Judge West SNAPS: Repeat Offender Sentenced To PRISON After 30+ Arrests & Meth Addiction

to second-degree felony offenses with caps of 10 years in each of those cases to run concurrently as the agreement. Is that correct? Yes, sir. I've received the pre-sentence report as well as an update report that just has some more specific information from criminal history from Spokane, Washington. Did everyone get that? Yes, sir. Yes, they did. Are there any additions or corrections to the pre-sentence report? Not that we know of, sir. All right, Mr. Kimler, you may proceed. The PSR reflects extensive criminal history on Mr. Marvolus and the fact that the court could have charged him with the fact that he missed the mayor. The fact these can be enhanced into second degrees which implies that he does have an extensive history. The facts of these two cases are both as the defendant indicated in the pre-sentence report. He was already influenced of methamphetamine at the time both were committed. It's not offered as any type of mitigating or exculpatory reason. Evidence for even class mitigation but it does kind of explain why somebody with this criminal history would be doing what he's done with a laundry basket and it's some items from Walmart all of which were under I think probably the class B range of of the theft. I would observe that there is three appears to be $300 in restitution payable on one of the cases for the laundry basket. Um Obviously methamphetamine drug addiction but for that I think Mr. Marvolus wouldn't been doing these types of boneheaded thefts. He's [clears throat] recognized that and counseling with him he's got at least what I asked him to recommend suggestion that he do and that's to go into an inpatient rehabilitation program drug rehab program to try to address the substance abuse issues that he's suffered from from early and early age which is indicated in the pre-sentence report. [clears throat] This has been a ongoing thing almost his whole life. and I think he's done that and I think that he's he's um I think he's say terrified of going to prison but certainly doesn't want to go to prison and I think he's willing to do what he needs to do to to stay out of prison, to comply with any terms of probation, to assess his He indicates to me that he is drug free which obviously if he drug tested him this morning that would be corroborated or not if he's not drug free he's smoking I don't know but I assume that would hope that he would and he would just like to address the court personally than I would take it and he can explain his position why he thinks the probation is appropriate. Are you um Are you wearing a drug patch? No ma'am you're not but I thank you so much for your honesty. Have a seat in the jury box let's get that checked out first. Okay so the test was negative Mr. Abarca you wanted to say something sir? You can address the court. >> Yes sir I I'm just y'all are putting probably not all the drugs in my whole life. Um I want to treat me. I wish you would have known when this case came about you know everything my whole life 50 children you know don't want and then I'm so anyway so I've been clean so slowly I don't know and everything I like it so I belong and I got a sponsor today we're working steps I'm just starting step four. Before I found that I found a purpose in my life and I think it will on probation and I Hopefully one day I say somebody else comes another day you know what I did. Which is probably addiction. Not ups. That's all about. Thank you, sir. Mr. Foreman. >> Just have to be brief. I think the PSI has the sports office for his criminal history. I would like to add I have judgments here. I've made them available to Mr. Cameron for additional convictions that were either not included in the PSI or they could not confirm those. And for the record, judge, I am speaking of a 2013 aggravated assault out of St. Charles, Louisiana, where it was the defendant received a 6-month probation. Also, a 2008 possession of a controlled substance case out of King County in which the defendant was revoked to 20 months. And a 2013 fleeing or attempting to elude out of King County for which the defendant received 5 days. I think that one is actually reflected in the PSI. Okay. The 5-day one. Yes. Uh and also, judge, I have judgments out of uh Spokane, Washington for one, two, three thefts. Uh if one from 2011, two of them it looks like it was a concurrent uh 1-year probation in 2008. And also, a 2008 assault uh out of Spokane, Washington in which the defendant received 338 days. Uh and I've marked them on the I'm happy to also look. The drug addiction. I'll I don't know that I need them. I've made the notes and we'll take that into consideration as well. >> I have. I think the the defendant gave his criminal history and it's it's a risk of sounding callous to I get it. People are going through drug addiction all the time. But at a certain point, judge, there comes a point where the consideration needs to be protective of the public. Uh this defendant's been uh having contact with law enforcement since 1988. Uh and he has spent at least three different states with his criminal behavior. Judge, he's fortunate to have a capital 10. He's He's exposed to 20 years. Judge, I'm asking the court to to sentence him to the 10 years. >> [snorts] >> 4 years. Give me longer. I'm sorry. Texas is losing it. You'll be all right. Yeah, that's the worst. Very sorry. I'm sorry. Arkansas Tennessee, preferably. Alabama >> [clears throat] >> I [clears throat] guess my biggest issue, uh, Mr. Rebarbo, is well, I'm not one of the biggest issues is I I appreciate and um, I'm glad that you have done what you've done over the last few months. I think you probably started off doing that for the wrong reason, and that's because you got caught again, and you're looking at 20 years in prison. Uh, it sounds like maybe you're doing better, and that's great. I just wonder why 18 it's taken so long. It looks like you went to the Unity House back in 1986, and other than that it's just at some point you've got to take responsibility before you commit an offense, not after. I've counted 24 misdemeanors. I think with some of the ones that Mr. Coleman has said there's probably actually more than that. Some There were some records that couldn't be found from different states. They're probably looking at more like 30. Um seven felony convictions. You've been to prison. You've It's just It's just too much. Um and at some point there has to be an end to what you're doing and get that help before you continue what you're doing. I'm going to find in each of your cases that you entered your pleas of guilty freely and voluntarily. In cause number 24 DCCR 1722, find sufficient evidence to find you guilty and at this time find you guilty of theft. Find your prior enhancement convictions true. Sentence you to a term of 7 years in the Institutional Division of the Texas Department of Corrections. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. Cause number 24 DCCR 2289 also find sufficient evidence to find you guilty and at this time find you guilty of theft and find those prior enhancements true. Sentence you to a term of 7 years in the Institutional Division of the Texas Department of Corrections. You will also receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. Um these will run concurrently, which means together at the same time. I've handed you the trial court certification in each of those cases that shows that these were agreements that I've followed and so you waived your right to appeal. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition because of the judgments entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term. You should read the written admonishment I provided you to see what devices