"HE'S ACCUSED OF ASSAULTING A 13-YEAR-OLD!" — Now He Wants To Live With BABIES?!

Added: 2026-05-23

[00:00:00]Right, do you have all the discovery in this case?

[00:00:01]>> We do, Your Honor.

[00:00:05]All right, so I need an acknowledgement of discovery signed. State, were you prepared to make an offer today?

[00:00:12]Uh yes, we can make an offer if one hasn't already been made. All right, has an offer been tendered?

[00:00:18]Uh not that I have one in my notes, Your Honor, but we do intend on pursuing trial. All right, so State, you need to make an offer today. Of course.

[00:00:30]And Ms. Ferguson on this case?

[00:00:33]If you can recall it in 30 days for plea deadline date.

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

[00:00:39]Is it going to be that uh August 7th?

[00:00:42]No, could you um August 14th? Okay, understood. All right, August 14th will be your plea deadline date.

[00:00:49]Thank you, Your Honor. All right, once you sign the reset form and sign the acknowledgement of discovery, you're excused.

[00:00:55]>> Understood. Thank you, Your Honor.

[00:00:56]You're welcome. Get you those right away.

[00:00:59]And then wait for the Okay, I'm going to get you a reset Is there an application in this case?

[00:01:10]>> There is not, Judge. All right. Court is calling 2023 CR0403, State of Texas versus Christopher Cantu.

[00:01:19]Can I have parties announced for the record? For the State?

[00:01:21]>> Travis Banks for the State of Texas.

[00:01:23]Defense? Orlando Gastelum. And are you, Mr. Cantu?

[00:01:26]>> Yes, ma'am.

[00:01:27]Right.

[00:01:27]Mr. Cantu, I'm showing you what's entitled acknowledge I'm sorry. Counsel, I'm showing you what's entitled acknowledgement of discovery. Have you received all of the discovery in this case, and did you review it with your client?

[00:01:38]>> I have, Judge. Court will find that the State is in compliance with discovery.

[00:01:41]Mr. Cantu, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it? Yes, ma'am. Counsel, do you waive the reading of the indictment?

[00:01:50]>> Judge. State, are you proceeding on the indictment as presented? No, Your Honor, the State makes a motion to amend the indictment to add a count three for assault family second, and uh the further the state would make a motion to wave and amend the other counts and proceed only on count three and waving the repeater counts.

[00:02:10]We have no objections, Your Honor. All right. So, since there's no objection and you're doing a completely new count, account three, Yes, Your Honor.

[00:02:21]then you all need to do a motion and put it in the motion, cuz otherwise the record won't have anything.

[00:02:27]All right, the state will file a motion, Your Honor. All right, so if they'll do that, then we'll take this matter up.

[00:02:32]Okay.

[00:02:42]Ciro Castro, Back again, sir.

[00:02:49]All right, is there an application in this case?

[00:02:50]>> There is, Your Honor.

[00:02:55]All right, the court is calling 2021 CR7774, State of Texas versus Cireo Castro. Can I have parties announced for the record for the state?

[00:03:05]>> Daniel Westfall for the State of Texas.

[00:03:06]Orlando Gasparino for the defense. And are you, Mr. Castro?

[00:03:09]>> Yes. How do you pronounce your first name?

[00:03:10]>> Cireo.

[00:03:11]Okay, I'm going to have a problem with that. I'm just going to say Mr. Castro, okay?

[00:03:16]But I'm going to work on it.

[00:03:18]Counsel, have you received all the discovery and did you review it with your client? There is um some discovery that I've discussed with the state and my client that there are maybe some body camera footage. Uh we're prepared to go forward without that. We have reviewed um the discovery that was made available.

[00:03:33]All right.

[00:03:34]Uh Mr. Castro, do you understand that your counsel is saying that there is body cameras that he has not viewed?

[00:03:40]That's right. Uh knowing that, do you still wish to go forward without reviewing the body camera?

[00:03:49]I'm going to show you what's entitled application for deferred adjudication or community supervision. Did you review that with your attorney? Did you understand it and did you sign it? Yes, ma'am.

[00:03:59]All right.

[00:04:00]Going to show you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it? Yes, ma'am.

[00:04:07]Uh counsel, do you waive the reading of the indictment?

[00:04:09]>> do, judge. State, are you proceeding on the indictment as presented? Your honor, we're going to go on count two and we are waiving the enhancement paragraph.

[00:04:16]Any objection? No, judge.

[00:04:27]All right, I'm going to show you what's entitled court admonishments and defendant's waivers 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? Yes, ma'am.

[00:04:41]Did you understand you're charged in count two with possession of a controlled substance penalty group one 4 to 200 g? That's a second-degree felony.

[00:04:48]Range of punishment is anywhere from 2 to 20 years in prison and up to a $10,000 fine. Did you understand? Yes, ma'am. If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court doesn't follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? Yes, ma'am.

[00:05:08]Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent? Yes, ma'am.

[00:05:16]Did you understand by entering this plea bargain agreement you are giving up those rights? Yes, ma'am. And did you intend to give up those rights and enter into a plea in this case? Yes, ma'am.

[00:05:25]Did you understand if the court were to grant your application for deferred adjudication and for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 20 years in prison and up to a $10,000 fine? Yes, ma'am. Counsel, has your client been able to provide you with any defenses? Yes, judge. Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:05:45]Yes, sir. Do you believe he's currently competent and was legally sane at the time of the offense? I do. Mr. Castro, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No, your honor. Has anyone promised you anything other than the plea? No, your Are you satisfied with the way you've been represented?

[00:06:00]Yes, your honor. Are you a U.S. citizen?

[00:06:01]Yes, your honor. Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?

[00:06:10]>> Yes, ma'am. According to the plea, the state is proceeding on count two.

[00:06:14]They're asking that your punishment be assessed at 7 years in the prison.

[00:06:17]They're remaining silent on your applications. They're taking into consideration county court cause number 647494.

[00:06:24]Did you understand that to be the plea?

[00:06:26]Yes, ma'am. Defense? Yes, judge. State?

[00:06:28]Yes, judge. Showing you the waiver of appeal paragraph, did you review that with your attorney? Did you understand it and did you sign it? Yes, ma'am.

[00:06:35]Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:06:44]>> Yes, ma'am. Counsel, have there been any such motions?

[00:06:46]>> Then to the offense in count two, how do you plead? Guilty, not guilty, or no contest?

[00:06:50]>> Guilty.

[00:06:51]State, any evidence?

[00:06:52]>> State offers exhibit one and all its attachments. No objection.

[00:06:57]Going to show you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:07:06]>> Yes, ma'am. 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 will call and the right to remain silent?

[00:07:14]>> Yes, ma'am. Did you understand that today the state would be proceeding with evidence in the form of witnesses' statements, police reports, laboratory reports, but most importantly, there would be no live testimony. Did you understand?

[00:07:27]>> Yes, ma'am. Court will find Oh, I'm sorry, you can be excused. Thank you, judge. Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and the court will find there's sufficient evidence to find you guilty. The court will defer finding of guilt as you applied for deferred adjudication. Ms. Ferguson, I need a PSI date.

[00:07:53]And probation, this will be a PSI and tap.

[00:07:59]2021 CR 7774.

[00:08:03]Thank you.

[00:08:05]And he's proceeding on count two only.

[00:08:09]All right, your PSI date will be set for August 24th, counsel.

[00:08:13]If we receive the PSI back before then, we'll have sentencing before then, but that's going to be your date. The court will make a decision on your um application based upon that PSI report I receive and any other information that's tendered to me as evidence. You understand? Yes, ma'am. All right, thank you. Thank you, Judge.

[00:08:31]Is she on bond or no? No, Judge. All right, why is she This is the first dress I Oh, she's dressed for trial.

[00:08:39]All right, thank you. Yeah, it was a plea bargain deadline, but I guess they dressed her up. All right.

[00:08:44]All right, the court is calling 2023 CR 0653 State of Texas versus Vanessa Varela. Can I have parties announced for the record for the state?

[00:08:54]Jason Garrett, attorney at law.

[00:08:56]Defense? John Winter for the defendant.

[00:08:58]And are you Vanessa Varela? Yes.

[00:09:01]Counsel, have you received all the discovery and did you review it with your client? Yes, your honor. Court will find that the state is in compliance with discovery.

[00:09:08]Ms. Varela, I'm showing you what's entitled application for deferred adjudication or community supervision.

[00:09:13]Did you review that with your attorney, did you understand it, and did you sign it? Yes, ma'am. Showing you what's entitled true bill of indictment, did you review that with your attorney, did you understand it? Yes, ma'am. Counsel, do you waive the reading of the indictment? Yes, your honor. State, are you proceeding on the indictment as presented?

[00:09:28]>> We are, your honor. Showing you what's entitled court admonishments, did you review that document with your attorney, did you understand it, did you sign it in all the appropriate places? Yes. Did you understand you're charged with the offense of unauthorized use of a vehicle? That's a state jail felony. The range of punishment is anywhere from 180 days up to 2 years in the state jail facility and up to a $10,000 fine. Did you understand? Yes. If you have a plea bargain agreement with the state, the court does not have to follow your plea.

[00:09:55]If for any reason the court doesn't follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? Yes, ma'am. 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 will call and the right to remain silent?

[00:10:12]Yes, ma'am.

[00:10:13]Did you understand by entering this plea you're giving up those rights? Yes, ma'am. And did you intend to give up those rights and enter into a plea in this case? No, ma'am.

[00:10:23]I mean, yes. Oh, that's okay. Sometimes that last question is confusing to everyone, so I'll ask it again. All right, all the You understand all the rights I've just explained to you? Oh, yes. All right, did you understand and by entering a plea bargain agreement you were giving up those rights?

[00:10:39]No.

[00:10:41]I didn't know.

[00:10:43]All right.

[00:10:45]Remember we talked about how you had the right to a jury trial, the right to confront and cross-examine witnesses and the right to remain silent?

[00:10:52]>> Oh, yes. And remember that I said that in pleading no contest you're going to be giving up those rights, right? Yes.

[00:10:59]And the judge is asking if you understand that you're giving up those rights.

[00:11:02]Oh.

[00:11:03]All right, do you understand that you're giving up those rights? Yes. Okay, so I'm going to take it one at a time, okay?

[00:11:09]You understand you have the right not to testify. Do you understand that? Yes.

[00:11:14]Right. You understand because you're entering a plea bargain agreement you can testify. You can be forced to testify. Do you understand that?

[00:11:23]You have to answer. Yes, ma'am. All right, do you understand that in cases such as this the state would have to call witnesses to prove their case?

[00:11:32]Yes, ma'am. All right. So, because you're entering a plea, the state's not going to call call any witnesses. Do you understand? Yes.

[00:11:40]Right. Now, if the state were to call witnesses, your attorney would get a chance to ask questions of them. Do you understand that? Yes. So, because you're entering a plea, what that means is the state is not going to call any witnesses, and your attorney's not going to get a chance to ask them questions.

[00:11:55]Do you understand that? Yes, ma'am. All right. So, the other thing you have a right to is you have a right to have a jury trial. So, because this is a felony case, there will be 12 jurors on your case, and the state would have to present their evidence, and a jury would decide whether or not you were guilty or not guilty. Do you understand? Yes, ma'am.

[00:12:15]All right. So, because you're entering a plea bargain agreement, you understand you're not going to have a jury trial.

[00:12:19]Do you understand that?

[00:12:21]Yes, ma'am. And you understand that your attorney is not going to question anybody. Do you understand that? Yes, ma'am. And you understand that you may have to testify. Do you understand that?

[00:12:29]Yes. All right. So, do you want to continue with this plea, or do you want a jury trial?

[00:12:36]Um What's the agreement that we have?

[00:12:41]Do you remember what that agreement >> to talk to her some more, counsel?

[00:12:46]Sure, Judge. All right. So, I'll let you all discuss some more.

[00:12:59]John Rodriguez.

[00:13:07]Who's the attorney for John Rodriguez?

[00:13:12]All right, Mr. Rodriguez, your attorney's not here. Just have a seat.

[00:13:15]May May I have a second in the hallway, Judge? Oh, you're John Rodriguez. Okay.

[00:13:18]Mr. Rodriguez.

[00:13:22]All right, Mr. Rodriguez, come forward.

[00:13:29]All right. So, counsel, is your client accepting the offer or not?

[00:13:33]Your honor, at this time we are not. I don't I want to qualify your honor.

[00:13:39]So my my my client was in lifetime recovery and had been in lifetime and and we provide certificates to the state. He's still in uh therapy. I'm trying to obtain notes from the therapist. Um our goal moving forward is to accept a plea bargain and ask the judge or the court for drug court. But I'm trying to get the paperwork that I need so that I can properly proceed. So is there second setting, I'm asking for the court to kindly extend me another setting so that I can get that and move forward. All right. Can we go off the record for a moment, please? Counsel, did you have a chance to confer with your client? Yes, your honor. All right, do you believe she understands the agreement? Yes, your honor, I do. All right. So Ms. Varela, uh but I have to make sure on the record that you understand, okay? Yes. All right. So I'm going to go through it again. We'll we'll just start from this point, all right? Okay. So you do understand that your attorney has the opportunity to question witnesses. Yes.

[00:14:40]You understand by entering this plea bargain agreement that the state is not going to call any witnesses, so there's nobody for your attorney to question.

[00:14:47]Yes. All right. You understand that you don't have to testify. If this were a jury trial, you wouldn't have to testify. Do you understand? Yes. So because you are entering this plea you may have to testify. Do you understand? Yes. All right.

[00:15:02]And you understand that you have a right to a jury trial, so 12 people would sit in the jury box. The state would call their witnesses. Do you understand? Yes. So because you're entering a plea there's not going to be a jury. You understand that? Yes. So did you intend to enter into a plea plea agreement in this case? No.

[00:15:25]Okay.

[00:15:26]Let me just ask you questions.

[00:15:28]I mean, yes.

[00:15:30]Let me just ask you. Sorry.

[00:15:31]No, no, no, no. So, here's the thing.

[00:15:33]There's no need to be nervous. There's not going to be a trapdoor that opens up for you. How old are you? 19. All right.

[00:15:40]How far did you go in school?

[00:15:42]Um, 11th. Okay.

[00:15:45]So, do you want a jury trial?

[00:15:49]Do you want to go to a jury trial where 12 people would sit in the box?

[00:15:54]It wouldn't be the people you see in the box now. It would be just 12 people who don't know anything about your case. The state would call witnesses.

[00:16:01]And your attorney would have a chance to question those witnesses. Do you want a jury trial? No, ma'am.

[00:16:08]No, ma'am. Do you want to enter into this plea? Yes.

[00:16:11]All right.

[00:16:13]Do both parties, the state and defense, do you believe that she understands the rights that she's giving up, defense?

[00:16:20]Yes, Judge, and I will say that she was evaluated and she was found competent.

[00:16:25]All right.

[00:16:27]State, do you have any objections with going forward? No, Your Honor. I believe in Mr. Warner. I've spoken to his client. I have spoken to her personally, but I believe that he has gone over with the plea bargain and also He's gone over everything with Okay. I'm good.

[00:16:44]All right. Did you understand that the court would have granted your application for deferred adjudication and for any reason your deferred adjudication were revoked, the court could find you guilty, sentence you to 2 years in the state jail facility and up to $10,000 fine. Did you understand?

[00:16:58]Yes.

[00:16:59]Counselor, has your client been able to provide you with any defenses? Yes, Your Honor. Do you believe she has a rational as well as a factual understanding of the charges against her? Yes, Your Honor. Do you believe she's currently competent was legally sane at the time of the offense? I do.

[00:17:13]Ms. Varello, has anyone threatened you, coerced you, you you in fear to get you to enter this plea? No, ma'am. Has anyone promised you anything other than the plea? No, ma'am. Are you satisfied with the way you've been represented?

[00:17:23]Yes, ma'am. Are you a US citizen? Yes, ma'am. Court will find that defendant has knowingly and voluntarily waived her right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it? Yes, ma'am. According to the plea, there's a $1,500 fine. The state is recommending deferred adjudication.

[00:17:41]They're taking in consideration 696657.

[00:17:46]Did you understand that to be the plea?

[00:17:48]Yes, ma'am. Defense? Yes, Your Honor.

[00:17:49]State? Yes, Your Honor. Showing you the waiver of appeal paragraph, did you review this paragraph with your attorney? Did you understand it? Did you sign it in both places? Yes, ma'am. Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand? Yes, ma'am. Counsel, have there been any such motions? No, Your Honor.

[00:18:11]Outside the agreement, the state is requesting that your deferred adjudication be for a term of 2 years. There'll be a TAP evaluation and 200 hours of community service restitution. Did you understand those are recommendations from the state and the court does not have to follow those recommendations? Yes, ma'am. Then to the offenses charged, how do you plead?

[00:18:29]Guilty, not guilty, or no contest? No No contest. State, any evidence? Yes, Your Honor. State exhibit number one with all the attachments. Any objections?

[00:18:37]>> No, Your Honor.

[00:18:38]All right. State, you may continue to confirm.

[00:18:42]I'm showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review Thank you. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places? Yes, ma'am.

[00:18:57]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 were calling, the right to remain silent?

[00:19:05]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? Yes, ma'am. Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations.

[00:19:22]Court will accept into evidence state's exhibits one and attachments and review the same.

[00:19:28]Yes, ma'am.

[00:19:31]All right, after reviewing state's exhibits one and attachments, the court will find that there is sufficient evidence to find you guilty. The court will defer finding you guilty as you applied for deferred adjudication. Are we proceeding with sentencing? We just judge.

[00:19:48]All right, anything you wish to say on behalf of your client? Uh judge, just that this is her first running with the law. Um as I stated, you know, she was evaluated and found competent. Um there may be some mental health issues in here. I'm not really sure. But she is here with family. Her family has shown up every time that she's had court. Um her plan is to uh uh take care of business on probation, put this behind her. She's got children who are being taken care of by their grandmothers right now. Uh so her plan is to stay with them and like I said, uh knock this out and put it behind her.

[00:20:23]All right. So, what drugs have you used in the past?

[00:20:29]Um marijuana.

[00:20:31]Okay.

[00:20:32]And that's it.

[00:20:35]I don't think marijuana makes you steal a fire truck.

[00:20:38]So, is there anything else?

[00:20:40]Ice.

[00:20:41]Okay. So, how often were you using ice?

[00:20:44]Um 2 weeks.

[00:20:47]Okay. Is there anything and the reason why I'm asking you these questions is because I'm going to follow your agreement, but I'm trying to figure out what conditions to give you so you'll be successful, okay?

[00:20:58]So, there's ice, marijuana, anything else other than those two?

[00:21:02]No, that's it. Oh, Xanax. Xanax?

[00:21:09]All right.

[00:21:11]Anything else? No, that's it. All right.

[00:21:13]So, the children that your grandmother Well, that your Is your grandmother person who's taking care of the children? Your grandmother?

[00:21:20]How old are they?

[00:21:21]They're 2 and 4.

[00:21:24]And are you currently expecting or no?

[00:21:27]No. Okay. June 4.

[00:21:33]All right. And was Child Protective Services involved or did your grandmother just step up to take care of the two children?

[00:21:40]Yes, my grandmother stepped up.

[00:21:42]Okay.

[00:21:45]All right. And are you going to be living with your grandmother? Yes, ma'am. And does your grandmother want you there?

[00:21:51]Yes.

[00:21:52]Who's the grandmother?

[00:21:55]Um she's at home. No, she's right there.

[00:21:58]All right. Could You have the Could the grandmother come And she is a Spanish speaker, your honor. Uh do you speak Spanish? A little bit. Have an interpreter come in.

[00:22:13]All right. Well, I just want to know if she's okay with her living with her.

[00:22:31]Yes. All right. Thank you, George. And thank you. Thank you. All right.

[00:22:35]Gracias. Thank you.

[00:22:36]>> Gracias. De nada. That's all I know.

[00:22:39]Well done. All right. Thank you. All right. Come back up.

[00:22:45]Oh, and that was her mother, not her brother. Uh so, it's the grandmother to the children.

[00:22:49]>> grandmother. Okay.

[00:22:50]All right.

[00:22:52]This is what I'm going to do.

[00:22:55]There's going to be a $1,500 fine that will be probated.

[00:23:00]2 years Well, I'm going to do 3 years deferred adjudication. Counsel, if she completes everything, you can always come back and ask for her to uh be terminated early. Yes, Your Honor.

[00:23:10]There's going to be 200 hours of community service restitution. I'm going to order parenting classes. Once she completes those, then the community service hours will be deemed satisfied.

[00:23:22]So, what do you want to do with the rest of your life? What are your hopes, your dreams? What's your dream job?

[00:23:27]Um working at a fast food.

[00:23:33]Okay.

[00:23:33]>> As a manager. Oh, awesome. Well, that can be done. So, what are you doing to What are you going to be doing to make sure that happens?

[00:23:40]Um do my probation. Okay. Uh and attend my parenting classes.

[00:23:46]All right. So, we're I'm going to ask that you get employment, too, okay? Yes.

[00:23:52]So, if you want to be the manager of fast food place, and who knows, eventually own a fast food place, that means that you've got to apply to those places because when you apply, maybe they will, but sometimes they don't. You You don't come in as manager.

[00:24:06]You've got to start at the bottom level level, then work your way up, okay? Yes, ma'am. And there's no harm in that. I used to work as service merchandise.

[00:24:15]It doesn't exist anymore, but I've had probably a lot of jobs, you know, you could think of. I used to rake yards.

[00:24:24]I don't think they rake anymore. They use the blower now. People are wimps.

[00:24:27]You need to get out there with the rake in the hot sun. So, I used to do that.

[00:24:31]Back it up. So, whatever your dreams are, that's your dream, and it's a good one.

[00:24:38]And maybe you can help McDonald's if fries don't taste the same anymore.

[00:24:42]All right. I'm going to take into consideration County Court Cause Number 696657.

[00:24:49]Uh I'm going to do a referral to Felony Drug Court.

[00:24:53]Um I'm going to do that while she's in custody. Council, if you call them and tell them to expedite it, they'll expedite and they'll probably be able to see her this week.

[00:25:04]Awesome, Judge.

[00:25:05]>> Yes, I'm putting more work up for you.

[00:25:07]So, we're going to do a referral to felony drug court, and the reason why I'm doing that because they'll help you with your drug issues and also if there's any type of mental health issues because I don't want to send her out into the world and then we're right back here.

[00:25:20]Uh there'll be regular reporting by Zoom or in person.

[00:25:26]Uh regular UAs and I'm going to want field visits one time per month until further notice.

[00:25:40]And proof of employment within 45 days of release.

[00:25:49]No employment as a home health care provider or with minors.

[00:25:54]And I'm also going to put and no unsupervised contact with minors. The only reason why I'm doing that is because of the issue with the ice and the drugs. Once she's in a program, once she's starting her parenting classes, I I'll probably lift that.

[00:26:09]Uh probation, is there anything else she needs? No, Your Honor. Is there anything else she needs from me to be successful?

[00:26:15]No, ma'am. All right. And Bashawn, if you could put also in there that she needs to reside uh with her mother.

[00:26:24]Yes. Okay.

[00:26:26]I'm going to show you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it? Yes, ma'am. All right. Because this is a plea bargain agreement because I followed your plea bargain agreement and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand? Yes, ma'am. All right. So, if there's any questions that you have about anything, let probation know. If for some reason you feel as a probation is not um answering your issues, you can always come back to court and let me know what they are, okay? Okay, ma'am. All right, good luck to you. Thank you, miss. Oh, you're so welcome. And stay out of fire trucks unless they invite you, okay?

[00:27:10]Okay?

[00:27:11]Um getting better. All right.

[00:27:18]Besides my birthday today. Oh, happy birth month. I believe you should celebrate the entire month.

[00:27:25]All right, so we have an issue where you're not willing to participate in the program that I sent you to. Uh to Is this the incorrect one? No, no, you're not. You're You're correct.

[00:27:42]All right, so we have an issue. When I send people to programs, it's because it's a program that you need. Yes, ma'am. All right. What program?

[00:27:49]Uh it was Esperanza Support.

[00:27:51]>> Oh, yes, I I I was on Zoom with them.

[00:27:54]Oh, yes, but they're saying that you say you don't want to participate. No, I told her yes.

[00:28:00]I told her yes. It was just that she was telling me if prostitution or whatever, and I told her that not a prostitution thing, but I'm willing to participate.

[00:28:12]Um Miss Abrams? Your honor, there's a note that we received back from Esperanza Support on I think 10/22 that it says that she's not willing to participate in the program.

[00:28:22]No, I told her yes.

[00:28:24]Huh? I told her yes.

[00:28:27]Cuz there's a lot of helpful things that they're they help you with and Okay, let me ask you the important question, and we're not on the record. If you're drug tested today, what are the results going to be?

[00:28:37]Um I'm going to It's going to come out I've been taking my my Xanax.

[00:28:46]And have you been using those appropriately? Yes, I take one a day.

[00:28:52]All right.

[00:28:54]Miss Abrams.

[00:28:55]Uh I am my doctor.

[00:28:58]Your honor, we did um we can re-refer. Uh-huh.

[00:29:03]All right, I'm going to re-refer you to felony I mean to Esperanza Court. Yeah, I understand.

[00:29:09]>> So, here's the thing. Okay. I don't want another notation from them saying that you don't want to participate. That program is there to help you.

[00:29:16]>> Yes. So, that you will not come back before court with these same issues. You understand?

[00:29:22]>> Yes, I understand. All right.

[00:29:24]And if you graduate, I will show up at your graduation. Okay. Okay? All right, so you're going to talk to them and let them know that you want to be in the program? Yeah.

[00:29:34]Okay. So, probation is going to speak with you and tell you what you need to do. Okay. All right.

[00:29:38]>> Thank you. You're welcome.

[00:29:44]All right. Is that how you say my name?

[00:29:45]>> All right, how are you?

[00:29:47]>> Good, thank you.

[00:29:53]Good morning.

[00:29:54]All right, so we're here for jury trial?

[00:29:56]We're set on the calendar for today, Your Honor. All right, so we're going to go to jury trial today.

[00:30:02]Um Judge, there's a problem with that.

[00:30:05]I'm not sure how long this case is going to take today.

[00:30:08]I have travel plans to be out of the country on Friday.

[00:30:13]And I have filed my notice with the uh District Attorney's Office.

[00:30:17]All right, could I see the notice?

[00:30:21]And counsel, if you're going to be out of town, I'll need a motion for continuance. State, is this going to go beyond Friday? It It probably will, Your Honor. All right, so I'll need uh a motion for continuance.

[00:30:34]No problem, I'll sit down and write one.

[00:30:36]All right, okay, if you'll write that and then we'll bring this back up.

[00:30:39]Unless the state is going to object to an oral motion. No, there's no there's no objection.

[00:30:44]All right, so we're going to go on the record.

[00:30:47]Court is calling 2022 CR10365 State of Texas versus Jorge Macias Castro.

[00:30:56]Can I have the parties announced for the record for the state? Britney Mitchell for the state. George Chavez for the defendant, Your Honor. You know he's interpreting.

[00:31:05]>> [clears throat] >> Oh, if you all could be in the center.

[00:31:11]All right, for the defense.

[00:31:13]George Chavez for the defendant, Your Honor. And are you Jorge Macias Castro?

[00:31:19]Yes. All right, and we have an interpreter. Uh, if you could raise your right hand.

[00:31:23]Do you solemnly swear or affirm you will faithfully translate from English into Spanish and Spanish into English, so help you God?

[00:31:30]>> I do, Your Honor. All right, you can lower your hand. If you'll state your name for the record. Cesar Chavez. All right.

[00:31:36]All right, today we're here for jury trial. Uh, defense, you have a oral motion.

[00:31:40]Correct, Your Honor. I'm asking the court to continue this case. I have plans to be outside of the country starting Friday.

[00:31:50]Any objection to the defense's oral motion for continuance? The state has no objection, Your Honor. All right. And where are you headed?

[00:31:57]Mexico. And how long are you going to be there? I will be there for a week.

[00:32:03]I should return to duty on the 24th of July.

[00:32:07]All right, Ms. Ferguson.

[00:32:10]Are you able to reset this uh, for July 24th that week?

[00:32:19]Um, sure, I can do that.

[00:32:21]July 25th.

[00:32:23]July 25th?

[00:32:24]>> Yes. Is everyone available for July 25th?

[00:32:28]Um, I'll have to check with the parents um, on this case.

[00:32:33]But if if I I am agreeable to that date tentatively until I can get confirmation from the witnesses. All right. So, um the court is going to grant the defense's uh oral motion for continuance without objection.

[00:32:51]And Mr. Macias, we're going to call this back uh for July 20, you said 25th, Ms. Ferguson? Yes.

[00:33:00]We're going to call it back for July 25th.

[00:33:02]That's your jury trial date, of course, if the state is not able to have the witnesses here on that date because they were expecting it to go on that date, we may uh go on a different date. Do you understand?

[00:33:16]Yes.

[00:33:18]All right. And what I need uh is there any further discovery that's been recently turned over? No, Your Honor.

[00:33:26]All right, then we'll see you back on the 25th.

[00:33:29]Thank you, Your Honor. Thank you.

[00:33:41]All right. Court is calling 2023 CR0789, State of Texas versus Juan Carlos Torres Rivera. Can I have the parties announced for the record for the state?

[00:33:51]>> Ruben Adame for the state. Defense?

[00:33:53]Armando Roman for the defendant. And are you Juan Carlos Torres Rivera?

[00:34:00]Yes. All right. And just so the record could be clear, even though this is the same interpreter, I'll swear you in again.

[00:34:07]Do you solemnly swear affirm you will faithfully translate from English into Spanish and Spanish into English, so help you God? I do, Your Honor. All right, if you'll lower your hand and state your name for the record. Cesar Chavez.

[00:34:18]Um Mr. Rivera, all of the documents that I'm going to be reviewing with you are in English. Were those explained to you in Spanish?

[00:34:30]See? Yes. All right. Counsel, do [clears throat] you speak Spanish? Yes, Your Honor. Do you speak Spanish fluently? I do. Were you able to uh go over these documents that are written in English in Spanish with your client?

[00:34:41]>> Okay. Counsel, have you received all the discovery? Did you review it with your client?

[00:34:46]>> I have, Your Honor. Yes. We'll find out the status and compliance with discovery.

[00:34:52]Mr. Rivera, did you review the document entitled application for deferred adjudication or community supervision with your attorney? Did you understand it and did you sign it?

[00:35:05]Yes.

[00:35:06]All right. So, Mr. Rivera, I see you're shaking your head to me up and down.

[00:35:11]For the record, you're going to need to answer. You understand?

[00:35:15]Yes. Right.

[00:35:17]Did you review the document entitled true bill of indictment with your attorney and did you understand it?

[00:35:24]See? Yes. Counsel, do you waive the reading of the indictment? I do, Your Honor.

[00:35:28]State, are you proceeding on the indictment as presented? Your Honor, we are proceeding as to count two, the lesser included charge of assault uh bodily injury family household.

[00:35:38]Any objection? No objection, no.

[00:35:44]All right. Did you review the document entitled court's admonishments and defendant's waivers and affidavit of admonitions with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:35:56]See? Yes.

[00:35:57]Did you understand the state is proceeding on the lesser included offense of assault bodily injury family household? That's a class A misdemeanor.

[00:36:07]The range of punishment is up to 1 year in the Bear County Jail and up to a $4,000 fine. Did you understand?

[00:36:15]See? Yes. If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement. If for any reason the court doesn't follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you, and you will be allowed to withdraw your plea. Did you understand?

[00:36:37]Yes.

[00:36:38]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?

[00:36:54]Yes. Did you understand by entering this plea bargain agreement you were giving up those rights?

[00:37:02]Yes. Did you intend to give up those rights and enter into a plea in this case?

[00:37:10]No.

[00:37:14]Uh let me repeat it.

[00:37:16]Mr. Rivera, do you understand the rights that I've explained to you?

[00:37:21]Yes. Are you giving up those rights?

[00:37:26]Yes. And are you entering into a plea in this case?

[00:37:33]Yes. And is that what you wish to do?

[00:37:36]Yes.

[00:37:38]Counsel, has your client been able to provide you with any defenses? Yes, Your Honor. Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:37:47]>> I do. Do you believe he's currently competent Yes, sir.

[00:37:50]>> legally sane at the time of the offense?

[00:37:52]Yes, Your Honor.

[00:37:54]Mr. Rivera, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:38:01]No. Has anyone promised you anything other than the plea?

[00:38:05]No. No. Are you satisfied with the way you've been represented?

[00:38:11]Yes. Are you a US citizen?

[00:38:14]Yes.

[00:38:15]Did you understand if I were to grant your application for deferred adjudication, if for any reason your deferred adjudication or you broke I could find you guilty and sentence you up to 1 year in the Bear County Jail and up to a $4,000 fine.

[00:38:32]Court will find that defendant has knowingly and voluntarily waived his right to jury trial.

[00:38:39]Did you review the plea bargain page with your attorney and did you understand it?

[00:38:45]Yes. Yes. Yes. According to the plea bargain agreement the state is proceeding on count two and the lesser included offense of assault bodily injury family or household.

[00:38:56]They're recommending deferred adjudication.

[00:38:59]There's an affirmative finding of family violence.

[00:39:02]There's to be no contact with Yaritsa, y a r i t z a Rivera Ortiz. Did you understand that to be the plea?

[00:39:15]Yes. Yes. Did you understand with the affirmative finding of family violence you're not allowed to own or possess any weapons or ammunition?

[00:39:25]Yes. Yes. Did you understand with the affirmative finding of family violence you're not allowed to be designated as primary custodial parent?

[00:39:35]Yes. Yes. Defense is at the plea?

[00:39:38]It is your honor. State is at the plea?

[00:39:40]Yes, your honor. The only if I may your honor the only issue that we had and the state agreed to remain open on it was the no contact with Yaritsa.

[00:39:49]Yaritsa is his mom.

[00:39:51]He lives with his mom.

[00:39:53]She is not here today but we were asking that it would be no harmful or injurious contact. All right, for me to lift a no contact order where it's a complaining it's family violence they'll need to be uh present. If you would like I will take the plea and if you want her to appear by Zoom we could have her here tomorrow exactly at 9:00 a.m.

[00:40:17]or either have her here at Thursday to continue the sentencing.

[00:40:21]Thursday would work out for the defendant.

[00:40:24]Okay.

[00:40:30]All right. Did you review the waiver of appeal with your attorney? Did you understand it? Did you sign it in both places?

[00:40:37]Yes.

[00:40:38]Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:40:50]Yes. [clears throat] Counsel, have there been any such motions?

[00:40:53]No, your honor.

[00:40:54]Outside the agreement, the state is recommending 2 years deferred adjudication and anger management. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:41:10]Yes. Enter the offense of assault bodily injury family household. How do you plead? Guilty, not guilty, or no contest?

[00:41:22]No contest.

[00:41:24]State, any evidence to support the defendant's plea?

[00:41:27]State offers state's exhibit one and all attachments. Any objections?

[00:41:31]Mr. Rivera, did you review the document entitled waiver and consent to stipulation of testimony and stipulations with your attorney? Did you understand it and did you sign it in all the appropriate places?

[00:41:43]Yes. 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 will call and the right to remain silent?

[00:41:58]Yes. Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly there will be no live testimony. Did you understand?

[00:42:11]Yes.

[00:42:12]Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations.

[00:42:20]Court will accept into evidence state's exhibits one and finding of guilt as you applied for deferred adjudication. And we're going to come back on um July 13th.

[00:42:31]And if you can have the mom by Zoom.

[00:42:33]And if we can go off the record for a moment.

[00:42:37]Has anyone thought about referring this to the mental health court?

[00:42:42]No, you're right. All right. If you all want to because I see there were some depression issues and I think the police was called for him to receive help and that's just what I'm reading out of the police report. So, if you all want to, you can refer this to I'll refer it to mental health court.

[00:42:59]It may take longer than July 13th since I'm I would recommend that it be referred to mental health court. And mental health court does not take convictions of deferred cases. So, if mental health court is willing to accept it and you all want a motion for a new trial and they accept it, I will grant your motion for new trial and then mental health court can take care of the issues.

[00:43:24]I'll explain it to him. I'll see you next All right.

[00:43:27]Um Ms. Abrams.

[00:43:31]I want to want this referral to referred to mental health court.

[00:43:36]And so, if he ends up being accepted into mental health court, then they'll come back with a motion for a new trial and I'll grant the motion for new trial so he can be in mental health court. So, now is it a misdemeanor? Yes.

[00:43:50]Well, they're pleading on a misdemeanor.

[00:43:52]It's actually a felony, but they pleaded down to misdemeanor. So, if you could see if we could get him with um the felony mental health court and see if they'll accept him. It's shown as So, we we're coming back on July 13th. It may end up taking longer than July 13th since we're referring it to them.

[00:44:10]But I think probably everybody would would agree it's better not to have a deferred if you can be in mental health court. I'll talk to you then. All right.

[00:44:19]So, we'll set it back here for July 13th to see where we are with the evaluation.

[00:44:24]>> Okay. All right. Is there anything else?

[00:44:27]Nothing, judge. [clears throat] Nothing to say, no. Do you still want the mom on Zoom? Yes, on July 13th because at least we'll have that out of the way that yes, she is okay with him living with her. Okay.

[00:44:37]All right. Thank you. Thank you.

[00:44:41]We're back on the record on 2023 CR0403 State of Texas versus Christopher Cantu.

[00:44:49]Mr. Cantu, I've shown you the true bill of indictment. Uh you stated to the court that you reviewed that with your attorney. Counsel, you stated that you have no objection to the waving of the reading. That's correct, judge. Uh state, are you proceeding on the indictment as presented? Um no, your honor, the state's making a written motion to amend the indictment to the order assault family subject.

[00:45:12]Any objection? No, judge.

[00:45:14]Okay.

[00:45:17]Yes.

[00:45:19]All right. Uh Mr. Cantu, you understand that the state is making a substantive change to the indictment. Do you understand?

[00:45:26]Yes, ma'am.

[00:45:27]And do you understand that your attorney has the right to for 10 days to prepare for trial once a change has been made?

[00:45:34]All right. Knowing that, do you still Sorry.

[00:45:37]That's okay. Knowing that, uh do you still wish to proceed? Yes, ma'am. All right. And counsel, are you waiving your 10 days?

[00:45:44]>> Yes, judge. And have you represented Mr. Cantu for more than 10 days?

[00:45:47]>> I have.

[00:45:50]All right. Then the uh court will grant the state's motion without objection. All right, Mr. Cantu, I'm showing you what's entitled Court Admonishments and Defendant's Waivers and Affidavit of Admonitions.

[00:46:01]Did you review that with your attorney?

[00:46:03]Did you understand it? Did you sign it in all the appropriate places? Yes, ma'am.

[00:46:08]Did you understand the state is proceeding on count three and the offense is assault family second offense? That's a third-degree felony.

[00:46:17]Range of punishment is anywhere from two to 10 years in prison and up to a $10,000 fine. Did you understand? Yes, ma'am.

[00:46:24]If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court hears and follows your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea.

[00:46:36]Did you understand? Yes, ma'am. 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 will call and the right to remain silent? Yes, ma'am.

[00:46:47]Did you understand by entering this plea bargain agreement you were giving up those rights?

[00:46:51]And did you intend to give up those rights and enter into a plea in this case? Yes, ma'am. Counsel, has your client been able to provide you with any defenses? Yes, Judge. Do you believe he has a rational as well as a factual understanding of the charges against him? I do. Do you believe he's currently competent, was legally sane at the time of the offense? Yes, Judge. Mr. Cantu, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No, ma'am. Has anyone promised you anything other than the plea? No, ma'am. Are you satisfied with the way you've been represented? Yes, ma'am. Are you a US citizen? Yes, ma'am.

[00:47:19]Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it? Yes, ma'am. According to the plea, the state is proceeding on count three, assault family second offense.

[00:47:36]Punishment is to be assessed at four years in the prison. There are no applications. Did you understand that if the court finds this is the affirmative finding of family violence, then uh you are not allowed to own or possess any weapons or ammunition. Yes, ma'am. And did you understand with an affirmative finding of family violence you're not allowed to be designated as primary custodial parent?

[00:47:56]Did you understand the plea bargain agreement?

[00:47:58]>> Yes, ma'am. Did you understand that to be the plea? Yes, ma'am. Defense?

[00:48:01]Yes, ma'am. State? Yes, your honor.

[00:48:04]Showing you the waiver of appeal paragraph, did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places?

[00:48:11]Yes, ma'am. 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?

[00:48:21]Yes, ma'am. Counsel, have there been any such motions?

[00:48:23]>> No, judge.

[00:48:27]Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest?

[00:48:32]No contest.

[00:48:35]All right. And I'll just attach this.

[00:48:43]All right, state. Any evidence to support the defendant's plea? Yes, your honor. The state offers state's exhibit one and two. No objection, judge. All right, Mr. Cantu, I'm showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it? And did you sign it in all the appropriate places? Yes, ma'am.

[00:49:01]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?

[00:49:10]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? Yes, ma'am.

[00:49:20]Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept it to evidence, state's exhibits one and attachments, and review the same. Well, and state, you may be excused to continue to confer. Find there's sufficient evidence to find you guilty, and the court will find you guilty. Are you proceeding with sentencing? Yes, judge. Anything you wish to say on behalf of your client? No, judge.

[00:49:43]All right.

[00:49:45]Court will sentence you to 4 years in the prison.

[00:49:50]Give you credit for any time There's an affirmative finding of family violence.

[00:49:56]There's to be no contact with Teresa Marie Cantu.

[00:50:06]All right, is there anything else with regards to sentencing? Yes, judge. Shown you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it? Yes, ma'am. Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.

[00:50:24]Because this is an affiliated conviction and an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. If you have a question of what a weapon or ammunition is, you'll need to speak to an attorney. You understand? Yes, ma'am.

[00:50:36]All right, good luck to you. We can go off the record.

[00:50:40]Here's the thing, how old are you?

[00:50:42]I am 46.

[00:50:44]You're getting close to that age where you're in the twilight of your life. I can say that because I'm in the twilight of my life. You're going to have to change your ways. Otherwise, you're going to be the grand father at the prison when people want to know how things are going. They're going to say ask the oldest person here, and it's going to be you. Don't be that person.

[00:51:00]You understand? Yes, ma'am. And when you're staying with your daughter, you can't invite other people over. You understand?

[00:51:07]All right, good luck to you. Thank you, judge.

[00:51:10]Thank you.

[00:51:11]All right, Lisa.

[00:51:13]All right, let me pull up the internet is working very slow for me today.

[00:51:20]Oh, it just popped up. But thank you.

[00:51:27]All right, so Ms. Garcia, these are the issues with you. And I understand that people have issues in their life.

[00:51:35]And I understand that you have children.

[00:51:37]But you're on probation. You got to do the classes. Yes, ma'am. If you don't do the classes, what's going to end up happening is a motion to revoke is going to be filed, and you may be at the prison. And they don't allow children at the prison. They don't allow the children at the Bear County Jail. Do you understand? Yes, ma'am. So, who helps you with your children?

[00:51:56]Um currently right now, nobody.

[00:51:58]Where is your mom?

[00:52:00]Um I don't know. Probably at home or working.

[00:52:03]All right. So, you're Do you trust your mom to babysit?

[00:52:06]Um That's either yes or no. No.

[00:52:10]All right. Who do you trust to babysit?

[00:52:12]Nobody.

[00:52:14]I had my kids in daycare, but I had to take them out.

[00:52:16]All right. So, you're on probation.

[00:52:19]Mhm. You You must do the classes. If you do not do the classes, what's going to end up happening is a motion to revoke is going to be filed. If it's in proper order, I'm going to sign it. And then the police are going to come pick you up wherever you may be. If you're at your house, they're going to come pick you at your house. They'll call Child Protective Services to come pick up your children. Or if you have a relative who will come, they will do that.

[00:52:40]If you are driving them to school and you're in the carpool lane, they will pick you up there. And that's that's what's going to happen.

[00:52:50]And you have to pay restitution. This is a theft case.

[00:52:54]Am I looking at the wrong case?

[00:52:56]No, Your Honor. Yeah. So, you owe 1,000 $490 in restitution. No, Your Honor. I I apologize. Um that's the amount that she's paid. She still owes the balance of $775.

[00:53:11]>> She owes $775 in restitution. When you commit a theft, people want their money.

[00:53:15]Or when you commit, in your case, a criminal mischief, which is destroying or defacing a property, they want their money.

[00:53:22]And I understand that people have life and things that are going on in their life, but don't commit a crime and you won't have to do these classes. So, if you do not do these classes, if you do not register cuz I see it says she has failed to register and take either her of her classes. You have parenting classes, you have anger management classes.

[00:53:45]So, you say you take care of your children. How are you financially supporting yourself?

[00:53:51]Um, my kids' father helps me right now.

[00:53:55]All right, so do you trust him to babysit?

[00:53:58]Yes.

[00:53:59]Yeah, so you need to do these classes.

[00:54:01]You need to do your parenting classes, you need to do your anger management classes, and you need to pay the $775.

[00:54:07]Do you understand?

[00:54:08]>> Yes, ma'am. If you do not do that, you know what's going to end up happening? A motion to revoke is going to be filed.

[00:54:13]If you take your time in paying the $775, you know what's going to end up happening? Your probation is going to be extended.

[00:54:21]Yes, ma'am.

[00:54:22]So, if you don't want any of the those things to happen, you need to get registered in class, and you need to take those classes. Do you understand?

[00:54:29]>> Yes, ma'am.

[00:54:30]All right, probation, when do you want her registered in the classes? Your Honor, um we can give her 10 days to show registration at least. Okay.

[00:54:42]The, um, other issue is her probation expires on the 21st of this month. Okay.

[00:54:50]You're going to be extended.

[00:54:52]Yes. You're going to be extended for a year.

[00:54:54]If you complete everything before then, then maybe the court will consider terminating you early, which would be you're done. Okay. All right? So, we'll extend her for a year.

[00:55:04]And you have 10 days to register for those classes. If you do not If she does not register for those classes, then follow motion to revoke.

[00:55:13]Is there anything else you need?

[00:55:15]No, ma'am.

[00:55:16]All right, thank you. Probation, is there anything else?

[00:55:20]All right, do we have the communications between the complainant and the defendant?

[00:55:25]That's what we were here for last time.

[00:55:27]CPS records were outstanding, and this was in May, so I gave you gave you all till July. So, CPS records and communications between the complainant and the defendant needed.

[00:55:39]I know that um Victoria Cruz said she signed the discovery acknowledgement, but as to those specific uh discovery issues, I can't attest to you on it.

[00:55:52]All right, Ms. Ferguson.

[00:55:53]Recall this for the 13th.

[00:55:56]And Ms. Ferguson will give you a reset form, and on that date, you all need to let me know what's the update on the communications between the complainant and the defendant.

[00:56:05]I will >> All right, thank you.

[00:56:07]Uh Ms. Ferguson will give you a reset form, then you're excused. Your client was late, so let him know that he cannot be late for the next hearing. Okay, ma'am.

[00:56:16]All right, yes.

[00:56:18]So, we're here for jury trial. So, if you all will come back at 1:30 and we'll take that up. Very good, Judge. All right, thank you. 19 CR7581 State of Texas versus DeMario Jones.

[00:56:29]Have parties announce for the record for the state. Brenda Mitchell for the state.

[00:56:33]>> Defense. Marvin Basulto here. And are you DeMario Jones? All right, I'm going to show you what's entitled motion to revoke community supervision and state's motion to supplement pending motion to revoke community supervision. Did you review that with your attorney? Did you understand it? Yes, ma'am. Are you the same DeMario Jones who's placed on community supervision in 2019 CR7581 for the offense of assault bodily injury family household on October 31st, 2019 for a term of 2 years? Is that you? Yes, ma'am. All right, state.

[00:57:04]Yes, um in violation of condition number two, on or about the 9th day of December, 2019 in Bear County, Texas, the defendant, DeMario Jones, did then and there fail to submit to drug testing as directed by the court, court officer, supervision officer, and or a duly authorized agent of the court in violation of condition number two. How do you plead to that, true or not true?

[00:57:27]True.

[00:57:28]All right, at this time, we'll wave and abandon the remaining violations. Any objections? No objections, Your Honor.

[00:57:37]All right, did you understand by pleading true to violation of condition number two, the court could fine and you grant the motion, find you guilty, sentence you up to a $4,000 fine and up to 1 year in the Bear County Jail? Yes, ma'am. Knowing that, do you still wish to plead true to violation of condition number two? Yes, ma'am. Court will find violation of condition number two true.

[00:57:55]Is there an agreement?

[00:57:57]Your Honor, there I believe there's an agreement for revocation.

[00:58:01]However, the term the state is is requesting the underlying 1 year.

[00:58:06]Um and I believe defense is is going to request the court to reform that.

[00:58:12]That's correct. So, uh the state is requesting 1 year. Defense, what are you requesting?

[00:58:17]Your Honor, I would request the court to reform the judgment. Uh I'm not trying to make any excuses for my client. He he didn't Well, he he did do some drug testing and was negative and he did do some others. Uh so, he was working and he was uh he was gone.

[00:58:31]Uh the court knows of the supplemental.

[00:58:33]But, as the court can also see, he did not pick up any new offenses. He's He's been out 2 and 1/2 years working raising his family. Uh this is not an excuse.

[00:58:41]I'm just letting the court know that he's been trying to do right except when he should have been reporting. Uh he's telling me his mother is in Florida. She recently within the last year has been diagnosed with cancer and was wanting to go visit her and wants to go back to work as soon as possible so he can make money to do that. So, you know, this is her and I'm asking for I'm just letting my client see the court reform it.

[00:59:04]He has 103 days credit at this time, Your Honor. Uh the court could reform it to 206 days or somewhere around there. Like you that or if not, maybe a 30-day jail sanction so he understands that he did do something wrong uh on that. So, what did he do while he's been on probation?

[00:59:22]>> He's been Did he do the class? He started some classes and he not finish the classes.

[00:59:29]All right.

[00:59:29]>> He did do some testing and was negative on He was positive on the first test. I think the first one and everyone after that he did was negative, but he did not show up on some of them. All right. Any objection to the court reviewing the court summary, probation's court summary? No.

[00:59:44]All right. So, what I see here is he was exited from the battering intervention and prevention program on October 20th, 2020. He was given an opportunity to re-enroll in the class, and then he was unsuccess- unsuccessfully discharged on February 8, 2021.

[01:00:06]He hasn't done parenting classes. Have you done parenting classes?

[01:00:10]>> So, he hasn't done anything.

[01:00:14]All right. Is there anything else for me to decide?

[01:00:18]No, ma'am. I'll ask my client what he wants to say, anything.

[01:00:22]Okay. All right. This is what the court is going to do. The court will grant the motion.

[01:00:28]Court is going to sentence you to 1 year in the Bear County Jail. There's an affirmative finding of family violence.

[01:00:33]There's to be no contact with Leanna, l e i g h a n n a Gonzalez, g o n z a l e z.

[01:00:45]Give you credit for any time served.

[01:00:49]Going to show you what's entitled trial court certification of defendant's rights to appeal. Your attorney read you and you understood it and did you sign it? Yes, ma'am. All right. You have a limited right to appeal, and that right to appeal is as it relates to the allegations in the motion, not the fact that you were on probation. Do you understand? Yes, ma'am. Because this is a affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. You understand? Yes, ma'am. All right. Good luck to you. Do better, okay? Is calling 2022 CR 6937 State of Texas versus Cruz Rivas. Do I have parties announced for the record for the state?

[01:01:29]>> Daniel Escobar for the State of Texas.

[01:01:31]Defense? Guillermo Mata for Mr. Rivas, your honor. Are you Cruz Rivas?

[01:01:35]Counsel, have you received all the discovery that you reviewed with your client? Yes, Judge, we have. Court will find that the state is in compliance with discovery.

[01:01:44]Is there no applications? No, your honor, there's not. Mr. Rivas, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[01:01:52]Yes, ma'am.

[01:01:54]Counsel, do you waive the reading of the indictment? Yes, Judge. State, are you proceeding on the indictment as presented?

[01:02:00]>> We are, Judge.

[01:02:02]Mr. Rivas, I'm showing you what's entitled court admonishments. Did you review that document with your attorney?

[01:02:06]Did you understand it? And did you sign it in all the appropriate places?

[01:02:10]Yes, ma'am. You understand you're charged with burglary of a building with intent to commit theft. That's a state jail felony. Range of punishment is anywhere from 180 days up to 2 years in the state jail facility and up to $10,000 fine. Did you understand? Yes, ma'am. If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement. If for any reason the court doesn't follow your plea bargain agreement and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? Yes, ma'am.

[01:02:41]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 will call and the right to remain silent?

[01:02:50]Yes, ma'am.

[01:02:51]Did you understand by entering this plea bargain agreement you were giving up those rights?

[01:02:55]Yes, ma'am.

[01:02:56]And did you intend to give up those rights and enter into a plea in this case? Yes, ma'am.

[01:03:00]Counsel, has your client been able to provide you with any defenses? Yes, Judge. Do you believe he has a rational as well as a factual understanding of the charges against him? Yes, your honor. Do you believe he's currently competent was legally sane at the time of the offense? Yes, I do. Mr. Rivas, has anyone threatened you, coerced you, or placed you in to get you to enter this plea? No.

[01:03:19]Has anyone promised you anything other than the plea? No. Are you satisfied with the way you've been represented?

[01:03:25]Yes, ma'am. Are you a US citizen? Yes.

[01:03:27]Court will find that defendant has knowingly and voluntarily waived his right to jury trial.

[01:03:32]I'm going to show you the plea bargain page. Thank you. Did you review this page with your attorney? Did you understand it? Yes, ma'am. According to the plea, punishment is to be assessed at 14 months in the state jail facility.

[01:03:46]And the state will take in consideration 2022 CR8522.

[01:03:55]Did you understand that to be the plea?

[01:03:57]Yes, ma'am. Defense is at the plea.

[01:03:58]That's correct, Judge. Did you review the paragraph entitled waiver of appeal with your attorney? Did you understand it? Did you sign it in both places? Yes, ma'am. Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[01:04:15]Yes, ma'am. Counsel, have there been any such motions?

[01:04:19]I'm sorry, Judge. Have there been any such motions?

[01:04:21]>> No, Your Honor. Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest? Guilty.

[01:04:27]State any evidence. State offers State's Exhibit 1 and all attachments. No objections.

[01:04:30]>> All right, you may continue to proffer.

[01:04:32]Showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places? Yes, ma'am.

[01:04:41]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 will call and the right to remain silent?

[01:04:50]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? Yes, ma'am.

[01:05:00]Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence State's Exhibits 1 and attachments. Court has reviewed the same. The court will find there's sufficient evidence to find you guilty, and the court will find you guilty. Are you proceeding with sentencing? Yes, judge. Anything you wish to say on behalf of your client? Uh no, Your Honor, other than we ask for any time that he's uh been in custody to be credited to his sentence, Your Honor.

[01:05:26]All right.

[01:05:27]All right. Uh the court will follow your agreement. The court will sentence you to 14 months in the state jail facility.

[01:05:33]Uh the court will give you credit for any time served, take into consideration 2022 CR8522.

[01:05:43]Going to show you what's entitled "Trial Court Certification of Defendant's Rights to Appeal". Did you review that document with your attorney? Did you understand it, and did you sign it? Yes, ma'am. All right. Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand?

[01:06:00]>> Yes, ma'am. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have an issue or question about what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[01:06:11]>> Yes, ma'am. All right. Good luck to you.

[01:06:13]We can go off the record. How old are you? 37.

[01:06:15]All right. You're going to have to do better. If you have a mental health issue, or going through a mental health crisis, or if there's a drug issue, there are plenty of free places in San Antonio to help you, okay?

[01:06:26]>> Okay. All right. Good luck to you. And I want to let you know that I do receive all the letters from the jail. I don't read them until I had the defense attorney read them, okay?

[01:06:36]>> Okay. So. All right. Thank you.

[01:06:41]>> Assault on a public servant, that's Lionel Young. If you won't let Ms. Ferguson know, she'll call that attorney.

[01:06:48]Oh, okay. I'm going to take you up right after this.

[01:06:52]Court is calling 2023 CR0029, State of Texas versus Tyler Small. Can I have parties announced for the record for the state?

[01:07:00]>> Good morning, Your Honor. For the state, Defense? Attorney Abel Costilla for Mr. Small. And are you Mr. Small? Yes, ma'am.

[01:07:07]Counsel, have you received all discovery that you reviewed with your client? I have, Your Honor. Court will find that the state is in compliance with discovery. Mr. Small, I'm showing you what's entitled application for deferred adjudication or community supervision.

[01:07:18]Did you review that with your attorney?

[01:07:20]Did you understand it? Did you sign it?

[01:07:21]Yes, Your Honor. Showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it? Yes, Your Honor.

[01:07:27]Counsel, do you waive the reading of the indictment? We do, Your State, are you proceeding on the indictment as presented?

[01:07:32]>> We are, Your Honor. All right, Mr. Small, I'm showing you what's entitled court admonishments and defendant's waivers and affidavit of admonitions.

[01:07:38]Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[01:07:43]Yes, Your Honor. Did you understand you're charged with the offense of injury to a child intentionally or knowingly? That's a third-degree felony.

[01:07:50]The range of punishment is anywhere from two to 10 years in prison and up to $10,000 fine. Did you understand? Yes, Your Honor. If you have a plea bargain agreement with the state, the court does not have to follow the your plea. If for any reason the court doesn't follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you, and you will be allowed to withdraw your plea. Did you understand? Yes, Your Honor. 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 will call, and the right to remain silent?

[01:08:18]Yes, Your Did you understand by entering this plea bargain agreement you are giving up those rights? Yes, Your And did you intend to give up those rights and enter into a plea in this case? Yes, Your Did you understand if the court were to 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 prison and up to a $10,000 fine?

[01:08:39]Counsel, has your client been able to provide you with any defenses? Yes, Your Honor. Do you believe he has a rational as well as a factual understanding of the charges against him? I do, Your Do you believe he's currently competent was legally sane at the time of the offense?

[01:08:50]Yes, Your Honor. Mr. Small, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No, Your Honor. Has anyone promised you anything other than the plea? No, Your Are you satisfied with the way you've been represented?

[01:09:00]>> Yes, Your Honor. Are you a US citizen?

[01:09:01]>> Yes, Your Court will find that defendant has knowingly and voluntarily waived his right to a jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?

[01:09:09]>> Yes, sir. According to the plea bargain agreement, punishment is to be assessed at 4 years in the prison. The state is remaining silent on your application for deferred adjudication. They recommend community supervision. They will take in consideration grand jury number 77329, and there's an affirmative finding of family violence. Did you understand what an affirmative finding of family violence is? You're not allowed to own or possess any weapons or ammunition?

[01:09:32]Yes, sir. Did you understand with an affirmative finding of family violence, you're not allowed to be designated as primary custodial parent?

[01:09:38]>> Yes, sir. Did you understand that to be the entirety of your agreement?

[01:09:41]>> Yes, sir. State? Yes, sir. Defense? Yes, sir. I've been doing that lately.

[01:09:46]>> [laughter] >> All right, I'm showing you the waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places? Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[01:10:02]>> Yes, sir. Counsel, are there any such motions?

[01:10:04]>> No, ma'am.

[01:10:04]Next, I'm showing you outside the agreement, the state is requesting that your supervision be for a term of 6 years. There be a TAP evaluation.

[01:10:13]Uh no unsupervised contact with the complainant.

[01:10:17]No harm for injurious contact with April.

[01:10:20]Parenting classes, random UAs, and the BIP course. Did you understand those are recommendations from the state, and the court does not have to follow those recommendations?

[01:10:29]>> Yes, sir. Then to the offenses charged, how do you plead, guilty, not guilty, or no contest? No contest. State, any evidence? State will offer State's Exhibit 1 and all of its attachments. No objection. All right, you can continue to affirm. Thank you. Going to show you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places? Yes, sir. Again, did you understand you have a right to a jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call, and the right to remain silent. Yes, sir.

[01:10:58]Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly there'll be no live testimony. Did you understand? Yes, sir.

[01:11:07]Court will find that the defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and review the same. In state's exhibits one and attachments, the court will find there's sufficient evidence to find him guilty. The court will defer finding of guilt as you apply for deferred adjudication.

[01:11:29]Um Does he have a criminal history?

[01:11:33]Just a few misdemeanors, Judge. There are pending MTRs in County Court 14 that we still have to resolve. And it's a believe a criminal mischief.

[01:11:40]All right. So, does he have Are those the only things that he has? I don't know the other uh misdemeanors. There may be one or two other misdemeanors.

[01:11:47]All right. So, this is what I'll do.

[01:11:50]Um Norma, can we reset this for maybe July 31st?

[01:11:58]And state, on this case I'll need his criminal history.

[01:12:03]And then if he wants to have no harm for injurious contact with the mother of the children and no unsupervised contact, uh the mother will need to appear. She can either appear by Zoom or in person.

[01:12:15]Okay. Do you mind doing it the first week of August?

[01:12:18]I'm I'm out of town the end of the month. Okay. What day are you asking for? Uh we can do that first week when I come back, Judge. Week of August 7th?

[01:12:26]Yes, Judge. Uh Norma, are we available for the week of August 7th?

[01:12:32]Yes.

[01:12:33]All right. August 7th?

[01:12:35]That works, Judge.

[01:12:37]All right.

[01:12:39]Is there anything else?

[01:12:40]>> Nothing further from us. All right. If you sign a receipt form, then we'll come back on August 7th and at that time I'll make my ruling. Thank you, Judge. Okay.

[01:12:47]Okay. So, you said we you had the hearing. Um your honor, um as you you referred Mr. Young to the magistrate court about 19 uh months ago. Mhm. He's finally out of the out of the mental health mental health hospital. He was held competent last week. Okay.

[01:13:05]Um, and I got the first offer today and I'd like some time to sit down with Mr. Young so he can make an informed decision of what to do with the offer.

[01:13:11]All right. So, then when do you want to come back because I don't want him to decompensate? Um, 2 weeks, judge. All right. Miss Would that give everybody enough time? 2 weeks? Uh yes, yes, your honor. All right. Mr. Ferguson, can I have a reset date for 2 weeks for uh Mr. Young?

[01:13:27]All right. I'll give it to you.

[01:13:30]We'll come back on and we're going to see you back on July 24th, okay? Yes, ma'am. All right. Do you have any questions about anything? I don't mind.

[01:13:38]All right. Thank you. Thank you.

[01:13:42]Get a reset form for Mr. Young. Yes, I'll I'll fill it out in just a moment for you. Let me know if you need to have it in there or not.

[01:13:49]I'm sorry.

[01:13:51]Uh this case on Young is coming back on July 24th. If you can give them a reset form so he'll have