Se* Offender Walked In Smiling — Judge Boyd ENDED IT with Maximum Prison]

because someone is selling their body for a dollar. And then to chalk it up, not only is that is that you didn't use any type of protection, which means she could have some sort of disease or >> welcome to the court of justice. >> Court is calling 2020 CR3429, State of Texas versus Victor Gelman. Could I have parties announce for the record for the state? >> Stacy Harrington for the defense for Mr. Gman. And are you Mr. Gellman? >> Yes. >> All right. Mr. Gellman, you entered a plea of no contest on August 30th and you applied for deferred adjudication. According to the plea bargain agreement, um punishments be assessed at 6 years in the prison. There's a $2,000 fine. State is silent on your application. There should be chapter 62 registration and no contact with the complainant. Have both parties had a chance to review the PSI report? >> Yes, your honor. >> Yes, your honor. Uh, any objections to the PSI report state? >> No, your honor. >> Defense? >> No, your honor. >> All right. Uh, defense, do you have any witnesses? >> May we proceed, your honor? >> Yes. >> Thank you. Uh, Mr. Gilman, going forward. >> Did you want to call him as a witness or no? >> Yes. >> All right. Could you raise your right hand for me, Mr. Gilman? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth? So, help you God. >> Yes, God. >> All right. You can lower your hand. State your name for the record. >> Mr. Gilman. >> Mr. Gilman, you've had an opportunity to go over what I'm holding in my hand. You're you're reviewing and have reviewed before we came up here that early both the tap evaluation. I'm holding it in my right hand and the PSI in my left hand. Correct? >> Yes. >> Do you remember when we were talking a few minutes ago, you had told me and I was a little unclear, but maybe we can make it clear at this point. uh you were referring to the tap and you wanted to make a correction and there was some type of clarification I believe that you wanted to point out. Is that correct? >> Um did I understand you correctly? Uh under the substance abuse history question >> I can't we can't hear you. >> Make sure you speak up. >> I just couldn't remember what the question was. >> Okay. the question that you were asked by the TAP evaluator. >> Yes. >> And they were as I mentioned to you that this was a self-reporting substance abuse history like the the heading says. They're asking you about your personal use of of any type of drugs, alcohol. Correct. >> Yes. >> I understood you to say there was something you wanted to correct. Did I misunderstand you? >> No. >> Is everything okay on this? Okay, that's fine. Thank you, >> Mr. Gentlemen, if you were uh I see that your permanent address lists you in Lebanon, Ohio. Uh can you tell the court your um you have any current address? Where in other words, if you're on probation, where would you be living? >> Uh 1912 Salado Canyon. >> Salado Canyon. Is that here in San Antonio, Texas? >> And who would that be with? >> Parents. >> Your parents are here. Okay. And are there any uh anyone under age at that address? No. Just just you and your parents would be there. >> Yes. >> Okay. Do you have brothers and sisters here in San Antonio as well? >> How long have your parents been here in here in San Antonio? >> Five years. >> Five years. Okay. Uh so you're Lebanon, Ohio address was your your previous address is all this means when you're when you asked that question about your permanent address. Right. Right. >> And the current address of course listed in the Bear County Jail, but I wanted to clear up that you did have a local address. Correct. >> Yes. >> Mr. Gillan, were you working when you were arrested on this case? >> Uh, yes. >> What were you doing? >> Um, food delivery. >> Uh, well, okay. Uh, how tell me a little bit about that. Was it from a restaurant, grocery store? >> No, independent food delivery. >> Independent food delivery. Was it from a company? And if so, what was >> Uber Eats? >> Uber Eats. So, did you drive a vehicle to to make those deliveries? Your own vehicle? How did that work? >> Okay. So, you would people would order food, Uber Eats would pick it up, and you would take it all, right? Was that a steady job? >> Yes. >> How many hours a week do you think you worked? Just roughly 50 hours a week. Was it a pretty decent paying job? >> Yes. Okay. Um, now you realize from reading the the tapper evaluation and the PSI that there's a number of things in here with regarding the issues in the case and you read all that and you you accept everything that's in here. Correct. >> Yes. >> So, Mr. Gilman, uh it looks like we have a case in terms of priors that is a little bit puzzling and I think it was at the time. Maybe you can help us understand it a little bit better. When we get to your criminal history, it talks about it looks like one case. It might have been a drug case for 160 days. Am I reading that correctly? >> Yes. >> Could you enlighten the court a little bit? Is that a misdemeanor or a felony case up in Ohio? Did you did 160 days on it? >> It was actually Illinois. >> Illinois. >> Yes, I believe it was a felony case. >> Okay. You believe it was a felony? Um, it's talking about cannabis. That's why I was asking. So, I was a little confused, but it does list a manufacturing delivery and the amount looks like it would have been more than a misdemeanor, but I wanted to ask for sure. So, you got you got 24 months probation, 180 days in jail. This is 10 years ago, right? >> Yes. >> Back in 2011. What is >> 10 years? >> Okay. So, uh on the notation pro terminated, I assume that's probation terminated August 2011. Um, does it help to refresh the memory by does that make sense to you that date in in that in that charge? Yeah. The only one that that appears to be here out of state, you know, when it says terminated, it says 24 months probe, which is probation starting in August 2009 and then the probation is terminated 2011. Does that mean it was pro that does that mean it was pro uh terminated successfully or does 180 days jail mean that's how it ended with a bad end of your probations? Can you tell the court about that? >> Um no ended the probation successfully. >> Okay. So the 160 days jail was maybe time you did before you got the court or how does that explain? >> Before I received probation. >> Okay. Okay. Because it does say exactly two years later 24 months probation terminated. So, I'm assuming that means it was terminated successfully, right? Not revoked. >> Yes. >> Do you understand what I mean by that? Okay. Now, locally here, uh, you have a misdemeanor 2019. And, uh, you you didn't have any probation. You got two days jail. Looks like it was somewhat right before CO. I'm pointing pointing with my finger here. 2019. Okay. So, that's the only case you've had. No other cases in the state or locality. Okay. Mr. Gilman, do you want to be on probation? >> Yes. you make a comment in here that something about u um you think you'll be really good on probation. I think it's the last page. Maybe they're asking you a question and see if I can find it. Do you remember what you told him? >> You remember what you told him? >> Can you tell the judge? It says here, I feel I will accomplish everything that is needed. >> Yes. >> And it's in quotes. tell the judge how what that means to you, if you wouldn't mind telling us that. >> Um, anything needed to uh finish probation successfully, your honor, I feel like I'd be able to accomplish it. >> Are you are you are you a great believer in being able to do that? You think you can do it? You've done it once before. that's happened. >> Is there anything that you'd like to tell the judge with regard to her decision that you think she needs to know that we haven't brought to her about why you need to be on probation and how much you want to be on probation? >> Okay. But sincerely, when I talk about >> All right. So, here's the thing. Um, Mr. Gman, you're going to have to stop mumbling because the court reporter cannot hear you. Okay. >> Okay. >> All right. Defense. >> Sergeant. Um, just to just to conclude how important this is to you. I I know you've told me it is. You and I you've opened up with me actually a lot better than you have with the judge. And I'm I'm attributing that to you being a little nervous and concerned. Is that is that a fair statement? >> Yes. Is there anything else that the judge needs to know before she makes your final decision about why you think I've needed to >> in your in your statement where you're you're ready to throw yourself into this and do whatever you need to do exactly the way you did 10 years ago with that drug case. >> Right. >> Thank you, Judge. That's all we have. passing. >> Um, well, we're silent, judge, and the only thing that the state would comment on based on his questioning is it was the state's belief that his parents sold the house on Solado Canyon, moved to Ohio, and he moved with them. And he has asked his parents to come back down here should he be granted probation. And his parents have told him they cannot do that. his mom can come for a few days, but they cannot move back down here for him for while he's on probation. So, I'm not sure if where the information is coming from that the parents still have the house on Celt Canyon. There was a deed transfer through the Bear County Appraisal District showing someone unrelated to them having purchased that home. >> All right. Thank you. All right. >> May I May I conclude with one thing I forgot to mention? Of course, on page four, I know the court has taken careful note of this. >> Yes. >> Uh but there's been no contact made no response on multiple times attempts. >> Yes. All right. This is what the court is going to do. The court is going to deny your application, find you guilty. There's be chapter 62 registration, $2,000 fine, time and money in concurrent, no contact with the Leah Ortiz, credit for any time served, six years in prison. I'm going to show you what's entitled trial court certification or defendants's rights to appeal. Did you review that document with your attorney? Did you understand it and did you sign it? >> Yes, I do. >> All right. Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction. 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 your attorney. Do you understand? >> Yes, sir. >> All right, we can go off the record. Mr. Gellman, here's the thing. And I tell people this all the time because this is what my mom and my grandmother always said to me. You can't build your happiness on somebody else's misery. So, you had someone in a parking lot whose father was selling her for a dollar to provide favors to people. Even if you did not know that person was, you should have still said no because someone is selling their body for a dollar. And then to chalk it up, not only is that is that you didn't use any type of protection, which means she could have some sort of disease or she could have given you some sort of disease and also she could be pregnant. You understand? So, you're going to have to make better choices. And don't ever try to build your happiness or a minute's pleasure of happiness someone else's misery because I'm sure that's very miserable for her. Do you understand? >> Yes, sir. >> All right. Good luck to you. >> And this is an application. Court is calling 2025 CR01157 state versus Liliana Portia. Can I have parties announced for the record for the state? >> No. Ray Lopez for the defense. >> Off the record. Uh, Mr. Bond, I'm requesting that you go to breakout room number one. All right, we're back on the record. Council, you received all discovery. Did you review it with your client? >> Yes, your honor. >> Court will find that the state is in compliance with discovery. Miss Portillo, did you review the application for community supervision with your attorney? Did you understand it? And did you sign it? >> Yes, ma'am. >> Council, did you review the uh true bill of indictment with your client? >> Yes, sir. And Miss Portillio, have you reviewed the indictment and did you understand it? >> Yes. >> Council, do you wave the reading of the indictment? >> We do, honor. >> State, are you proceeding on the indictment as presented? >> Yes. >> Miss Portilla, did you review the document entitled Court Admonishments with your attorney? Did you understand it and sign it in all the appropriate places? You understand your charge of possession of a controlled substance penalty group one less than one gram. That's a state jail felony. Range of punishment is anywhere from 180 days up to two years in the state jail facility and up to a $10,000 fine. 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 does not follow your plea and gives you more than you bargain 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. 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. Did you understand by entering this plea you're giving up those rights? >> Yes, sir. >> And did you intend to give up those rights and enter into a plea in this case? >> Council, 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 and was legally saying at the time of the offense? I do your honor. >> Miss Portillo, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? >> No. >> Has anyone promised you anything other than the plea? >> No. >> Are you satisfied with the way you've been represented? >> Yes. >> Did you understand? If you're not a US citizen by entering into this plea bargain agreement, you will be deported, denied naturalization, and re-entry. Did you understand? >> Yes. >> Court will find that defendant has knowingly and voluntarily waved her right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it? >> According to the plea, punishment is to be assessed at two years in the state jail facility. There's a $1,500 for deferred adjudication. The state recommends community supervision. They're taking in consideration 2025 CR011803. There's to be restitution to the Bear County Lab for testing in 2025 CR011803. Did you understand that to be the plea? >> Yes. >> Defense? >> Yes, your honor. >> State? >> Yes, sir. >> Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Did you sign it in both places? >> Yes, ma'am. >> 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? Have there been any such motions? >> No. Yes. Outside the agreement, the state is requesting that your community supervision be for a term of 3 years. There be a tap evaluation, 120 hours community service restitution, random UAS, MRT and anger management in the DOE course. Did you understand those were recommendations from the state and the court does not have to follow those recommendations? Then to the offenses charge, how do you plead? >> No consequence. >> State any evidence. state evidence exhibit one. >> No objection, general. >> Excuse. >> Thank you. >> Oh, do you have the dismissal? >> Yes, I do. >> I have another one, too. I needed to take it with the court. >> All right. Thank you. >> Thank you. >> Did you review the waivering uh consent to stipulations of testimony and stipulations with your attorney? Did you understand it? And did you sign it in all the appropriate places? 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? Did you understand that today the state will be pres presenting evidence in the form of witnesses statements and police reports, but most importantly there? Did you understand? >> Yes, sir. Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations except to evidence states exhibits one in attachments and the court will review the same. All right. After reviewing states exhibits one and attachments, the court will find there is sufficient evidence to find you guilty and the court will find you. >> Are you proceeding with sentencing? >> Yes, your honor. >> Anything you wish to say on behalf of your client? >> We just ask that the court follow the movement. All right. So, who is Rodulfo Rivera? >> All right. And who is Cynthia Gutierrez? >> I don't know. Cynthia. >> All right. And Shakira Tiona Patina? >> Oh, that's my best friend. >> Okay. Do you have any children? >> I do. >> And what are their ages? >> 12 and six. >> And do they live with you? >> A six-year-old does. >> All right. And where does the 12-y old live? >> With his dad. >> So, who all lives in your household besides you, the boyfriend, six-year-old? >> My mom and my sister. >> Okay. All right. This is And if you're drug tested today, >> uh, negative. I I do run with Z. >> Okay. All right. This is what the court is going to do. The court is going to sentence you to two years in the state jail facility suspended and probated for 3 years. There's to be CPS compliance. There's to be no unsupervised contact with minors. If you want that to change, counsel or she wants that to change. The CPS worker needs to come in or either the child's at light. There should be regular reporting by Zoom or in person. Regular random UAS Proof of employment within 45 days. There's to be no employment as a home health care provider or with minors. Take consideration 2025 CR011803. There should be restitution for um drug testing and 2025 CR01183. and that's to the Bear County Crime Lab. There's to be a TAP evaluation out of custody, 120 hours community service restitution. Once you complete parenting, that will be deemed satisfied. probation if CPS is uh having her complete that can count towards the parenting classes here and the MRT and field visits one time per month until further notice. Uh probation, is there anything else? >> Is there anything else you need from the court to be successful? >> Nothing. >> All right. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it? Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what that is, you'll need to make sure that you speak to your attorney. Do you understand? >> Yes. >> All right. We can go off the record. So, you have CPS case, right? >> Yes. >> I don't need to tell you. You need to make sure you stay in contact with your attorney over there. You need to make sure that you do everything that's required of you over there because if you don't, that's a violation of your probation here. And if you don't, you could lose custody of your child. You understand? All right. In this court, to be successful, communication is key. If there's an issue, let probation know. If you feel they're not addressing it, you can always come back to me. If you feel that you're going to use, pick up the phone, call your probation officer. You understand? >> Yes. >> All right. Good luck to you. >> Victor Gilman walked into Judge Stephanie Boyd's courtroom believing he had a locked in deal. He had entered a no contest plea, applied for deferred adjudication, and agreed to terms, 6 years of probation, a $2,000 fine, and registration requirements. His own attorney had no objections, but then Judge Boyd started asking about where he would actually live. Gilman claimed he would stay with his parents at their home on Salado Canyon in San Antonio. He said they had lived there for 5 years. He promised to complete probation successfully. He mentioned past legal trouble in Illinois, but insisted that probation ended well. He seemed nervous but hopeful. Then the state spoke and everything changed. The prosecutor revealed that Gilman's parents had sold the Salado Canyon home. A deed transfer showed strangers now own the property. His parents had moved to