Richard Lares v. State ( 2015 )

1 1 REPORTER'S RECORD VOLUME 1 OF 1 2 TRIAL COURT CAUSE NO. 2006-CR-10110 3 THE STATE OF TEXAS )( IN THE DISTRICT COURT 4 VS. )( 399TH DISTRICT COURT 5 RICHARD LARES )( BEXAR COUNTY, TEXAS 6 -------------------------------- PLEA HEARING 7 June 10, 2009 8 -------------------------------- 9 On the 10th day of June, 2009, the proceedings 10 came to be heard before the Court, outside the presence of a 11 jury, in the above-entitled and -numbered cause; and the 12 following proceedings were had before the HONORABLE JUANITA 13 VASQUEZ-GARNER, Judge presiding, held in San Antonio, Bexar 14 County, Texas; 15 Proceedings reported by computerized stenotype 16 machine; Reporter's Record produced by computer-assisted 17 transcription. 18 19 20 21 22 CHERYL A. LYREN, CSR NO. 1686 23 Official Court Reporter, 226th District Court Cadena-Reeves Justice Center, 300 Dolorosa 24 San Antonio, Texas 78205 (210) 335-2446 25 CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 2 1 * * * A P P E A R A N C E S * * * 2 BEXAR COUNTY DISTRICT ATTORNEY'S OFFICE BY: MS. ANGELICA M. CARRION, SBN 24031797 3 Cadena-Reeves Justice Center 300 Dolorosa 4 San Antonio, Texas 78205 Appearing for the State of Texas; 5 LAW OFFICES OF JOE D. GONZALES BY: 6 MR. JOE D. GONZALES, SBN 08119125 1924 North Main Avenue 7 San Antonio, Texas 78212 Appearing for the Defendant. 8 * -- * -- * -- * -- * -- * -- * -- * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 3 1 (Open court, Defendant present, no jury.) 2 THE COURT: Richard Lares, please. 3 Okay, 2006-CR-10110, State of Texas versus Richard 4 Lares. 5 Sir, you're Richard Lares. 6 THE DEFENDANT: Yes. 7 THE COURT: The State is charging you by 8 indictment with the felony offense of aggravated sexual assault 9 of a child, which is a first degree felony, that carries a range 10 of punishment of a minimum five, up to a maximum ninety-nine 11 years or life in the Texas Department of Criminal Justice 12 Institutional Division, and a possible fine of up to $10,000. 13 Do you understand that range? 14 THE DEFENDANT: Yes. Yes, Your Honor. 15 THE COURT: Okay. You have the right to remain 16 silent, the right to request a jury trial, to confront your 17 accusers in open court, and have Mr. Gonzales cross-examine 18 them. You have many other rights contained in this document 19 called Court's admonishments. Did you go over this carefully 20 with Mr. Gonzales? 21 THE DEFENDANT: Yes, I did. 22 THE COURT: Did you understand it? 23 THE DEFENDANT: Yes. 24 THE COURT: Is this your signature on page 3? 25 THE DEFENDANT: Yes. CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 4 1 THE COURT: Did you know when you signed this 2 document, you gave up the rights contained in it? 3 THE DEFENDANT: Yes. 4 THE COURT: I'll accept the document and make it 5 part of the record. 6 Now, Mr. Lares, if you and Mr. Gonzales have a 7 plea bargain agreement worked out with the State I'm not 8 required to go along with it. What I'm going to do after we're 9 done here is have you report to the Community Supervision and 10 Corrections Department, which used to be called the Probation 11 Department, so they can prepare a report for me. The report is 12 called the presentence investigation report, which tells me all 13 about you, your background, this case and other things that help 14 me to decide if I'm going follow the agreement. 15 THE DEFENDANT: Yes, Your Honor. 16 THE COURT: Now, if I follow the agreement you 17 cannot appeal the case unless I give you permission to do that 18 or unless Mr. Gonzales has filed written pretrial motions with 19 the Court and have them ruled upon. If I decide for some reason 20 that I'm not going follow this agreement you can take back your 21 plea, the case will get placed back on the trial docket and the 22 plea that you're about to enter can never be used against you in 23 the future. Do you understand all that? 24 THE DEFENDANT: (Nodded head affirmatively). Yes, 25 ma'am. CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 5 1 THE COURT: What's the agreement? 2 MS. CARRION: Judge, in this case it's a $1500 3 fine, 35 years, TDC; the State is opposed to his application and 4 that is a cap, also. 5 THE COURT: Mr. Gonzales, is that your 6 understanding of the agreement? 7 MR. GONZALES: It is, Your Honor. 8 THE COURT: Is that your understanding, too, 9 Mr. Lares? 10 THE DEFENDANT: Yes. 11 THE COURT: This may or may not apply to you, sir. 12 If you're not an American citizen a plea of guilty or no contest 13 can have a very serious effects on your immigration status. Do 14 you understand that? 15 THE DEFENDANT: Yes. 16 THE COURT: Okay. Mr. Gonzales, has Mr. Lares 17 been able to consult with you and assist you in his defense? 18 MR. GONZALES: Yes, Your Honor, and I feel 19 compelled to add on the record there have been some issues about 20 my client's competency. He has had now two competency 21 evaluations. I am confident that my client would have been fit 22 to proceed to trial. I am confident that he understands the 23 proceedings up to now and he has assisted me in the past in 24 preparing any defenses for him. 25 THE COURT: And that he's mentally competent to CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 6 1 enter this plea today? 2 MR. GONZALES: Yes, Your Honor. 3 THE COURT: Okay. Mr. Lares, to the offense of 4 aggravated sexual assault of a child, how do you plead, sir? 5 THE DEFENDANT: No contest. 6 THE COURT: Were you promised anything that we 7 haven't talked about today in order to get you to do this? 8 THE DEFENDANT: No, no, Your Honor. 9 THE COURT: Were you threatened or coerced? 10 THE DEFENDANT: To do -- 11 THE COURT: To enter this plea? 12 THE DEFENDANT: No, Your Honor. 13 THE COURT: Are you entering this plea because 14 you've talked it over with Mr. Gonzales and you think this is 15 the best thing for you to do? 16 THE DEFENDANT: Yes, Your Honor. 17 THE COURT: Okay. I'll note the plea and ask the 18 State for proof. 19 MS. CARRION: Offer State's Exhibit Number 1 and 20 its attachments. 21 MR. GONZALES: We have no objection. 22 THE COURT: Okay. Received. 23 Okay. I'm going to find that the evidence is 24 sufficient, and I won't make any other findings at this time. 25 THE CLERK: Right now we have July 15th at 1:30, CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 7 1 but I think we're going change that date, Judge. 2 MR. GONZALES: Judge, I would like to hire a 3 psychologist, and, also, he tells me that he needs thirty days 4 to six weeks' preparation time, so if we could have some time, 5 maybe early to mid August? 6 THE COURT: How about if we do August 10th? 7 MR. GONZALES: I think that will work. 8 THE COURT: Okay. So I will see you back in court 9 on August 10th at 1:30, Mr. Lares. 10 THE DEFENDANT: Thank you, Your Honor. 11 THE COURT: You, too, sir. 12 (End of proceedings.) 13 * * * * * * * * * * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 CHERYL A. LYREN, CSR, RMR, CRR 226TH DISTRICT COURT BEXAR COUNTY, TEXAS 8 1 THE STATE OF TEXAS * 2 THE COUNTY OF BEXAR * 3 I, CHERYL A. LYREN, FORMER Court Reporter in 4 and for the State of Texas, do hereby state that the above and 5 foregoing contains a true and correct transcription of all 6 portions of evidence and other proceedings directed by counsel 7 for the parties to be included in this volume of the Reporter's 8 Record in the above-styled and -numbered cause, all of which 9 occurred in open court or in chambers and were reported by me. 10 I further state that this Reporter's Record of 11 the proceedings truly and correctly reflects the exhibits, if 12 any, offered by the respective parties. 13 I further state that at the time of the taking 14 of this record I was certified by the State of Texas, 15 Certificate Number 1686, which expired on December 31, 2012. 16 I further state that the total cost for the 17 preparation of the Reporter's Record is $28.00, and will be paid 18 by Bexar County. 19 WITNESS MY HAND this the 11th day of May, 2015. 20 21 22 /S/ Cheryl A. Lyren, RMR, CRR (Ret) 23 9411 Keegans Woods Drive. San Antonio, TX 78254 24 (210) 213-1177 Calyren@gmail.com 25 CHERYL A. LYREN, CSR, RMR, CRR 22 6TH DISTRICT COURT BEXAR COUNTY, TEXAS