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1 Written statements made by a witness to
2 investigators or other officers or police reports made
3 by officers and tendered by the prosecution to the
4 defense for purposes of cross-examination are not part
@) of the evidence unless introduced in evidence. Many
6 times statements and reports may be marked with an
7 exhibit number but are neither offered nor received in
8 evidence. I can send only statements and reports
9 received in evidence to the jury room.
10 You are i_ns"t:_ructed that the -~ta.:t.e_m~n_t~ __Q_t
11 counsel made during the course of the tria± or during ., 12 the argument, if not supported by evidence, or
13 statements of law made by counsel, if not in ha~mony
14 with the law as stated to you by the Court in these
15 instructions, are to be wholly disregarded.
16 You must disregard any comment or
17 statement made by the Court during the trial or in these
18 instructions which may seem to indicate an opinion with
19 respect to any facts, item of evidence or verdict to be
20 reached in this case. No such indication is intended.
21 You are instructed that the grand jury
22 indictment is not evidence of guilt. It is the meaq.s
23 whereby a defendant is brought to trial -in a felony
24 prosecution. It is not evidence, nor can it be
25 cons ide red_ by y_ou in passing upon whether this defendant
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 .. 38
1 Against Mayra Rubio, used or attempted use of force you
2 will find the defendant not guilty of felony assault.
3 I'm making those corrections. Other than those
4 corrections, does the State have any object to the
5 charge?
6 MR. DEMARTINO: No objections, Your Honor.
7 THE COURT: All right. Now, the defense?
8 MR. EASTLAND: Yes, Your Honor. And before we
GY make those formal objections I'd like to make a motion
10 for directed verdict.
11 THE COURT: All right. And based on?
12 MR. EASTLAND: Based on that hardly a scintilla
13 of evidence has been presented to convict Mr. Flores of
14 these three charges.
15 THE COURT: Of each of the charges?
16 MR. EASTLAND: Of each of them.
17 THE COURT: And that will be denied.
18 Now, did you have a request for the
19 charge, and I will note for the ·record that the Court on
20 its own has included, based on the defendant's
21 testimony, unlawful restraint and necessity as a
justification. Other than those additions to the
23 charge, do you have any other request?
24 MR. EASTLAND: We have n6 obje6tion to the
~ unlawful restraint. We are formally objecting to the
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 39
1 necessity instruction. We believe, Your Honor, that the \ 2 evidence shows on its own from -- from the beginning of
3 the transaction. The house, all the way into the
4 actions in the car, the very end where she got out. We
5 believe that a juror -- a rational juror could decide on
6 their own that, okay, maybe there was an abduction, but
7 maybe there was restraint somewhere in there.
8 MR. KAPPMEYER: You're talking about the
CV necessity in the defense of the assault?
10 THE COURT: I'm talking about the fact that I
11 gave you as a justification to any unlawful restraint
12 that the jury might find a justification of necessity.
13 Meaning that I am ln the charge instructing this jury
14 that if they found a necessity on the part of the
QJ) defendant when he was engaging in unlawful restraint, if
16 he did, then they should find him not guilty of even the
17 lesser. So if you want that taken out, Couns.el, I' 11
18 take it out. Go off the record.
19 (Off-the-record discussion)
20 THE COURT: Back on the record. Some of you
21 are wanting the defense the justification of necessity
~ taken out of the charge as it applies to unlawful
23 restraint• the lesser included that the Court is giving
24 you?
25 MR. EASTLAND: No, Your Honor. I'd·like it to
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 40
Q stay in, in that part of the unlawful restraint ·charge
2 to stay in. But I'd also like an additional unlawful
3 restraint section put in, just for the record, Your
4 Honor.
5 THE COURT: But it is in a different portion.
6 It's a lesser included offense of unlawful restraint.
7 He's not charged with it. And that's a misdemeanor
8 offense. It's a lesser included offense of the
9 aggravated kidnapping. Therefore, it is included in the
10 charge as a lesser and that's where it's going to stay.
11 So that request is denied.
12 Additional requests?
13 MR. EASTLAND: N6thing further, Your Honor.
14 THE COURT: All right. And off the record.
(Off-the-record discussion)
16 THE COURT: All right. Back on the record.
17 Are there any other further requests for any other
18 special charges?
MR. EASTLAND: We'd also like a ~esser included
20 put in the jury instruction of just. kidnapping. Not
21 aggravated, but kidnappin~.
THE COURT: And I do believe that the defendant
23 testified very clearly in answer to questions that he
24 never kidnapped the victim. I am not going to include
25 the lesser included otfense. We are going to get the
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 ' .
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Mr.
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-lq 1 /lf~ ~ 1Nfff£ LOI/Jftr~-F OAJIAI/1Ait1t /lflfJEI![S tJF- -11/e . .. ..w41E aF1iM9 · . . - . . This document contams so~e AlOe . . _ . . . . ._. _. pages that.ar~ of P?or quahty at the time of tmagsng.
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······t~,. 53
1 Written statements made by a witness to
2 investigators or other officers or police reports made
3 by officers and tendered by the prosecution to the
4 defense for purposes of cross-examination are not part
@) of the evidence unless introduced in evidence. Many
6 times statements and reports may be marked with an
7 exhibit number but are neither offered nor received in
8 evidence. I can send only statements and reports
9 received in evidence to the jury room.
10 You are i_ns"t:_ructed that the -~ta.:t.e_m~n_t~ __Q_t
11 counsel made during the course of the tria± or during ., 12 the argument, if not supported by evidence, or
13 statements of law made by counsel, if not in ha~mony
14 with the law as stated to you by the Court in these
15 instructions, are to be wholly disregarded.
16 You must disregard any comment or
17 statement made by the Court during the trial or in these
18 instructions which may seem to indicate an opinion with
19 respect to any facts, item of evidence or verdict to be
20 reached in this case. No such indication is intended.
21 You are instructed that the grand jury
22 indictment is not evidence of guilt. It is the meaq.s
23 whereby a defendant is brought to trial -in a felony
24 prosecution. It is not evidence, nor can it be
25 cons ide red_ by y_ou in passing upon whether this defendant
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 .. 38
1 Against Mayra Rubio, used or attempted use of force you
2 will find the defendant not guilty of felony assault.
3 I'm making those corrections. Other than those
4 corrections, does the State have any object to the
5 charge?
6 MR. DEMARTINO: No objections, Your Honor.
7 THE COURT: All right. Now, the defense?
8 MR. EASTLAND: Yes, Your Honor. And before we
GY make those formal objections I'd like to make a motion
10 for directed verdict.
11 THE COURT: All right. And based on?
12 MR. EASTLAND: Based on that hardly a scintilla
13 of evidence has been presented to convict Mr. Flores of
14 these three charges.
15 THE COURT: Of each of the charges?
16 MR. EASTLAND: Of each of them.
17 THE COURT: And that will be denied.
18 Now, did you have a request for the
19 charge, and I will note for the ·record that the Court on
20 its own has included, based on the defendant's
21 testimony, unlawful restraint and necessity as a
justification. Other than those additions to the
23 charge, do you have any other request?
24 MR. EASTLAND: We have n6 obje6tion to the
~ unlawful restraint. We are formally objecting to the
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 39
1 necessity instruction. We believe, Your Honor, that the \ 2 evidence shows on its own from -- from the beginning of
3 the transaction. The house, all the way into the
4 actions in the car, the very end where she got out. We
5 believe that a juror -- a rational juror could decide on
6 their own that, okay, maybe there was an abduction, but
7 maybe there was restraint somewhere in there.
8 MR. KAPPMEYER: You're talking about the
CV necessity in the defense of the assault?
10 THE COURT: I'm talking about the fact that I
11 gave you as a justification to any unlawful restraint
12 that the jury might find a justification of necessity.
13 Meaning that I am ln the charge instructing this jury
14 that if they found a necessity on the part of the
QJ) defendant when he was engaging in unlawful restraint, if
16 he did, then they should find him not guilty of even the
17 lesser. So if you want that taken out, Couns.el, I' 11
18 take it out. Go off the record.
19 (Off-the-record discussion)
20 THE COURT: Back on the record. Some of you
21 are wanting the defense the justification of necessity
~ taken out of the charge as it applies to unlawful
23 restraint• the lesser included that the Court is giving
24 you?
25 MR. EASTLAND: No, Your Honor. I'd·like it to
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 40
Q stay in, in that part of the unlawful restraint ·charge
2 to stay in. But I'd also like an additional unlawful
3 restraint section put in, just for the record, Your
4 Honor.
5 THE COURT: But it is in a different portion.
6 It's a lesser included offense of unlawful restraint.
7 He's not charged with it. And that's a misdemeanor
8 offense. It's a lesser included offense of the
9 aggravated kidnapping. Therefore, it is included in the
10 charge as a lesser and that's where it's going to stay.
11 So that request is denied.
12 Additional requests?
13 MR. EASTLAND: N6thing further, Your Honor.
14 THE COURT: All right. And off the record.
(Off-the-record discussion)
16 THE COURT: All right. Back on the record.
17 Are there any other further requests for any other
18 special charges?
MR. EASTLAND: We'd also like a ~esser included
20 put in the jury instruction of just. kidnapping. Not
21 aggravated, but kidnappin~.
THE COURT: And I do believe that the defendant
23 testified very clearly in answer to questions that he
24 never kidnapped the victim. I am not going to include
25 the lesser included otfense. We are going to get the
DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 ' .
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Mr. George Albritton Eastland Current Member Status Bar Card Number: 24050547 Eligible To Practice In Te Work Address: 921 S Saint Marys St Ste 2 { CONTACfTHIS LAWYEi San Antonio, TX 78205-3452 {VISIT LAWYER WEBSITJ vVork Phone Number: 210-227-9800 Primary Practice Location: San Antonio ~Texas
In cooperation Vl~th
LICENSE INFORMATION WEBSITE Bar Card Number: 24050547 www.britteastland.com Texas License Date: COURTS OF ADMITTANCE
Federal
PRACTICE-INFORMATION Texas Western District Court Firm: Law Office of Britt Eastland Other Courts Firm Size: Solo None Reported By Attorney Occupation: Private Law Practice ' OTHER STATES LICENSED Practice Areas: Criminal None Reported By Attorney Services Provided: Hearing impaired translation: Not Specified
ADA-accessible client service: Not Specified
Language translation: Not Specified
Foreign Language Spanish Assistance:
LAW SCHOOLS ( Law School Graduation Date Degree Earned Doctor of ';( u St. Mary's University 05/2005 Jurisl2.ru_d:er1~ei_Juris Doctor (J.D.) J \ \k\\ «;0!'·l' Y"( 1 CRIMIN.ALDOCKET·SHEET ~- - F.-'21fl2:¥ER"~1869 ."'o2s1f "'.0370f/2012 . . · .. ~TTORNEYS~. . .. COURT REPORTER . COURT ACTIVITY STATE OF TEXAs us.. sec: ·701 STATE ATTORNEY I _JUDGEPRESIDJNG _ __ _ NO RECOMMENDATION/ NO PLEA BARGAIN FLORES . ..REYNALDO _ PL.E;\ BARGAIN AGREEMENT _. ~- YRS MDS DYS (TDCJ -IDXBDADCXSTATE JAIL) _ $ _ _ Fine$ _ _ Restitution AGGRAVATED KIDNAPPING DEFENSE ATTORNEY _._. Comrn Supervision (RecoinmendedXSilentX()pposed) OFFENSE INFORMATION COURT REPORTER _ Def Adjudication (RecommendedXSilentXOpposed) lt!.DUCiliTO.LJ:SSYJ\Ofli'I.NSE, _ _ _ __ _Cases to Run Concurrent/Consecutively------- COURT INTERPRETER STATE l'ROCEJ:DS ON COUNT (1) - - . . , . - - - l'ARAGRAI'H . ' Cases Taken into Consideration:--------- ENBANCEMENT="'"PARA='""'G"'RAP-:-::H:;-('"'•J:----- ...... . '·. . !' . .,. ~
_._Non BincliDg Recootmeudatioas
_ _ DYS MOS(BCADCXSTATE JAD..XCond ofSuprvsn) I II, Q(p -rL I ~. A ' n f.Q;d~ . .., . ) l. • ~')4""'= ~ .. ' • ' • • • /;) al.t.1 - i~qi.~COrnrnunityServiCei_DYSELM ' , •
- - - YRS MDS DYS (TDCJ-ID)(BCADCXST JAn..) $ ··· · ··· Fine.$ · Restitution -~------------------~---------- COURT RULING
- - - YRS MOS DYS (Toc.r- (BCADCXST! JAIL) __ s ___ Fine$ Restitution· Payable to; ,..,..------,,......,..-,..- - - Affinnative Finding of a Deadly Weapon _ S.A.I.P. (BoOt Camp) __ Shock Supervision _Drivers License Suspet1Sion Start Date: _ __ EndDale: . . . _SAfPF (Comm SupervisionXAmended Comrn Supv;) _ ThetapeUtic Community Program _ _ _ HRSComtt~unity Service __ DYS ELM : _ _ DYS MOS (BCAocXSTATE JAJLXConq ofSupv) · - (Work)(Weekend) Release Program (Cond ofS~) _.Found TRUE,to Enhancement Paragraph as a Re}ieater _Found _ _ _Enhancement _Other: TRUE.to _ _ _ _ParUgraphs ____ Habitual as a_ __
• DONNAKAYMsiQNNEY , BEXAR COUNTY DISTRICI' CLERK
By:, -r(fJ DEPUTY c:n "" ~