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) 335-2446
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

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-10110, 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 $1500

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 to
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

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