throbber
THE STATE 0F TEXAS
`vs
`VICTOR M. RODELO
`AGENCY CASE N0. {6426
`
`_
`
`|
`
`I
`
`CASE NUMBER CR-2290-16-C
`
`*
`*
`
`>2
`
`IN THE 139T" DISTRICT COURT
`0F
`HIDALGO C0UN1
`H EC CLOCK
`AT____
`MAY 07 2018
`
`M
`
`substance plant 0r property, and the Court having considered the same, is of the opinion that said '
`and it is hereby GRANTED.
`It is therefore ORbERED by this Court that the controlled substance plant 0r property described in
`State's Exhibit "A"
`
`tion bc
`
`i
`
`I.
`
`2.
`
`[
`
`] Bc returned to its rightful owner.
`[X] Be destroyed by the law enforcement agency holding such property according t0 the agency's
`rules and procedures and State law.
`
`3.
`
`[
`
`] Be forfeited t0 the State of Texas for use by the law enforcement agency holding such property.
`It Is further ORDERED by this court that a statement containing the names 0f the persons who
`witnessed the destruction as w ell as the details of the destruction be prepared and submitted to this Court.
`
`l
`
`Signed this
`
`JUDGE PIiE DING
`139‘“ DIST CT COURT
`HIDALGO COUNTY, TEXAS
`
`

`

`THE STATE 0F TEXAS
`vs
`VICTOR M. RODELO
`AGENCY CASE N0. 1:6-126
`
`CASE NUMBER CR—2290-16-C
`w
`*
`*
`
`1N THE 139"“ DISTRICT COURT
`0F
`HIDALGO COUNTY, TEXAS
`
`g
`
`STATEMENT 0F DESTRUCTION 0F
`CONTROLLED SUBSTANCE PLANT 0R PROPERTY
`TO THE HONORABLE JUDGE 0F THIS COURT:
`I, Jorge A. Salazar, a pcacc officer employed by the Hidalgo County Constable Precinct 1, make
`known t0 this Honorable;Court that the controlled substance plant 0r property forfeited to the State in the
`
`above numbered and styled cause was destroyed 0n the _ day 0f March, 20 l_, at_:_ o'clock _.m.,
`
`in thc City 0f
`
`3
`
`, Hidalgo County, Texas, in thc following manner:
`
`and such destruction was witnessed by Jorge A. Salamr and
`
`Jorge A. Salamr
`Printed Name 0f Officer
`
`Signature 0f Officer
`
`Subscribed and svivom t0 before me 0n this the
`
`day 0f
`
`, 2018.
`
`Notary Public
`Commission expires:
`
`

`

`Case No. CR—2290—16-C (COUNT ONE)
`TRN 9220525755 A001
`
`§ 1N Tm: 139TH DISTRICT COURT
`§ 0F
`§ HIDALGO COUNTY, TEXAS
`
`~
`
`I
`
`i
`
`'mE STATE 0F TEXAS
`v.
`VICTOR CARILLO RODELO,
`DEFENDANT
`SID:TX-1 6230568
`JUDGMENT OF CONVICTION BY COURT
`& SENTENCE TO THE INSTITUTIONAL DIVISION
`OF THETEXAS DEPARI MENI OF CRIMINAL JUSTICE
`J.R.B0e€+Y:QFTg€g—S [fife ML
`DATE OF JUDGMEN'I‘:
`JUDGE PRESIDING:
`COURT REPORTER:
`ATTORNEY FOR THE STATE:
`ATTORNEY FOR THE DEFENDANT:
`OFFENSE CODE:
`OFFENSE:
`DATE OF OFFENSE:
`DEGREE OR OFFENSE:
`STATUTE FOR OFFENSE:
`APPLICABLE PUNISHMENT RANGE:
`(Includingcnhancemcnts if any)?
`CHARGING INSTRUMENT:
`PLEA TO OFFENSE:
`TERMS OF PLEA AGREEMENT OR
`FINDINGS OF THE COURT, TO WIT.
`PUNISHMENT IMPOSED:
`PLACE OF IMPRISONMENT:
`
`JESSE SALAZAR
`BEN ABILA
`JUAN SONNY PALACIOS
`35620012
`Poss MARJJ >50LBS<=2,000LBS, As
`CHARGED IN THE INDICTMENT
`MAY 13, 2016
`FELONY 2ND DEGREE
`481.121(B)(5)
`2.20 YEARS 1N PRISON/MAX 310,000
`FINE
`INDICTMENT or INFORMATION
`GUILTY
`
`FIVE (5) YEARS IMPRISONMENT
`INSTITUTIONAL DIVISION 0F THE
`TEXAS DEPARTMENT 0F CRIMINAL
`JUSTICE
`NONE
`FINE:
`NONE
`RESTITUTION:
`125 DAYS
`QREDIT FOR TIME SPENT 1N JAIL:
`NONE
`DISMISS:
`NONE
`CONSIDER:
`NONE
`PLEA TO ENHANCEMENT
`PARAQEAPPHS):
`NONE
`FINDING TO ENHANCEMENT:
`NONE
`FINDING ON DEADLY WEAPON:
`oO
`332‘?
`COURT COS T:S
`DATE SENTENCE IMPOSFD:
`SEPTEIWBER 19, 2016
`On AUGUST 25, 2016, the above numbered and entitled cause was regularly reached
`and called for trial, and the State appeared by BEN ABILA, and the Defendant and the
`Defendant’s attorney, JUAN SONNY PALACIOS, were also present. Thereupon both sides
`
`I
`
`'
`
`i
`
`

`

`Case N0. CR—2290-16—C (COUNT ONE)
`TRN 9220525755 A001
`
`§ IN THE 139TH DISTRICT COURT
`§ 0F
`§ HIDALGO COUNTY, TEXAS
`
`860mm H+91m
`
`i
`
`‘
`
`THE STATE OF TEXAS
`V.
`VICTOR CARILLO RODELO,
`DEFENDANT
`SlD:TX-l6230568
`
`i
`
`I
`
`I
`
`'
`
`I
`
`;
`
`JUDGMENT OF CONVICTION BY COURT
`& SENTENCE T0 THE INSTITUTIONAL DIVISION
`OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
`DATE OF JUDGMENT:
`JUDGE PRESIDING:
`COURT REPORTER:
`ATTORNEY FOR THE STATE:
`A'ITORNBX 112R THE DEFENDANT:
`OFFENSE CODE:
`OFFEN_S_E;
`DATE OF OFFENSE:
`DEGREE OR OFFENSE:
`flATU'IjE FOR OFFENSE:
`APPLICABLE PUNISHMENT RANGE:
`(Including enhancements if any):
`CHARGING INSTRUMENT:
`PLEA TO OFFENSE:
`TERMS OF PLEA AGREEMENT OR
`FINDINGS OF THE COUR'IX TO WIT,
`PUNISHMENT IMPOSED:
`PLACE 0F IMPRISONMENT:
`
`J.R. BOBBY FLORES
`JESSE SALAZAR
`BEN ABILA
`JUAN SONNY PALACIOS
`35620012
`Poss MARIJ >50LBs<=2,oooLBs, As
`CHARGED IN THE INDICTMENT
`MAY 18, 2016
`FELONY 2ND DEGREE
`431.121(B)(5)
`220 YEARS 1N PRISON/MAX $10,000
`FINE
`INDICTMENT or INFORMATION
`GUILTY
`
`FIVE (5) YEARS IMPRISONMENT
`INSTITUTIONAL DIVISION 0F THE
`TEXAS DEPARTMENT 0F CRIMINAL
`JUSTICE
`NONE
`NONE
`125 DAYS
`NONE
`NONE
`NONE
`NONE
`NONE
`s aSEPTEMBER 19, 2016
`
`.oO
`
`FINE:
`RESTITUTION:
`CREDIT FOR TIME SPEN I IN JAIL:
`DISMI§Sz
`COESIDER:
`PLEA TQENHANCEMENT
`PARAGRAPH S 1:
`FINDING TO ENHANCEMENT:
`FINDING ON DEADLY WEAPON:
`COURT COSTS:
`DATE SENTENCE IMPOSED:
`On AUIGUST 25, 2016, the above numbered and entitled cause was regularly reached
`and called fori trial, and the State appeared by BEN ABILA, and the Defendant and the
`Defendant’s aqomey, JUAN SONNY PALACIOS , were also present. Thcrcupon both sides
`
`i
`
`:
`
`|
`
`

`

`announced ready for trial, and the Defendant, Defendant's attorney, and the State’s attorney
`agreed in Open court and in writing to waive ajury in the trial of this cause and to submit it to
`the Court. The Court consented to the waiver of a jury. The Defendant fiuther waived the
`reading of the mdictmeut or information, and, upon being asked by the Court as to how the
`entered a plea of GUILTY to the offense of POSS MARIJ
`Defendant ple'aded,
`>50LBS<=2,000LBS, AS CHARGED IN THE INDICTMENT, FELONY 2ND DEGREE.
`Furthermore, as to the enhancement paragraphs, if any, thc Defendant entered a plea ofNONE.
`'I'hereupon, the Court admonished the Defendant Ofthe range ofpunishment attached to
`the ofi‘ense, that any recommendation of the State is not binding on the Court, that the
`existence of a .pIea bargain limits the right of an appeal to only pre-trial matters raised and
`preserved, and ithat if the Defendant is not a citizen of the United States of America, a plea of
`guilty or no coptest may result in deportation under'federal law; it appeared to the Court that
`the Defendant was competent to stand trial and was not influenced in making said plea(s) by
`any consideration of fear or by any persuasion prompting a confession of guilt; and that the
`Defendant understood the admonitions of the Conn and was aware of the consequences of the
`pIea(s); and the Court received the free and voluntary pIea(s_), which are now entered ofrecord
`in the minutes 9f the Court.
`The Court then proceeded to hear evidence fiom the State and the Defendant and,
`having heard argument of counsel, found there was sufficient evidence to support the
`Defendant’s plea and found the Defendant guilty of the offense of POSS MARIJ
`>50LBS<=2,000LBS, AS CHARGED IN THE INDICTMENT, ,FELONY 2ND DEGREE,
`committed on MAY 18, 2016, and made a finding ofNONE on the enhancement paragraph(s),
`if any. The Court then assessed punishment at FIVE (5) YEARS in the INSTITUTIONAL
`DIVISION 0F THE TEXAS DEPARTNENT 0F CRIMINAL JUSTICE and a Fine of
`NONE.
`A pre-sentence investigation report WAS DONE according to Article 42.12, Sec. 9,
`
`CCP.
`
`'
`
`And thereupon on SEPTEMBER 19, 2016, the Court then asked the Defendant
`whether the Defendant had anything to say why the sentence should not be pronounced upon
`Defendant, and the Defendant having answered nothing in bar thereof, the Court proceeded to
`pronounce sentence upon Defendant.
`It is therefore ORDERED, ADJUDGED and DECREED by the Court that the
`Defendant ts guilty of the ofi'ense of POSS MARIJ >50LBS<=2,000LBS, AS CHARGED
`IN THE INDICTMENT, FELONY 2ND DEGREE, committed on MAY 18, 2016, that the
`punishrnent is :fixed at FIVE (5) YEARS in the INSTITUTIONAL DIVISION 0F THE
`TEXAS DEPARTMENT 0F CRIMINAL JUSTICE, and a Fine of NONE; and that the
`State of Texas do have and recover of the Defendant all court costs in this prosecution
`expended, for which execution will i'ssue.
`It is further ORDERED by the Court that the Defendant be taken by the authorized
`agent ofthe State of Texas or by the Sheriff ofHidalgo County, iexas, and be safeiy conveyed
`and delivered to the Director of the Institutional Division of the Texas DeparmIent of Criminal
`Justice there to be confined m the manner and for the period aforesaid, and the Defendant 13
`hereby remanded to the custody of the Sherifi‘ of Hidaigo County, Texas, until such time as the
`Sheriff can obey the directions of this sentence.
`
`

`

`Furthermore, the following special findings or orders apply:
`The Co'lurt finds that THERE IS NOT a plea bargain agreement between the State and
`the Defendant. I
`The Ctlmrt, upon the State’s motion, DISMISSED the following count, case or
`complaint: NONE.
`The Court, upon the Defendant’s request and the State’s consent, CONSIDERED as an
`admitted unadjudicated ofl‘ense the following count, case or complaint: NONE.
`The Cotn't finds that the sentence imposed or suspended shall run concurrent unless
`otherwise specit'iled.
`The Cofurt finds that the Defendant shall be credited with 125 DAYS on his sentence
`for time spent injail in this cause.
`113608511“ finds the Defendant owes NONE for the Fine, $500.00 attorney fees,
`$ a Zfl
`in court costs. The Defendant shall make restitution, if any, within five
`(5) years afier the end of the term ofimprisonment imposed.
`Signed Lntheflday of gelflf'w _, 2 -19 ..
`
`|
`
`.
`
`I
`
`J?Edge Presidifig L
`Receipt is hereby acknowledged on the date shown abo
`o one copy o this Judgment
`
`/<
`
`Community Supervision—Qfficer
`
`l
`
`vx: flaws:
`
`Defendant
`
`'
`
`JM
`Defendant’s right thumbprint
`
`I
`
`_
`
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`
`\.
`
`‘
`
`u.
`
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`
`-
`
`._
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`

`

`_
`
`!
`
`i
`
`g
`
`I
`
`THE STATE 0F TEXAS
`v.
`VICTORCARILLO RODELO,
`DEFENDANT
`SID:TX-l6230568_
`JUDGMENT OF CONVICTION BY COURT
`& SENTENCE T0 THE INSTITUTIONAL DIVISION
`I OF THE TEXAS DEPARTMENT 0F CRIMINAL JUSTICE
`DATE 0F JUDGMENT:
`JUDGE pggsmING;
`ATTORNEY FOR THE STATE:
`ATTORNEY FOR THE DEFENDANT:
`OFFENSE CODE:
`OFFENSE:
`DATE OF OFFENSE:
`DEGREE OR OFFENSE:
`STATUTE FOR OFFENSE:
`APPLICABLE PUNISHMENT RANGE:
`(Including enhancements ifany):
`PLEA TO OFFENSE:
`TERMS OF PLEA AGREEMENT OR
`FINDINGS OF THE COUR 1', TO WIT,
`' PUNISHMENT M§2§ED:
`PLACE 0F IMPRISONMENT:
`
`J.R. BOBBY FLORES
`BEN ABILA
`JUAN SONNY PALACIos
`48010020
`EVADING ARREST DET WIVEH, As
`CHARGED IN THE INDICTMENT
`MAY 18, 2016
`FELONY 3RD DEGREE
`38.04(B)(2)(A)
`2-10 YEARS 1N PRISON/MAX $10,000
`FINE
`INDICTMENT or INFORMATION
`GUILTY
`
`Case No. CR-2290-16-C (COUNT TWO)
`TRN 9220525755 A002
`§ mum 139THDISTRICT COURT
`§ 0F
`§ mDALGO COUNTy, TEXAS
`
`Mam 1% ante
`
`’
`

`
`!
`
`FIVE (5) YEARS IMPRISONMENT
`INSTITUTIONAL DIVISION 0F THE
`TEXAS DEPARTMENT 0F CRIMINAL
`JUSTICE
`NONE
`t_lNE.
`NONE
`RBsmUTION-
`CRBDrr FOR TIME SPENT IN JAIL.
`125 DAYS
`NONE
`D_ISM1ss.
`NONE
`CONSIDER.
`NONE
`PLEA To ENHANCEMENT
`PARAGRAPH s .
`NONE
`FINDING To ENHANCEMENT.
`NONE
`FINDING 0N DEADLY WEAPON.
`NONESEPTEWER l9, 2016
`COURT cosrrs.
`DATE SENTENCE IMPOSED.
`On AUGUST 25, 2016, the above numbered and entitled cause was regularly reached
`and called .for uiaI, and' the State appeared by BEN ABILA and the Defendant and the
`Defendant’s attorney, JUAN SONNY PALACIOS, were also present. Thereupon both sides
`announced ready for trial, and the Defendant, Defendant's attorney, and the Statc’s attomcy
`
`

`

`agrccd in Open court and in wn'tjng to waive a jury in the trial of this cause and Io submit it t0
`the Court. The Court consented to the waiver of a jury. The Defendant finiher waived the
`reading of the indichent 0r information, and, upon being asked by the Court as to how the
`Defendant pleaded, entered a plea of GUILTY to the offense of EVADING ARREST DET
`W/VEH, AS CHARGED IN THE INDICTMENT, FELONY 3RD DEGREE.
`Furthermore, as to the enhancement paragraphs, ifany, the Defendant entered a plea ofNONE.
`Thcreupon, the Court admonished the Defendant of the range of punishment attached to
`the ofi‘ense, that any recommendation of the State is not binding on the Court, that the
`existence of a plea bargain limits the right 0f an appeal 10 only pre-tria] matters raised and
`preserved, and that if the Defendant is not a citizen of the United States 0f America, a plea of
`guilty 0r no contest may result in deportation under federal law; it appeared to the Comt that
`the Defendant was competent to stand trial and was not influenced in making said p1ea(s) by
`any consideration of fear 0r by any persuasion prompting a confession of guilt; and that the
`Defendant understood the admonitions of the Court and was aware of the consequences 0f the
`plea(s); and the Court received the frcc and voluntary plca(s), which are now entered 0f record
`in the minutes efthe Court.
`The Court then proceeded to hear evidence from the State and the Defendant and,
`having heaId argument of counsel, found thcrc was sufficient evidence to support the
`Defendant’s plea and found the Defendant guilty of the offense of EVADING ARREST DE’I‘
`W/VEH, AS CHARGED 1N THE INDICTMENT, FELONY 3RD DEGREE, committed
`0n MAY 18, 2016, and made a finding 0f NONE on the enhancement paragraph(s), if any.
`The Court then assessed punishment at FIVE (5) YEARS in the INSTITUTIONAL
`DIVISION OF THE TEXAS DEPARTMENT 0F CRIMINAL JUSTICE and a Fine 0f
`NONE.
`A pre-sentencc investigatiou report WAS DONE according to Article 42.12, Sec. 9,
`
`CCP.
`
`It
`
`And thereupon on SEPTEMBER l9, 2016, the Court then asked the Defendant
`whether the Defendant had anything to say why the sentence should not be pronounced upon
`Defendant, and the Defendant having answered nothing in bar thereof, the Court proceeded to
`pronounce sentence upon Defendant.
`is therefore ORDERED, ADJUDGED and DECREED by the Court that the
`Defendant is guilty of the offense of EVADTNG ARREST DET W/VEH, AS CHARGED
`IN THE [NDICTMEN’L FELONY 3RD DEGREE, committed on MAY 18, 2016; that the
`punishment is fixed at FIVE (5) YEARS in the INSTITUTIONAL DIVISION OF THE
`TEXAS DEPARTMENT 0F CRIMINAL JUSTICE, and a Fine of NONE; and that the
`State of Texas do have and recover of the Defendant all court costs in this prosecution
`expended, for which execution will issue.
`It is funher ORDERED by the Court that the Defendant be taken by the authorized
`agent of the State ofTexas or by the Sheriff of Hidalgo County, Texas, and be safely conveyed
`and delivered to the Director of the Institutional Division of the Texas Department 0f Criminal
`Justice there to' be confined tn the manner and for the period aforesaid, and the Defendant ts
`hereby remanded to the custody of the Sheriff 0f I-Iidalgo County, Texas, until such time as the
`Sherifican obey the directions of this sentence.
`
`

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