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1 REPORTER'S RECORD
VOLUME 1 OF 1 VOLUME
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TRIAL COURT CAUSE NO. 18-065
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21 Texas.
22 Proceedings reported by
23 computerized-machine shorthand.
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1 A P P E A R A N C E S
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COUNSEL FOR THE STATE
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MR. KENT MCGUIRE
10 SBOT NO. 13663800
MCGUIRE LAW OFFICE
11 109 EAST FRANKLIN STREET
WAXAHACHIE, TEXAS 75165
12 Telephone: (972) 937-2340
Facsimile: (972) 937-2359
13 kent@mcguirelawoffice.com
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COUNSEL FOR THE DEFENDANT
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1 VOLUME 1
(PETITION FOR WRIT OF HABEAS CORPUS)
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May 17, 2018
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Page Vol.
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Appearances................................... 2 1
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Proceedings................................... 4 1
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WITNESSES FOR THE DEFENDANT:
11 BEAR, SHAYE MARIE 4, 23 12 -- 1
WHITE, SHERRY LEE 24 28 -- 1
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13 Defendant rests............................... 37 1
State rests................................... 39 1
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Judge's Ruling................................ 43 1
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Court Reporter's Certificate.................. 45 1
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19 EXHIBIT INDEX
STATE'S
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NO. DESCRIPTION OFFERED ADMITTED VOL.
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1 Arrest without Warrant - 37 38 1
22 Affidavit Submitted for
Probable Cause Determination
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1 P R O C E E D I N G S
11 hand.
21 DIRECT EXAMINATION
22 BY MR. MCGUIRE:
24 right here.
4 A. Yes, sir.
6 $5,000?
7 A. Yes, sir.
11 A. Yes, sir.
15 apart all night, have been all night. And I have turned
18 A. Yes.
20 A. Yes, sir.
2 table.
18 A. Yes, sir.
23 A. Yes, sir.
25 that you -- that the Judge let you out of jail on your
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6 A. Yes, sir.
8 know that you can get a bonding company and you can put
11 A. Yes, sir.
15 now.
19 company?
20 A. Yes, sir.
22 A. No, sir.
24 correct?
25 A. Yes, sir.
8
2 A. Yes, sir.
5 A. I have $79.
7 A. No, sir.
9 A. Not --
13 with diapers.
18 children?
22 children --
23 A. Yes, sir.
24 Q. -- is that right?
2 that right?
3 A. Yes, sir.
5 out --
6 A. Yes, sir.
7 Q. -- is that right?
9 Dallas?
21 A. No --
22 Q. -- at this point?
3 that?
8 Dallas.
11 A. Uh...
13 in a minute --
14 A. A record as far as --
16 A. Yes.
18 is that right?
5 job and --
8 Probable Cause?
9 A. Yes, sir.
11 filled this out, the officer, said that the offense for
14 its face because they are saying that you are under
17 A. (No response.)
19 misdemeanor?
21 misdemeanor.
24 A. Yes, sir.
5 sorry.
12 CROSS-EXAMINATION
13 BY MR. SIPES:
14 Q. Ms. Bear, you said that you got two kids right
16 A. Yes, sir.
25 since 2014.
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2 lives?
18 Dallas.
22 come down here and visit your child, you would come down
23 here with Richard Baladez and the other people that were
25 A. I was -- I was --
14
1 Q. -- a Philip Vaughn?
18 A. Without permission.
15 you have seen how many times over the last four years?
17 funds and abilities, every time she was able under her
21 correct?
22 A. Yes, sir.
24 a little bit.
2 A. Yes, sir.
7 A. Yes, sir.
11 A. Yes, sir.
13 correct?
17 correct?
18 A. Yes, sir.
21 A. Um...
3 the other --
4 A. Yes, sir.
7 A. Yeah.
8 Q. -- the two?
15 A. Okay.
19 correct?
20 A. Yes, sir.
24 correct?
25 A. Yes, sir.
18
7 the same arrest. They were all -- those last, the 2014
12 correct?
13 A. Yes, sir.
17 A. Yes, sir.
20 is that correct?
25 your probation?
19
15 I also had to --
18 well.
22 methamphetamine?
2 vagina, correct?
22 Honor.
23 A. I apologize but --
1 then stop.
8 Q. Ms. Bear --
9 A. Yes, sir.
12 A. Yes, sir --
13 Q. And the --
14 A. -- I sure did.
21 A. Absolutely.
7 believe that you can kick this addiction that you have
8 advised us of?
12 A. -- I have tried --
20 to go to SAFEP, correct?
21 A. Yes, sir.
24 A. Yes, sir.
2 A. Yes, sir.
4 Honor?
6 REDIRECT EXAMINATION
7 BY MR. MCGUIRE:
10 A. Yes, sir.
12 people there?
20 Q. This morning?
21 A. Yes, sir.
23 A. At 6:30.
2 Ms. Bear.
8 here, ma'am.
17 you.
18 Mr. McGuire.
22 DIRECT EXAMINATION
23 BY MR. MCGUIRE:
3 A. Yes, I am.
5 $5,000 bond?
6 A. Yes.
9 A. No.
15 Q. Okay.
21 A. Yes.
22 Q. -- is that correct?
24 that right?
25 A. Yes.
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2 A. Yes.
8 her?
15 to --
21 Q. So you --
9 into another big truck and hit the tractor end of it.
14 Q. So is there --
15 A. FedEx.
19 Well, I can probably get her out if you get it down that
20 far?
22 today.
24 A. Yes.
25 Q. That's it?
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1 A. That's it.
5 child support.
6 Q. Okay.
7 A. I have no savings.
11 Mr. Sipes.
12 CROSS-EXAMINATION
13 BY MR. SIPES:
18 with child.
24 Over the last four years, how much support has she given
25 you?
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2 A. Not a lot.
4 her job?
13 Q. Okay. So --
15 like that.
19 books.
20 Q. Okay.
24 her in jail?
1 Q. Understanding --
4 Q. Okay. So $120?
6 here.
7 Q. Okay.
8 A. Yeah.
11 asked you to put $120 on her books over the last three
12 months?
20 A. No.
23 talk again.
4 not come live with you or try to help you with the kids,
5 correct?
10 A. Yeah.
16 Q. Which one?
18 fourth grade.
21 A. I believe so.
23 A. No.
2 the 10th, the 9th. It would have been the night before
7 don't know.
11 know, but I know that she saw the kids the night before.
20 or elsewhere?
24 Q. Uh-huh.
19 Q. Okay.
24 elsewhere?
25 A. I don't, no.
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1 Q. Okay.
6 that program?
7 A. No.
10 times she even called me, you know, and wanted a ride to
11 a class.
14 had the kids and I didn't have the money to drive from
17 Dallas.
20 her?
8 but I mean --
9 Q. Okay.
14 you this then: Did she tell you that she was continuing
15 to use methamphetamine?
16 A. No.
19 A. No.
1 arrested.
5 A. It's possible.
10 A. Possible, yeah.
14 addiction, correct?
23 A. It's possible.
10 Mr. McGuire?
21 offered)
1 attention.
4 Writ is admitted.
6 admitted)
8 read this.
10 Thank you.
12 the Court, we've got the lab analysis back. The lab
16 than 1 gram.
22 probations.
1 proceed with guilt and how long it will take for the
3 making sure --
6 Court.
25 besides today?
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2 to --
10 second trimester. And then I've seen them today and the
11 child.
5 contractions.
7 before?
21 pregnant.
7 out.
11 not going to let you bond out right now. I'm going to
14 great.
20 go.
24 jail and have the doctor look at you and see if you need
2 cell, ma'am.
21 -oo0oo-
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1 REPORTER'S CERTIFICATE
20 May, 2018.
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Carolin Peek, Texas CSR 8473
22 Expiration Date: 12/31/2019
Official Court Reporter
23 443rd District Court
Ellis County, Texas
24 109 South Jackson Street, 3rd Floor
Waxahachie, Texas 75165
25 (972) 825-5285