>> I'll do my sign.

[00:42:23]I don't know if it's in between the >> All right, I'll double I'll go through each one to see.

[00:42:30]All right. and cause number ending in 18.

[00:42:39]>> That's okay.

[00:42:40]>> I'm sorry.

[00:42:45]>> That's okay. The court will sentence you to two years in the state jail facility suspended and probated for two years.

[00:42:51]There should be regular reporting by Zoom or in person, regular UAS, proof of employment within 45 days of release, no employment as a home health care provider or with minors, $600 fine, probated in custody.

[00:43:14]There should be a referral to felony drug court and a TAP evaluation if not accepted.

[00:43:26]And felony drug court follow TAP recommendations.

[00:43:33]Phil visits one time per month for four months.

[00:43:39]This is run concurrent with 2026 CR 004816 taking consideration 2026 0004165.

[00:43:52]There's to be restitution of $120 to Bear County Laboratories for testing.

[00:44:04]200 hours of community service restitution. Do you have any children?

[00:44:08]>> I do.

[00:44:10]>> What are their ages?

[00:44:11]>> I have six-year-old, 5-year-old who biological. They're the uh 8 months. He's going to be nine months August 12th. And my son um he's going to be two years on July 11th.

[00:44:26]>> All right. How far did you go in school?

[00:44:28]>> I only completed 8th grade, but I made it to n I didn't complete it.

[00:44:33]>> All right. So, when's the last time you had employment and what were you doing?

[00:44:37]I was working for some general contractors that I met off of um Facebook Market.

[00:44:43]>> I also did a landscape for myself.

[00:44:46]Um I work for Bare Concrete also.

[00:44:49]>> Okay.

[00:44:50]>> I have potential job um could take a job with Toyota.

[00:44:57]I know I know a person there that would be getting me in as long as I'm clean, you know.

[00:45:02]>> So, I have that. Um, but pretty much I think I'm going to get in contact with the general contractor again because he works for fire station 8. Um, and he's a really good person. He does he works at the firehouse and his name is Aldoro.

[00:45:17]So, um, he's always had work for me. Um, he does general contracting on the side also.

[00:45:31]I'm not sure exactly which which what what I'm what's going to end up happening um work-wise, but I'm not really too worried about it. I'm going to try to get a night job if when the opportunity comes just so I could take care of my responsibilities throughout the day.

[00:45:48]>> Okay. All right. This is what the court is going to do. Uh, as previously stated, two years in the state jail facility, suspended and probated for two years, regular reporting by Zoom or in person, regular UAS, proof of employment within 45 days of release from custody, no employment as a home health care provider with minors, $600 probated. in custody the following. A referral to felony drug court if not accepted in a felony drug court. Then a tap evaluation following whatever conditions recommended by TAP. Phil visits one time per month for four months concurrent with 2026 CR00004816 taking consideration 2026 0004165 restitution of $120 to Bear County Crime Lab for testing. 200 hours of community service restitution.

[00:46:50]100 hours to be duct deducted upon completion of parenting classes. The remaining 100 hours you either do sober support meetings. For every sober support meeting you complete an hour will be deducted or if you complete a trade school the remaining 100 hours will be deemed satisfied. Probation. Is there anything else?

[00:47:14]Is there anything else you need from the court in order to be successful?

[00:47:17]>> I'm looking forward to the drug court. I hope I'll be able to qualify.

[00:47:21]>> Oh, you have a great attorney here. He's going to get you in. I hope so.

[00:47:25]>> And judge, just I don't know if that's part of the agreement. If he doesn't get accepted, it was ISF, but I know you you said TAP, but I Okay, just I didn't >> That's outside the agreement.

[00:47:36]>> Okay, that's fine. It it was it was >> All right.

[00:47:43]>> All right. And then in the cause number ending in 16 on the class A misdemeanor or evading court is going to sentence you to 90 days in the Bear County Jail. Give you credit for any time served. There's a $600 fine time and money to run concurrently.

[00:48:08]This is to run concurrent with 2026 CR4818.

[00:48:13]Is this considered a judgment satisfied?

[00:48:16]>> Yes, sir.

[00:48:16]>> All right. And the court will show that the judgment is satisfied. In each of those cause numbers, did you review the documents entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it?

[00:48:30]>> Yes, sir.

[00:48:30]>> And sign it?

[00:48:31]>> Yes, sir.

[00:48:32]>> Because these are plea bargain agreements. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal.

[00:48:42]Because these are felony convictions, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand? All right. So, here's the thing, and we're off the record.

[00:48:57]You're always supposed to want to maintain your sobriety for yourself, but if you're at that point where you're like, I really don't care about myself, do it for your children. Okay. All right. Good luck to you. You're welcome.

[00:49:09]>> God bless.

[00:49:10]>> Thank you. God bless you, too. All right. Court is calling 2026 CR00004783 and 2026 CR00004780 State versus Jessica Suarez. off the record for a moment. Hey, David, could you guys That's okay. Could you guys move to that end?

[00:49:32]>> That's okay. It'll make it just easy.

[00:49:34]>> No [laughter] problem.

[00:49:39]>> All right. Could I have parties announced for the record?

[00:49:43]>> Arling Gay for the defendant >> and are you Miss Suarez?

[00:49:46]>> Yes, ma'am.

[00:49:47]>> Council, have you received all discovery?

[00:49:50]>> Yes, I have.

[00:49:52]>> Do you have the discovery? It was sent electronically to you.

[00:49:56]>> Okay.

[00:49:56]>> I see sign document.

[00:49:59]>> Let me see if I have it.

[00:50:06]>> All right. Have you re you I'm sorry.

[00:50:08]>> Sorry.

[00:50:08]>> No, no, no. You ready? Have you received all discovery and did you review it with your client?

[00:50:14]>> I I did not play the video of the eagle, but yes, I talked to her about the facts of her case.

[00:50:21]>> All right. And you all may have to um it the discovery isn't downloading for me. The uh there we are.

[00:50:37]Okay.

[00:50:44]All right. The court will uh find that the state is in compliance with discovery and you are Jessica Suarez, correct? Do you have any objection to continuing with this plea agreement knowing that your attorney has not downloaded the DVD to to view?

[00:51:03]I mean, do you have any objections to that?

[00:51:07]>> All right. In each of the cause numbers, did you review the true bill of indictment with your attorney? Did you understand it? Council, do you wave the reading?

[00:51:16]>> Yes, I do.

[00:51:17]>> State, are you proceeding on the uh indictment as presented in each cause number?

[00:51:22]>> Judge, we'll be waving abandoning the punishment enhancement, but otherwise proceeding instruction.

[00:51:26]>> Any objection?

[00:51:27]>> No objection.

[00:51:29]>> In each cause numbers, did you review the court admonishments with your attorney? Did you understand it and sign it and all the appropriate places?

[00:51:37]>> Yes, ma'am.

[00:51:38]>> All right. And the cause number ending in 83, you're charged with evading arrest detention with a vehicle. And the cause number ending in 800, you're charged with unauthorized use of a vehicle. Those are state jail felonies.

[00:51:52]The range of punishment, I'm sorry, the state jail felony is the unauthorized use. Range of punishment is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. in the evading arrest detention with a vehicle. That's a thirdderee felony. The range of punishment is anywhere from two to 10 years in the prison and up to $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. 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. By entering these pleas, you're giving up those rights. Did you intend to give up those rights and enter into a plea in each of these cause numbers?

[00:52:48]>> Yes, ma'am.

[00:52:49]>> Council, has your client been able to provide you with any defenses?

[00:52:53]>> Yes, she's assisted me.

[00:52:54]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:52:59]>> Yes. Julie, she's currently competent and was legally sane at the time of the offense.

[00:53:03]>> Yes.

[00:53:04]>> Misses, has anyone threatened you, coerced you, or placed you in fear to get you to enter the plea? Anyone promised you anything other than the plea? Are you satisfied with the way you've been represented?

[00:53:15]If you're not a US citizen by entering to these p, you will be deported, denied naturalization, and re-entry. Did you understand?

[00:53:22]>> Yes, ma'am. In each cause number, the court will find that defendant has knowingly and voluntarily waved her right to jury trial and the cause number in ending in 83. According to the plea, your punishment is to be assessed at 6 years in the prison. This will run concurrent with 20 26 CR 004780 and the cause number in 80 according to your plea. The punishment is to be assessed at 6 months in the state jail facility and it's to run concurrently with 2026 CR4783.

[00:53:53]Did you understand that to be your plea?

[00:53:55]>> Yes.

[00:53:56]>> Defense and state. Is that the plea?

[00:53:58]>> It is, judge.

[00:53:59]>> Yes, it is.

[00:54:00]>> In each cause number, did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places? 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?

[00:54:16]>> Yes, ma'am.

[00:54:17]>> Any such motions?

[00:54:18]>> No such motions.

[00:54:20]>> Then to the offense to each of the offenses, how do you plead guilty, not guilty, or no contest?

[00:54:26]>> State any evidence?

[00:54:27]>> No. State ex one and all.

[00:54:30]>> No objection.

[00:54:30]>> All right. State you may be excused.

[00:54:32]>> Thank you, sir.

[00:54:33]>> In each cause number, did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places? Yes, ma'am.

[00:54:40]>> 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?

[00:54:50]>> Yes, ma'am.

[00:54:56]>> Did you understand that today the state would be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:55:07]>> Yes, ma'am.

[00:55:08]>> In each of the cause numbers, the court will find there is sufficient evidence to find you guilty. Court will find you guilty. Are you proceeding with sentencing?

[00:55:17]>> Yes, your honor.

[00:55:18]>> Anything you wish to say on behalf of your client?

[00:55:21]>> Uh, my client is asking the court to file the plea bargain. As you can see, she is currently pregnant. Um, she is remorseful.

[00:55:30]uh her friend who brought the car, drove the car to pick her up, said, "Please, you know, could you mind driving?" And she did. And then when the police got behind them, her friend who Miss Aosta told her, "Go, go, go." And she did. And um and that's where we are. Uh at that time, she didn't know she was pregnant. So, she probably had um a pregnancy brain, a brain, you know, not really thinking about what she was doing, but since coming to jail, she did find out she's pregnant. So, um you know, it's a bad situation when somebody asks you to drive when they come to pick you up.

[00:56:14]>> And I think uh that put her in a really bad situation, your honor.

[00:56:19]>> All right. In cause number 2026 CR00004780.

[00:56:26]As previously stated, the court is finding you guilty.

[00:56:30]Court will sentence you to 6 months in the state jail facility. Give credit for any time served. This will run concurrent with 2026 CR4783.

[00:56:43]Uh, the court will request the therapeutic community no unsupervised contact with minors and there's be no contact with Samantha Marie A. Costa and that cause number. Did you review the trial court certification of defendants's rights to appeal with your attorney? Uh, did you understand it?

[00:57:16]>> Yes, ma'am.

[00:57:17]>> And did you sign it?

[00:57:19]>> All right. Because I followed your plea bargain agreement. Because you wave your right to appeal, you do not have the court's permission to appeal. Because that's a felony conviction. You're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. and cause number 2026 CR 004783.

[00:57:50]Court is finding you guilty.

[00:57:55]Court will sentence you to six years in the prison.

[00:57:59]Give credit for any time served. This run concurrent with 2026 CR 004780.

[00:58:06]There should be no unsupervised contact with minors.

[00:58:11]There should be no contact with Samantha A. Costa and the court will recommend the therapeutic community and that cause number. Did you review the trial court certification of defendants rights to appeal with your attorney? Did you understand it and sign it? Again, because this is plea bargain agreement, because I followed your plea bargain agreement, and because you wave your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?

[00:58:45]All right, we can go with the record.

[00:58:46]Here's the thing.

[00:58:48]You know better.

[00:58:50]And that whole you're not a babe in the woods. Somebody tell you to drive. Oh, no. What do I do? going to drive because you had enhancements. If you continue on this vein, what's going to end up happening? You're going to spend the rest of your life at somebody's prison and somebody else is going to raise your child. You understand?

[00:59:08]>> All right. Good luck to you. Court is calling 2026 CR00005825 state versus David Martinez. Could I have parties announce?

[00:59:20]>> Valentina on behalf of Mr. Martinez.

[00:59:23]>> Are you Mr. Martinez? Yes.

[00:59:26]>> Council, have you received all discovery? Did you review it with your client?

[00:59:29]>> I have and I did.

[00:59:31]>> Court will find that the state is in compliance with discovery. Mr. Martinez, did you review the true bill of indictment with your attorney? Did you understand it?

[00:59:39]>> Yes, I do. Judge.

[00:59:40]>> Council, do you wave the reading?

[00:59:42]>> I do.

[00:59:42]>> State, are you proceeding on the indictment as presented?

[00:59:45]>> Yes, your honor.

[00:59:47]>> Thank you.

[00:59:47]>> Sure. Mr. Martinez, did you review the court admonishments with your attorney?

[00:59:52]Did you understand it and sign it in all the appropriate places?

[00:59:55]>> Yes, sir.

[00:59:56]>> You're charged with evading arrest detention with a previous conviction.

[01:00:00]That's a state jail felony. The range of punishment is anywhere from 180 days up to two years in the state jail facility and up to a $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you, and you will be allowed to withdraw your plea.

[01:00:25]Did you understand?

[01:00:27]>> Yes.

[01:00:27]>> 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. By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case? Yes, ma'am.

[01:00:44]>> Council, has your client been able to provide you with any defenses?

[01:00:48]>> He has, >> do you believe he has a rational as well as a factual understanding of the charges against him?

[01:00:53]>> I believe he does.

[01:00:54]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[01:00:58]>> I believe he is and he was.

[01:01:00]>> Mr. Martinez, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[01:01:05]>> No.

[01:01:06]>> Anyone promised you anything other than the plea?

[01:01:08]>> No.

[01:01:09]>> Are you satisfied with the way you've been represented?

[01:01:12]>> Yes. If you're not a US citizen, by entering this plea, you will be deported, denied naturalization and re-entry. Did you understand?

[01:01:19]>> Yes.

[01:01:20]>> Court will find that defendant has knowingly and voluntarily waved his right to jury trial. Did you review the plea bargain agreement with your attorney? Did you understand it?

[01:01:28]>> Yes, sir.

[01:01:29]>> According to the plea, punishment is to be assessed at 113 days in the Bear County Jail under 1244. Did you understand that to be your plea?

[01:01:37]>> Yes, sir.

[01:01:37]>> Defense state?

[01:01:38]>> Yes. Yes, sir. Did you review the waiver of appeal paragraph with your attorney?

[01:01:43]Did you understand it and sign it in both places?

[01:01:45]>> Yes, John.

[01:01:46]>> By citing 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?

[01:01:56]>> Yes, ma'am.

[01:01:57]>> Council, have there been any such motion?

[01:01:59]>> No.

[01:02:00]>> Then to the offense, how do you plead?

[01:02:02]Guilty, not guilty, or no contest?

[01:02:04]>> No contest.

[01:02:05]>> State any evidence?

[01:02:06]>> Yes, your honor. State offered seats in all attachments.

[01:02:08]>> No objections.

[01:02:09]>> All right. Statement be excuse. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it and all the appropriate places?

[01:02:18]>> Yes, sir.

[01:02:19]>> 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 in the right to remain silent?

[01:02:28]>> Yes, sir.

[01:02:29]>> 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?

[01:02:39]>> Yes, your honor.

[01:02:40]>> Court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments. After reviewing the same, the court will find there is sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[01:02:58]>> Yes, sir.

[01:02:59]>> Court will sentence you to 113 days in the Bear County Jail under 1244. give you credit for any time served. Is this a judgment satisfied?

[01:03:07]>> Yes. So, yes, judge.

[01:03:09]>> Court will show that the judgment is satisfied. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it?

[01:03:20]>> Yes, John.

[01:03:20]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal.

[01:03:29]Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?

[01:03:37]>> Yes, sure.

[01:03:38]>> All right. Good luck to you.

[01:03:39]>> Thank you.

[01:03:41]>> Okay. And what is happening with the person who's on bond? Who is his attorney?

[01:03:44]>> It's Mr. McLean.

[01:03:45]>> Oh, okay.

[01:03:48]>> Okay.

[01:03:49]>> Uh, is there an application in this?

[01:03:51]>> There is not, judge.

[01:03:52]>> All right. No application. The court is calling 2025 CR015193 State versus Adam Cruz. He's on page one. Could I have parties announced?

[01:04:04]>> David Mlan for the defense.

[01:04:06]>> And are you Mr. Cruz?

[01:04:08]>> Council, have you received all discovery? Did you review it with your client?

[01:04:11]>> I did. Judge.

[01:04:12]>> Court will find that the state is in compliance with discovery. Mr. Cruz, did you review the true bill of indictment with your attorney? Did you understand it?

[01:04:20]>> I did. I understand it. Council, do you wave the reading of the indictment?

[01:04:24]>> I do, your honors.

[01:04:25]>> Are you proceeding on the indictment as presented?

[01:04:28]>> The indictment has otherwise.

[01:04:30]>> No objection, judge.

[01:04:32]>> Uh, are you guys proceeding on count one and count two?

[01:04:35]>> Count two.

[01:04:36]>> Yeah. Count waving count.

[01:04:38]>> All right. Thank you. And no objection.

[01:04:41]>> No objection, judge.

[01:04:42]>> All right. Did you review Did you review the court admonishments with Oh, you're good. Did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places?

[01:04:51]>> Yes, John, I did.

[01:04:52]>> All right. You're charged with possession of a control substance penalty group one uh 4 to200 grams.

[01:04:58]That's a secondderee felony. The range of punishment is anywhere from 2 to 20 years in prison and up to a $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea.

[01:05:17]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 in the right to remain silent. By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case?

[01:05:31]>> Yes, your honor. I do.

[01:05:32]>> Council, has your client been able to provide you with any defenses?

[01:05:35]>> Yes, your honor.

[01:05:36]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[01:05:40]>> I do, your honor.

[01:05:41]>> Do you believe he's currently competent and was legally saying at the time of the offense?

[01:05:45]>> I do, your honor.

[01:05:46]Mr. Cruz, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[01:05:51]>> No, ma'am.

[01:05:52]>> Anyone promised you anything other than the plea?

[01:05:54]>> No, ma'am.

[01:05:55]>> Are you satisfied with the way you've been represented?

[01:05:57]>> Yes, >> if you're not a US citizen by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand?

[01:06:05]>> Yes, I did.

[01:06:06]>> Court will find that defendant has knowingly involuntarily waved his right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it? Yes, your honor. Our understanding.

[01:06:16]>> According to the plea, punishment is to be assessed at five years in the prison.

[01:06:19]Did you understand that to be the plea?

[01:06:21]>> Yes, your honor, I did.

[01:06:22]>> Defense and state?

[01:06:23]>> Yes, your honor.

[01:06:25]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[01:06:31]>> Yes, your honor, I did.

[01:06:32]>> 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, he heard, and ruled upon by the court. Did you understand?

[01:06:42]>> Yes, your honor. Such motions.

[01:06:44]>> No, your honor.

[01:06:45]>> Then to the offense, how do you plead?

[01:06:46]Guilty, not guilty, or no contest?

[01:06:49]>> Guilty.

[01:06:50]>> State any evidence?

[01:06:53]>> Yes. State number one on all.

[01:06:55]>> No objection, judge. We We've reviewed it.

[01:06:57]>> All right. Did you review the waiver and stipulation with your attorney? Did you understand it and sign it in all the appropriate places?

[01:07:03]>> Yes, I did. 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?

[01:07:14]>> Yes, honor.

[01:07:15]>> 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?

[01:07:26]>> Yes, you understand. Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations.

[01:07:35]Court will accept into evidence states exhibits one and attachments and review the same.

[01:08:01]After reviewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[01:08:10]>> Yes, your honor.

[01:08:11]>> Anything you wish to say behalf of your client?

[01:08:12]>> Your honor. Um, my client takes responsibility for what happened that day and he asked that you follow the plea war.

[01:08:18]>> All right. The court will sentence you to 5 years in the prison. Give you credit for any time served. There should be no contact with Heather Renee Martinez.

[01:08:29]There should be no residing in households with minors.

[01:08:34]And there should be no unsupervised contact with minors. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney?

[01:08:44]>> Yes, your honor, I did.

[01:08:44]>> Did you understand it and sign it?

[01:08:46]>> Yes, your honor, I did.

[01:08:47]>> Because this is plea bargain agreement.

[01:08:48]Because I followed your plea bargain agreement. Because you wave your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to speak to an attorney. Do you understand?

[01:09:05]>> Yes, I understand.

[01:09:06]>> All right. Good luck to you. Do better.

[01:09:07]You understand?

[01:09:08]>> Thank you, Ar.

[01:09:09]>> You're welcome.

[01:09:09]>> Thank you.

[01:09:10]>> Charged with possessing a large quantity of a controlled substance, Adam Cruz faced the possibility of spending decades behind bars. Instead of taking the case to trial, he pleaded guilty and accepted responsibility for his actions.

[01:09:24]The judge followed the plea agreement, sentencing him to 5 years in prison while imposing additional restrictions after his release. Before ending the hearing, the court delivered a direct message that summed up the case. Make better choices before another mistake costs even more.