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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
STATE OF FLORIDA CASE NO. 21-001119CF (SHC)
vs.
HECTOR TELLO VASQUEZ
/
PLEA FORM
I, Hector Tello Vasquez, the Defendant in this Criminal Action do hereby withdraw my previously
entered pleas of Not Guilty and enter plea(s) of:
Ccuitty KXINo Contest
COUNT I: Reduced to DWLS 2" Year Maximum Sentence
COUNT II: Year Maximum Sentence
COUNT III Year Maximum Sentence
COUNT IV Year Maximum Sentence
COUNT V: Year Maximum Sentence
COUNT VI Year Maximum Sentence
I understand that if the Court accepts the plea as indicated above, I give up my right to trial by jury, at
which I would have the following rights:
The right to have a jury determine my guilt or innocence;
The right to see and hear witnesses testify and to have my lawyer question them for me;
The right to subpoena witnesses in my behalf and present items of evidence in my defense;
The right to testify or remain silent;
The right to have the prosecution prove my guilt beyond a reasonable doubt, before I can be
found guilty.
The right to a speedy trial;
The right to have counsel assist in the trial and any appeal.
I understand that I give up my right to appeal all matters except the legality of this sentence, the
jurisdiction of this Court, and those matters, which I have specifically reserved for appeal.
C1 Ihave reserved the following matter(s) for appeal: oc
22
&
we
n
Felony Plea Form, approved 03/26/14 Page |
(11 do not wish to exercise my constitutional right to an appeal. My attorney has explained to me what
an appeal is and how I can properly file for an appeal should I choose to do so. My attorney has advised
me that if | cannot afford an attorney, one will be appointed for me by the Court.
I have read the information in this case, or have had it read to me, and I fully understand the terms of the
plea agreement and the charge(s) to which I enter my plea(s). My attorney has explained to me the
maximum penalty for the charge(s), the essential elements of the crime(s), and possible defenses to the
crime(s), and I understand these things. I understand that if I am on parole, my parole can be revoked and
I can be returned to prison to complete that sentence; if | am on probation, my probation can be revoked
and I can receive a separate sentence up to the maximum on the probation charge in addition to the
sentence imposed on this case.
No one has promised me anything to get me to enter this plea(s).
The State offers and agrees to the following sentence, by which the defendant accepts (check all that
apply):
RI Adjudicated Guilty OO Withhold Adjudication
Florida DOC prison sentence: months;
x Charlotte County Jail: __ 90. days
State Probation: months
Xx DNA sample to the FDLE DNA database
Driver’s license suspension for years as required by Florida Statute
As to financial obligations, the defendant agrees to pay the minimum mandatory fines, fees and costs or
the following, if greater than the minimum mandatory amounts:
Fine (count): (1) (2) G) (4)
Fine Surcharge {5% of fine} (count): (1) (2) @) (4)
Restitution: $ to
X___ Court Costs: $_220
x $50 Cost of Prosecution
Xx $50 Public Defender Application Fee
Xx Defense Counsel Fees: $50
$100 Florida Department of Law Enforcement (FDLE) fee
$201 Domestic Violence Surcharge (Fla. Stat. 938.08) (counts)
Felony Plea Form, approved 03/26/14 Page 2
$151 Rape Crisis Trust Fund (Fla. Stat. 938.085) (counts)
$151 Crimes against Minors (Fla. Stat. 938.10) (counts)
I agree to the conditions of supervision as provided by Florida law while on probation (defendant
must initial when applicable):
I further agree to the following special conditions of probation (defendant must initial when
applicable):
I understand my sentence will be imposed consistent with the Florida Criminal Punishment Code. The
Code provides that the trial court may impose a sentence up to and including the statutory maximum for
any offense. I also understand that, absent a legitimate un-coerced plea bargain, there are limited reasons
why a judge may depart below the lowest permissible sentence established by the Code. I have truthfully
advised the court as to my prior criminal history and after consultation with my attorney, agree that my
Code score sheet has been calculated correctly.
I understand that if I fail to pay financial obligations ordered by the court, it will result in a suspension of
my driver license privilege (322.245) and that any unpaid financial obligations still remaining 90 days
after payment due date will be referred by the Clerk of Court to a collection agency and an additional fee
up to 40% of the outstanding balance owed will be added at the time (28.246).
I have read every word of this written plea or have had it read to me. I have discussed this plea(s) with
my attorney and I fully understand it. | have been told what evidence the State has to present to a jury
and my attorney has advised me as to what defenses, if any, I may be able to assert in my own behalf. I
am fully satisfied with the way my attorney has handled this case. My attorney has effectively assisted
me in all aspects of my defense.
I understand and agree that if the judge permits me to remain at liberty pending sentencing, I must notify
my attorney, bondsman and probation officer, if applicable, of any change of address or telephone
number. I also understand that for me to receive the sentence which has been promised by this Court, I
must honor the following conditions:
1 I must have been truthful regarding my prior criminal history;
2 I must report to the Department of Probation and cooperate with them in the preparation of my
pre-sentence investigation.
3 I must remain at liberty without committing any law violation; and
I must return to this courtroom, on at to be sentenced
by this Court or to be sentenced in absentia in accordance with the minimum to maximum
permissible range of sentence allowed by law. | understand that the violation of any of these
conditions could result in my not being allowed to withdraw my plea, and the Court being free to
sentence me in accordance with the legal maximums recognized under the law.
Felony Plea Form, approved 03/26/14 Page 3
My education consists of the following:
{am not currently under the influence of drug, alcohol, or medication to the extent that my normal
faculties are impaired. I am not suffering from any mental problems that will affect my understanding of
this plea.
If the offense to which I am pleading is a sexually violent offense or a sexually motivated offense, or if
have previously been convicted of such an offense, this plea may subject me to involuntary civil
commitment as a sexually violent predator upon completion of my sentence.
I have been fully advised and explained any deportation issues by my counsel. I understand that if I am
not a United States citizen, entering this plea will subject me to consideration for deportation pursuant to
the laws and regulations governing the United States Department of Immigration and Customs
Enforcement. Whether or not I am actually deported as a consequence of my plea, | still wish to enter this
plea. I understand that this court has no influence over whether or not I will be deported; that is a matter
for the federal immigration agency. [ further understand that certain felonies are considered “aggravated
felonies” and Immigration Services may not waive deportation proceedings for those felonies. [ am fully
aware that as immigrations laws are written today, if my plea is to one of the aggrevated felonies set forth
in 8 USCA 1227 and 1101, that my deportation is highly probable.
No one has threatened me to make me enter the plea(s). I am entering the plea(s) because:
0 Lam guilty. I believe it is in my own best interest.
I enter the plea(s) voluntarily of my own free will. No promises of any kind regarding sentencing were
made to me apart from those discussed during the plea colloquy. No one, including my attorney has made
any promises to me concerning eligibility for any form of early release, provisional gain time credit, time
off for good behavior, the accrual of gain time, or the actual amount of time to be served under the
sentence which will be imposed or any condition or circumstance of confinement in the Department of
Corrections.
I have discussed the disclosure above with my attorney and agree to the representations made by my
attorney.
I can read English.
I cannot read English, but this plea form was read to me by:
in. (language), in which I understand.
SWORN TO, SIGNED AND FILED in open Court in the presence of Defense Counsel, the State, and the
Honorable Judge Seat#tt--Capp on this I3day of July, 2021.
Dodd!
Roger D. Eaton
CLERK OF THE COURT
KL ciice
Defendént's Signature
Ahh
BY:
CLERK IN ATTENDANCE Defendant's Address
Felony Plea Form, approved 03/26/14 Page 4
CERTIFICATE OF DEFENDANT’S COUNSEL
I, Jennifer Barnett, defendant's Counsel of Record, certify that: I have discussed this case with the
defendant, including the nature of the charge(s), essential elements of each, the evidence against him/her
of which I am aware, the possible defenses he/she has, the maximum penalty for the charge(s) and his/her
right to appeal. No promises have been made to the Defendant other than as set forth in this plea or on
the record. I believe he/she fully understands this written plea, the consequences or entering it and that
the Defendant does so of his/her own free will
I have reviewed the discovery in this case and have discussed the evidence in this case with the defendant.
I believe this plea is in the defendant’s best interest. I have reviewed the discovery disclosed by the State,
including a listing or description of physical items of evidence. I reviewed with the defendant the nature
of the evidence disclosed through discovery.
I am personally unaware of any physical evidence for which DNA testing may exonerate my client.
Ihave fully advised and explained any deportation issues with the defendant. I understand that if the
defendant is not a United States citizen, entering this plea will subject him/her consideration for
deportation pursuant to the laws and regulations governing the United States Department of Immigration
and Customs Enforcement. I believe that whether or not the defendant is actually deported as a
consequence of the plea, the defendant still wishes to enter this plea. Whether or not the defendant is
subjected to deportation proceedings as a consequence of this plea, he/she still wishes to enter this plea. I
understand that this court has no influence over whether or not the defendant will be deported; that is a
matter for the federal immigration agency. I further understand that certain felonies are considered
‘aggravated felonies” and Immigration Services my not waive deportation proceeding for those felonies. I
am fully aware that as ae ion laws are written today, if this prea is to one of the aggravated felonies
Date mnifer
Flori ar 112:
iferB@)
Counsel for Defendant
CERTIFICATE OF PROSECUTOR
{1 {confirm that the recommendations previously set forth in paragraph 6(b) have been made. This
recommendation has been made on the express condition that the Defendant has truthfully and accurately
disclosed his/her prior criminal history.
I am personally unaware of any physical evidence for which DNA testing may exonerate the defendant.
07/12/21 /s/ Tracy L. Detzel
Date Tracy L. Detzel
Florida Bar No. 0072498
Assistant State Attorney
Felony Plea Form. approved 03/26/14 Page 5
ORDER ACCEPTING THE PLEA
Based upon the sworn testimony of the defendant in open court, based upon my review of the court file(s)
and/or based upon the dialogue between the defendant, the defendant’s attorney, the prosecuting attorney
and the judge, I find that the above plea was freely, knowingly, intelligently and voluntarily entered by
the defendant. I further find that there is a factual basis to support the plea and I find that the defendant
was represented by a competent attorney with whom the defendant says he/she is satisfied.
In addition to documents in the court file(s), I have relied upon the following information for a factual
basis:
IT IS ORDERED AND ADJUDGED that the defendant’s plea be
Di accepted
C1 rejected
D accepted conditionally: 5/4
DONE AND ORDERED in open court on this B day of July,
Donald H. Mason
Circuit Judge
Score—cupp Data.\ OC)
Honorable Circuit Judge
Felony Plea Form, approved 03/26/14 Page 6
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA STATE OF FLORIDA CASE NO. 21-001119CF (SHC) vs. HECTOR TELLO VASQUEZ / PLEA FORM I, Hector Tello Vasquez, the Defendant in this Criminal Action do hereby withdraw my previously entered pleas of Not Guilty and enter plea(s) of: Ccuitty KXINo Contest COUNT I: Reduced to DWLS 2" Year Maximum Sentence COUNT II: Year Maximum Sentence COUNT III Year Maximum Sentence COUNT IV Year Maximum Sentence COUNT V: Year Maximum Sentence COUNT VI Year Maximum Sentence I understand that if the Court accepts the plea as indicated above, I give up my right to trial by jury, at which I would have the following rights: The right to have a jury determine my guilt or innocence; The right to see and hear witnesses testify and to have my lawyer question them for me; The right to subpoena witnesses in my behalf and present items of evidence in my defense; The right to testify or remain silent; The right to have the prosecution prove my guilt beyond a reasonable doubt, before I can be found guilty. The right to a speedy trial; The right to have counsel assist in the trial and any appeal. I understand that I give up my right to appeal all matters except the legality of this sentence, the jurisdiction of this Court, and those matters, which I have specifically reserved for appeal. C1 Ihave reserved the following matter(s) for appeal: oc 22 & we n Felony Plea Form, approved 03/26/14 Page | (11 do not wish to exercise my constitutional right to an appeal. My attorney has explained to me what an appeal is and how I can properly file for an appeal should I choose to do so. My attorney has advised me that if | cannot afford an attorney, one will be appointed for me by the Court. I have read the information in this case, or have had it read to me, and I fully understand the terms of the plea agreement and the charge(s) to which I enter my plea(s). My attorney has explained to me the maximum penalty for the charge(s), the essential elements of the crime(s), and possible defenses to the crime(s), and I understand these things. I understand that if I am on parole, my parole can be revoked and I can be returned to prison to complete that sentence; if | am on probation, my probation can be revoked and I can receive a separate sentence up to the maximum on the probation charge in addition to the sentence imposed on this case. No one has promised me anything to get me to enter this plea(s). The State offers and agrees to the following sentence, by which the defendant accepts (check all that apply): RI Adjudicated Guilty OO Withhold Adjudication Florida DOC prison sentence: months; x Charlotte County Jail: __ 90. days State Probation: months Xx DNA sample to the FDLE DNA database Driver’s license suspension for years as required by Florida Statute As to financial obligations, the defendant agrees to pay the minimum mandatory fines, fees and costs or the following, if greater than the minimum mandatory amounts: Fine (count): (1) (2) G) (4) Fine Surcharge {5% of fine} (count): (1) (2) @) (4) Restitution: $ to X___ Court Costs: $_220 x $50 Cost of Prosecution Xx $50 Public Defender Application Fee Xx Defense Counsel Fees: $50 $100 Florida Department of Law Enforcement (FDLE) fee $201 Domestic Violence Surcharge (Fla. Stat. 938.08) (counts) Felony Plea Form, approved 03/26/14 Page 2 $151 Rape Crisis Trust Fund (Fla. Stat. 938.085) (counts) $151 Crimes against Minors (Fla. Stat. 938.10) (counts) I agree to the conditions of supervision as provided by Florida law while on probation (defendant must initial when applicable): I further agree to the following special conditions of probation (defendant must initial when applicable): I understand my sentence will be imposed consistent with the Florida Criminal Punishment Code. The Code provides that the trial court may impose a sentence up to and including the statutory maximum for any offense. I also understand that, absent a legitimate un-coerced plea bargain, there are limited reasons why a judge may depart below the lowest permissible sentence established by the Code. I have truthfully advised the court as to my prior criminal history and after consultation with my attorney, agree that my Code score sheet has been calculated correctly. I understand that if I fail to pay financial obligations ordered by the court, it will result in a suspension of my driver license privilege (322.245) and that any unpaid financial obligations still remaining 90 days after payment due date will be referred by the Clerk of Court to a collection agency and an additional fee up to 40% of the outstanding balance owed will be added at the time (28.246). I have read every word of this written plea or have had it read to me. I have discussed this plea(s) with my attorney and I fully understand it. | have been told what evidence the State has to present to a jury and my attorney has advised me as to what defenses, if any, I may be able to assert in my own behalf. I am fully satisfied with the way my attorney has handled this case. My attorney has effectively assisted me in all aspects of my defense. I understand and agree that if the judge permits me to remain at liberty pending sentencing, I must notify my attorney, bondsman and probation officer, if applicable, of any change of address or telephone number. I also understand that for me to receive the sentence which has been promised by this Court, I must honor the following conditions: 1 I must have been truthful regarding my prior criminal history; 2 I must report to the Department of Probation and cooperate with them in the preparation of my pre-sentence investigation. 3 I must remain at liberty without committing any law violation; and I must return to this courtroom, on at to be sentenced by this Court or to be sentenced in absentia in accordance with the minimum to maximum permissible range of sentence allowed by law. | understand that the violation of any of these conditions could result in my not being allowed to withdraw my plea, and the Court being free to sentence me in accordance with the legal maximums recognized under the law. Felony Plea Form, approved 03/26/14 Page 3 My education consists of the following: {am not currently under the influence of drug, alcohol, or medication to the extent that my normal faculties are impaired. I am not suffering from any mental problems that will affect my understanding of this plea. If the offense to which I am pleading is a sexually violent offense or a sexually motivated offense, or if have previously been convicted of such an offense, this plea may subject me to involuntary civil commitment as a sexually violent predator upon completion of my sentence. I have been fully advised and explained any deportation issues by my counsel. I understand that if I am not a United States citizen, entering this plea will subject me to consideration for deportation pursuant to the laws and regulations governing the United States Department of Immigration and Customs Enforcement. Whether or not I am actually deported as a consequence of my plea, | still wish to enter this plea. I understand that this court has no influence over whether or not I will be deported; that is a matter for the federal immigration agency. [ further understand that certain felonies are considered “aggravated felonies” and Immigration Services may not waive deportation proceedings for those felonies. [ am fully aware that as immigrations laws are written today, if my plea is to one of the aggrevated felonies set forth in 8 USCA 1227 and 1101, that my deportation is highly probable. No one has threatened me to make me enter the plea(s). I am entering the plea(s) because: 0 Lam guilty. I believe it is in my own best interest. I enter the plea(s) voluntarily of my own free will. No promises of any kind regarding sentencing were made to me apart from those discussed during the plea colloquy. No one, including my attorney has made any promises to me concerning eligibility for any form of early release, provisional gain time credit, time off for good behavior, the accrual of gain time, or the actual amount of time to be served under the sentence which will be imposed or any condition or circumstance of confinement in the Department of Corrections. I have discussed the disclosure above with my attorney and agree to the representations made by my attorney. I can read English. I cannot read English, but this plea form was read to me by: in. (language), in which I understand. SWORN TO, SIGNED AND FILED in open Court in the presence of Defense Counsel, the State, and the Honorable Judge Seat#tt--Capp on this I3day of July, 2021. Dodd! Roger D. Eaton CLERK OF THE COURT KL ciice Defendént's Signature Ahh BY: CLERK IN ATTENDANCE Defendant's Address Felony Plea Form, approved 03/26/14 Page 4 CERTIFICATE OF DEFENDANT’S COUNSEL I, Jennifer Barnett, defendant's Counsel of Record, certify that: I have discussed this case with the defendant, including the nature of the charge(s), essential elements of each, the evidence against him/her of which I am aware, the possible defenses he/she has, the maximum penalty for the charge(s) and his/her right to appeal. No promises have been made to the Defendant other than as set forth in this plea or on the record. I believe he/she fully understands this written plea, the consequences or entering it and that the Defendant does so of his/her own free will I have reviewed the discovery in this case and have discussed the evidence in this case with the defendant. I believe this plea is in the defendant’s best interest. I have reviewed the discovery disclosed by the State, including a listing or description of physical items of evidence. I reviewed with the defendant the nature of the evidence disclosed through discovery. I am personally unaware of any physical evidence for which DNA testing may exonerate my client. Ihave fully advised and explained any deportation issues with the defendant. I understand that if the defendant is not a United States citizen, entering this plea will subject him/her consideration for deportation pursuant to the laws and regulations governing the United States Department of Immigration and Customs Enforcement. I believe that whether or not the defendant is actually deported as a consequence of the plea, the defendant still wishes to enter this plea. Whether or not the defendant is subjected to deportation proceedings as a consequence of this plea, he/she still wishes to enter this plea. I understand that this court has no influence over whether or not the defendant will be deported; that is a matter for the federal immigration agency. I further understand that certain felonies are considered ‘aggravated felonies” and Immigration Services my not waive deportation proceeding for those felonies. I am fully aware that as ae ion laws are written today, if this prea is to one of the aggravated felonies Date mnifer Flori ar 112: iferB@) Counsel for Defendant CERTIFICATE OF PROSECUTOR {1 {confirm that the recommendations previously set forth in paragraph 6(b) have been made. This recommendation has been made on the express condition that the Defendant has truthfully and accurately disclosed his/her prior criminal history. I am personally unaware of any physical evidence for which DNA testing may exonerate the defendant. 07/12/21 /s/ Tracy L. Detzel Date Tracy L. Detzel Florida Bar No. 0072498 Assistant State Attorney Felony Plea Form. approved 03/26/14 Page 5 ORDER ACCEPTING THE PLEA Based upon the sworn testimony of the defendant in open court, based upon my review of the court file(s) and/or based upon the dialogue between the defendant, the defendant’s attorney, the prosecuting attorney and the judge, I find that the above plea was freely, knowingly, intelligently and voluntarily entered by the defendant. I further find that there is a factual basis to support the plea and I find that the defendant was represented by a competent attorney with whom the defendant says he/she is satisfied. In addition to documents in the court file(s), I have relied upon the following information for a factual basis: IT IS ORDERED AND ADJUDGED that the defendant’s plea be Di accepted C1 rejected D accepted conditionally: 5/4 DONE AND ORDERED in open court on this B day of July, Donald H. Mason Circuit Judge Score—cupp Data.\ OC) Honorable Circuit Judge Felony Plea Form, approved 03/26/14 Page 6