Hayden Fontinette, Mr Rojos, it's a sentencing. Good morning. Are you Kay Kaden?
Fontinet. And this is 25 DCCR 1759. Mr Fontineette was previously in court.
Entered a plea of guilty to the firstdegree felony offense of aggravated robbery. It was an unagreed plea. I've received the free sentence report.
Have you both had an opportunity to review that report? We have this judge. Are there any additions or corrections to the report?
Not from the defense. Not from the state judge. And Mr Coleman, you said you have a witness or some evidence.
Actually, Judge, Mr uh Rohouse has graciously um stipulated to the admission of the surveillance video from the convenience store in question. I need to call my custodian record with the court's permission. First of all, I'm offering states one.
No objection. Make that states two because states one was the u the plea admonishment documentation, please. I'm offering states two.
No objection. States two is admitted. Permission to publish.
Yes, sir. Judge, I think that's all I wish to publish unless the court wants to see the entire entirety of the video. I think that's enough.
Any other evidence or witnesses? Oh, judge. Just brief argument if I may.
Any other evidence or um witnesses for um Mr Roas? No, your honor. Just Mr Mr Roas, you may make argument for Thank you, judge.
And obviously, after seeing that video, it makes what we're asking for harder to do. What we're here asking for this morning, judge's probation. Mr finest defend.
He He is a young young offender. I know the court is tired of seeing hearing the same story over and over young guys with with guns in here. He's got a limited criminal history that I believe this is his first felony.
He's never been on any kind of felony supervision or felony probation. Unfortunately, he's just fallen into the same situation that we see so many other useful offenders fall into. He's got no direction in life.
He's very little support at home. Uh sees no way out of the situation that he's in. So he goes and decides to rob some money, rob a store and get some money.
Did the wrong thing. What and if his story in the PSI is to be believable for what I believe is the right reason. He's trying to help his mom out at home trying to pay some bills, keep the lights on.
Certainly there are better ways to go about doing that. Uh and I hope Clinton jail has taught Mr Font that um so he you know we've got options here. just we can send him to prison or we can put him on probation.
Certainly the the he's on the road with if this conduct continues, he's on the road with prison. I don't know that the day is the best time to make that exit for him. You know, he's got a long life to live.
We can send him to prison. He can be there for a few years and come back out. I don't know that he's going to get the help that he really needs in prison.
There are programs available on probation that if he's serious about turning his life around like he says in the PSI, uh those programs can help him. And if he does take advantage of those, it in turn would make the community a little bit safer cuz it' be one less guy could run around with a gun when he does get out of prison if that were the relative that that you chose to save. Plan on living home with his mom.
I think he has some some younger siblings there. To his benefit, he before he was even arrested, he started a GED. I think on the night that this happened, uh he had just finished a GED class and made a dumb decision to go hang out with these guys that he should not have been hanging out with.
and uh did this robbery. Again, judge, you've got two options. You can send him to prison or you can try to get him some help on on probation.
And hopefully he will take advantage of that. And certainly if he doesn't, we're going to know pretty quick and you'll have another chance to uh send him to prison probably for a longer time. All right.
Thank you. What is the status of the other two uh code are there codefendants? Have they been charged?
They have been charged, judge, and I have both of their cases judged and and they have not been um sentenced yet or anything like that. Okay. All right.
Go ahead, Mr Woman. Yeah, I'll be brief. Whether it's it's the Pine Club Apartments or Rogers Park or a Speedy Mart, uh you've seen this and we've seen this in this community all too often.
I'm I'm preaching to the choir judge. Prayer vigils and uh advisory committees, all that stuff's fine, but that you judge where the rubber meets the road. You are you are that person that can protect the community from somebody like this defendant.
You are that person that can uh either let him walk out of this courtroom on probation with a piece of paper with conditions and promises that he won't resort to this kind of violence that you saw on that video. Or you can ensure that the community is safe by putting him behind steel bars, concrete wall, and razor uh uh wire fence. I'm just asking, I'm not in the habit of begging, but on on behalf of this community, I'm begging that you sentence this defendant to to to prison.
The message that needs to be sent to this defendant and his circle of friends and anybody who would want to be like this defendant is that if you pick up a gun with the intent to commit violence, you're going to pick up a 15, 20, 25 year prison sentence judge. Uh, and I'm just asking that you do this on behalf of people who live at the Pine Club Apartments who just want to live in peace. people who want to go take a walk at Rogers Park and not be uh robbed and somebody that wants to stop at a Speedy Mart convenience store and pick up some snacks without becoming a victim of a of a robbery.
That's that's all I have. Judge, thank you, Mr Coleman. So, Mr Fontnet, there was a time some years ago that there really wasn't even a question.
uh everyone states attorneys were recommending youthful offenders, probation, let's give everybody an opportunity. And things have just changed in such an incredibly dangerous way with young people doing what I just saw you do on that screen. Um, I cannot imagine the fear that that person had that was working in that store that he now has just trying to go to work, make a living, and go home.
And he has three people come in and not just grab a little quick something and run out, but terrorize him for quite some time. Pulling him around, yanking him around, putting guns in his face. All three of you.
I also, in addition to the PSI, get jail incident reports. and you apparently like to fight and jump people, which is what's been happening in the jail. So, it makes it very difficult for me to go, "Oh, this is somebody that's going to get out and behave who can follow the rules.
" Because you can't even follow the rules in jail. and the precinence report shows uh that you're a high risk level, which tells me that after they've looked at everything that you don't have, unfortunately, a good likelihood of being successful if I were to put you on probation. And Mr Coleman's right.
We're tired of it and there's got to be something done. So, in cause number 25, DCCR1 1759, I'm going to find that you entered your plea of guilty uh freely and voluntarily. I'm going to find sufficient evidence to find you guilty.
And at this time, I'm going to find you guilty of aggravated robbery. I'm going to sentence you to a term of 25 years in the institutional division. Hey, come on.
I'm going to send you to a term of 25 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. I'm handing you the trial court certification.
This was not an agreement. You have some rights to appeals. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition.
Because of the judgment 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. You can talk to Mr Rohos about any questions you have about that.
I am making an affirmative finding of a deadly weapon. Mr Fontnet, I understand that this is harsh and I know you believe this is harsh, but I think this is necessary. I hope that you go and you make things right.
You can get out of prison. You're still going to be young and you can make your life better. That's going to be up to you.
Okay? You can go back with the baiff.
