1

2 3 4 5 6 7 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 1

REPORTER ' S RECORD VOLUME 1 OF 1 TRIAL COURT CAUSE NO . 2006

-CR- 10110 THE STATE OF TEXAS ) ( IN THE DISTRICT COURT VS . ) ( 399TH DISTRICT COURT RICHARD LARES ) ( BEXAR COUNTY, TEXAS

--------------------------------

PLEA HEARING June 10 , 2009

-------------------------------- On the 10th day of June , 2009 , the proceedings

came to be heard before the Court , outside the presence of a jury, in the above

-entitled and

-numbered cause ; and the following proceedings were had before the HONORABLE JUANITA VASQUEZ-GARNER, Judge presiding, held in San Antonio , Bexar County, Texas ; Proceedings reported by computerized stenotype machine ; Reporter ' s Record produced by computer-assisted transcription .

CHERYL A . LYREN, CSR NO . 1686

Official Court Reporter , 226th District Court Cadena

-Reeves Justice Center , 300 Dolorosa

San Antonio , Texas 78205 ( 210 ) 335

-24461

2 3 4 5 6 7 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 2

* * * A P P E A R A N C E S * * * BEXAR COUNTY DISTRICT ATTORNEY ' S OFFICE BY :

MS . ANGELICA M . CARRION, SBN 24031797 Cadena

-Reeves Justice Center 300 Dolorosa San Antonio , Texas 78205

Appearing for the State of Texas ; LAW OFFICES OF JOE D . GONZALES BY :

MR . JOE D . GONZALES , SBN 08119125 1924 North Main Avenue San Antonio , Texas 78212

Appearing for the Defendant . *

-- *

-- *

-- *

-- *

-- *

-- *

-- *1

2 3 4 5 6 7 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 (Open court , Defendant present , no jury . ) THE COURT : Richard Lares , please . Okay, 2006

-CR-1 0 1 1 0 , State of Texas versus Richard Lares . Sir, you ' re Richard Lares .

THE DEFENDANT : Yes . THE COURT : The State is charging you by indictment with the felony offense of aggravated sexual assault of a child, which is a first degree felony, that carries a range of punishment of a minimum five , up to a maximum ninety

-nine years or life in the Texas Department of Criminal Justice Institutional Division , and a possible fine of up to $ 10 , 000 . Do you understand that range ?

THE DEFENDANT : Yes . Yes , Your Honor . THE COURT : Okay . You have the right to remain silent , the right to request a jury trial , to confront your accusers in open court , and have Mr . Gonzales cross-examine them . You have many other rights contained in this document called Court ' s admonishments . Did you go over this carefully with Mr . Gonzales ?

THE DEFENDANT : Yes , I did . THE COURT : Did you understand it ? THE DEFENDANT : Yes . THE COURT : Is this your signature on page 3 ? THE DEFENDANT : Yes .1

2 3 4 5 6 7 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 4

THE COURT : Did you know when you signed this document , you gave up the rights contained in it ?

THE DEFENDANT : Yes . THE COURT : I ' ll accept the document and make it part of the record .

Now, Mr . Lares , if you and Mr . Gonzales have a plea bargain agreement worked out with the State I ' m not required to go along with it . What I ' m going to do after we ' re done here is have you report to the Community Supervision and Corrections Department , which used to be called the Probation Department , so they can prepare a report for me . The report is called the presentence investigation report , which tells me all about you , your background, this case and other things that help

me to decide if I ' m going follow the agreement .

THE DEFENDANT : Yes , Your Honor . THE COURT : Now, if I follow the agreement you cannot appeal the case unless I give you permission to do that

or unless Mr . Gonzales has filed written pretrial motions with the Court and have them ruled upon . If I decide for some reason that I ' m not going follow this agreement you can take back your plea , the case will get placed back on the trial docket and the plea that you ' re about to enter can never be used against you in the future . Do you understand all that ?

THE DEFENDANT : (Nodded head affirmatively) . Yes , ma ' am .1

2 3 4 5 6 7 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 5

THE COURT : What ' s the agreement ? MS . CARRION : Judge , in this case it ' s a $ 15 00 fine , 35 years , TDC ; the State is opposed to his application and that is a cap , also .

THE COURT : Mr . Gonzales , is that your understanding of the agreement ?

MR . GONZALES : It is , Your Honor . THE COURT : Is that your understanding, too , Mr . Lares ? THE DEFENDANT : Yes .

THE COURT : This may or may not apply to you , sir . If you ' re not an American citizen a plea of guilty or no contest

can have a very serious effects on your immigration status . Do you understand that ?

THE DEFENDANT : Yes . THE COURT : Okay . Mr . Gonzales , has Mr . Lares been able to consult with you and assist you in his defense ?

MR . GONZALES : Yes , Your Honor , and I feel compelled to add on the record there have been some issues about my client ' s competency . He has had now two competency evaluations . I am confident that my client would have been fit to proceed to trial . I am confident that he understands the proceedings up to now and he has assisted me in the past in preparing any defenses for him .

THE COURT : And that he ' s mentally competent to1

2 3 4 5 6 7 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 6

enter this plea today?

MR . GONZALES : Yes , Your Honor . THE COURT : Okay . Mr . Lares , to the offense of aggravated sexual assault of a child, how do you plead, sir?

THE DEFENDANT : No contest . THE COURT : Were you promised anything that we haven ' t talked about today in order to get you to do this ?

THE DEFENDANT : No , no , Your Honor . THE COURT : Were you threatened or coerced? THE DEFENDANT : To do

-- THE COURT : To enter this plea? THE DEFENDANT : No , Your Honor . THE COURT : Are you entering this plea because you ' ve talked it over with Mr . Gonzales and you think this is the best thing for you to do ?

THE DEFENDANT : Yes , Your Honor . THE COURT : Okay . I ' ll note the plea and ask the State for proof .

MS . CARRION : Offer State ' s Exhibit Number 1 and its attachments .

MR . GONZALES : We have no objection . THE COURT : Okay . Received . Okay . I ' m going to find that the evidence is sufficient , and I won ' t make any other findings at this time .

THE CLERK : Right now we have July 15th at 1 : 30 ,1

2 3 4 5 6 7 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 7

but I think we ' re going change that date , Judge .

MR . GONZALES : Judge , I would like to hire a psychologist , and, also , he tells me that he needs thirty days to six weeks ' preparation time , so if we could have some time , maybe early to mid August ?

THE COURT : How about if we do August 10th? MR . GONZALES : I think that will work . THE COURT : Okay . So I will see you back in court

on August 10th at 1 : 30 , Mr . Lares .

THE DEFENDANT : Thank you , Your Honor . THE COURT : You , too , sir . (End of proceedings . )

* * * * * * * * * * * * * * *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