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  • The State of Texas vs. Carl Ferrar

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    Elizabeth Nolan Brown
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    Plea and other case documents in Texas criminal case against Backpage CEO Carl Ferrar

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    Plea and other case documents in Texas criminal case against Backpage CEO Carl Ferrar

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    © All Rights Reserved
    Descărcați ca PDF sau citiți online pe Scribd
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    76 vizualizări12 pagini

    The State of Texas vs. Carl Ferrar

    Încărcat de

    Elizabeth Nolan Brown
    Plea and other case documents in Texas criminal case against Backpage CEO Carl Ferrar

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca PDF sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 12
    ISFC-[052C. THE STATE OF TEXAS § IN THE 94" DISTRICT COURT; § vs 8 OF NUECES COUNTY, TEXAS § CARL FERRER 8 STATE ID WAIVER OF INDICTMENT. NOW COMES Carl Ferrer, defendant herein, accused of the non-capital felony offense of MONEY LAUNDERING >~$150K <$300K and represented by his attorney and having been advised by his attorney and by the Court of his rights and the nature of the charge against him and his right not to be tried in this case except on the indictment of a Grand Jury, heteby in open Court and in writing voluntarily and knowingly waives his right to be prosecuted by a Grand Jury indictment and announces his election and consent to be charged by information. ‘THE DEFENDAN ORDER On this day of, »____» the above-named defendant having appeared before me with his attomey in open Court, and the defendant having been fully advised of his rights and the nature of the charge against him and that he has a right to be prosecuted by indictment by a Grand Jury, the defendant intelligently, voluntarily, and knowingly waived such right and the defendant and his attorney signed the foregoing written instrument in open Court, and the Court hereby approves the waiver of indictment and approves prosecution in this case by information, | /} i if lk fae Ma \8FC-16S2.C THE STATE OF TEXAS § IN THE 94" DISTRICT COURT; § VS § (OF NUE “OUNTY, TEXAS § CARL FERRER § STATEID FELONY INFORMATION In the Name and by the Authority of the State of Texas: Now comes Kirsta Melton, Assistant District Attomey of the County of Nueces, STATE OF TEXAS, on behalf of said State, presents in the District Court for the 105th Judicial District of said County, at the instanter Term, January 2018 - June 2018, of said Court, that heretofore, to-wit, Carl Ferrer, hereinafter referred to as Defendant, on or about September 1, 2015, through December 31, 2017, in Nueces County, Texas, knowingly acquired, maintained an interest in, concealed, possessed, transferred or transported the proceeds of criminal activity; or conducted, supervised or facilitated a transact proceeds of criminal activity; or invested, expended or received the proceeds of eriminal a Defendant Entities believed are the proceeds of criminal activity, namely: United States currency or its ‘equivalent, and said funds were acquired or derived directly or indirectly from criminal activity, namely conduct prohibited by Texas Penal Code Section 32.32 —False Statement to Obtain Property or Credit or in the Provision. of Certain Services, and all proceeds of the criminal activity were related to one scheme or continuing, cours conduct and the aggregate value of the proceeds is $150,000 or more but less than $300,000. against the peace and dignity of the State. Agpistant DistrictlAttomey Nueces County, Texas FILED APR 09 2018 ANE Lf 1S FC 1652.0 THE STATE OF TEXAS § IN THE 94" DISTRICT COURT § vs § OF NUECES COUNTY, TEXAS 8 CARL FERRER § STATE ID JUDICIAL CONFESSION AND STIPULATION AND CERTIFICATION OF DISCOVERY, 1, CARL FERRER, am the Defendant in the above styled and numbered cause. My attomey is_E Oris The State of Texas and the attorney for the Defendant, prior to the Defendant entering a plea of guilty, acknowledge that the documents, reports, and information attached hereto were produced by the Nueces County District Attomey’s Office and/or the Office of the Atiomey General of Texas and received by the attorney for the defendant as discovery in this cause. I further acknowledge that my attomey has reviewed the evidence with me. My attorney and I do hereby waive the production of any additional discovery and enter a plea of guilty or no contest to the charges. My attomey has investigated the fuets and circumstances surrounding my case, discussed those with me, and advised me of possible defenses. Iam satisfied with my attomey's representation. I am pleading guilty to the offense of MONEY LAUNDERING >=8150K <$300K because I am guilty. My plea is freely, voluntarily, knowingly, and intelligently given. On this day in open Court, I, Carl Ferrer, waive my right against selftincrimination and hereby judicially confess that On or about September 1, 2015, through December 31, 2017, in Nueces County, Texas, I knowingly acquired, maintained an interest in, concealed, possessed, transferred or transported the proceeds of criminal activity; or conducted, supervised or facilitated a transaction involving the proceeds of criminal activity; or invested, expended or received the proceeds of criminal activity or funds that Defendant Entities believed are the proceeds of criminal activity, namely: United States currency or its equivalent, and said funds were acquired or derived directly or indirectly from criminal activity, namely conduct prohibited by Texas Penal Code Section 32.32—False Statement to Obtain Property or Credit or in the Provision of Certain Services, and all proceeds of the criminal activity were related to one scheme or continuing course of conduct and the aggregate value of the proceeds is $150,000 or more but less than $300,000. Thereby agree and stipulate that the facts contained in this instrument and its attached exhibits, ifany, are true APTORNEY FOR THE STATE DEFENDAN' ATTORNEY FOR THE DEFENDANT SUBSCRIBED AND SWORN to before me in open Court by the Defendapt, CARL FERRER, on this the __ day of. 20 /) | i Al APPROVED: CLERK 7 JUDGE PRESIDING State's Exhibic #1 AABECH|052C THPSTATEOP § INTHE DISTRICT COURT v. : 94" JUDICIAL DISTRICT CARL FERRER 3 ‘NUECES COUNTY, TEXAS | PLEA BARGAIN AGREEMENT ‘TO THE HONORABLE JUDGE OF SAID COURT: 1, Carl Ferrer, the undersigned Defendant, having had the advice of counsel, hereby augee to the following: 1.1, Carl Ferrer, will enter a plea of guilty to Money Laundering as allege in the above-referenced cause, 1, Carl Fener, will give full, complete, and truthful evidence conceming my knowledge of any and all offenses committed by any and all co-defendants identified by Texas, California, or federal authorities. This agreement includes testimony luring tral, pre-‘ral, post-conviction, appellate and rearial proceedings in any Cour, sate or federal, Carl Femer, the District Attomey of Nueces, County, Texas, [hereinafter The District Attomey] and the Texas Attomey General agree that Carl Ferrer shall be given “use immunity” as to any statements made by him pursuant fo this agreement, including statements made to Texas authorities and during trial, pre-trial, post-conviction, appellate and re-tial proceedings given any Texas count or hearing. ‘The Court, by acceplance of this plea agreement conférs use immunity with respect 0 the aforementioned statements coextensive with Defendant's right against selfincrimination guaranteed by the Fifth Amendment of the United States Constitution, 3. 1, Carl Ferer, agree that | will not disclose the existence ofthe investigations that have resulted in this plea, the substance of the investigations that have resulted inthis ple, or the identity of any potential future targets ofthe investigations that have resulted in this plea, except as may be required to effectuate withdrawal fiom the Joint Defense Agreement to which Carl Femer isa patty 4, 1, Cail Ferrer, will additionally give swom written or recorded statement(s) detailing any additional fats if that is requested by any attomey for Texas or California or federal Assistant US. Attorney, 5. 1, Carl Ferrer, will immediately take steps within my power fo permanently shut down Backpage.com in all counties in Which it is operating, and will take no action to resume operation of Backpage.com or any similar website in the fitur. “Similar website” is defined as any website or web hosting platform that involves adult content, including classified postings or advertisements for dating, personals, massage, estorts, or any other sexually oriented service. 6. 1, Carl Ferrer, will provide all available information to state and federal law enforcement regarding the langest purchasers of advertisements on Backpage.com. 7. 1, Carl Femer will assist both state and federal law enforcement in the seizure of all domain names registered to Backpagescom, LLC and al rated companies 8, 1, Carl Ferrer, will identify all forfeitable assets of my own, co-defendants of which T have knowledge, Backpage com ELC, and all related companies to state and fedcral law enforcement. I@EG-1053G, ISFC-I655O ISFCSIC ISFC-I0G4C |g FC-ILSGC IBFC-WEC. 9. 1, Carl Ferrer, will plead Backpage.com LLC and all specified companies in easeMasber}to | Count of Trafficking of Persons, TPC 20A.02, and | Count of Engaging in Organized Criminal Activity with an underlying criminal activity of Money Laundering, TPC 34.02. State's Exhibit #1 10. 1, Carl Ferer, agree that if I breach the temis of this plea agreement or i | intentionally, knowingly or recklessly conceal, misrepresent, oF misstate any material fact relevant to tis plea agreement, the Court may sentence me up to the maximum punishment allowed by law for a second-degree felony, 2-20 years in the Texas Department of Criminal Justico— Institutional Division. In retum and in consideration thereof the State of Texas agrees that: 11. If there is a dispute regarding whether Carl Ferrer has met his obligations under this agreement, the Court shall determine whether the defendant has failed to comply with this agreement, including whether the defendant has been truthful 12, ‘The Court agrees to defer the sentencing of Cart Ferrer until he has had the opportunity to comply with his obligations under this Agreement, through completion of the trials agains the other co-defendants discussed in paragraph 2 above. The Court agrees that Carl Ferrer willbe sentenced frst inthe federal matte. 13. In the event Carl Fener is sentenced to prison in the federal system, he may serve his Texas prison sentence in federal facility, The sentence Carl Ferer receives in this matter shall un concurrent the sentence he receives inthe federal matter. 14, Neither the Cour, the Distret Attomey or the Attomey General of Texas will communicate tothe Texas Board of Pardon ‘and Paroles a protest to Carl Ferrer being granted parol, 15, The Cour, the District Attomey, and the Attomey General of Texas agree that Carl Ferrer may be released on bond, subjoct to necessary bond conditions, uring the time period affer he has been sentenced by ‘Texas but before his federal prison sentence begins, If Carl Ferrer is not sentenced to prison inthe federal syste, his Texas sentence in TDCI Institutional Division will begin imunediately upon sentencing, 16, Carl Ferrer, the District Attomey, and the Attontey General of Texas agree that Carl Ferrer will plead guilty 1 Count of ‘Money Laundering, ‘Texas Penal Code, Section 34.02, a Second Degree Felony. Carl Femer, the District Attomey, and the ‘Attomey General of Texas agree that, subject to Paragraph 10 above, in exchange for his plea of guilty and other terms stated herein, Carl Ferrer willbe sentenced to a cap of'S years inthe Texas Department of Corrections Institutional Division. Cari Ferrer will make no application for probation or deferred adjudication. Carl Ferret, the District Attomey, and the Atfomey General of Texas shall have the right to argue for any sentence within the cap of 5 years, from a minimum of 2 ‘years to’a maximum of S year in the Texas Department of Corrections Institutional Division atthe time of sentencing, The District Attomey and the Attomey General of Texas shall in good faith consider the nature and extent ofthe Defendant's ‘cooperation in whatever sentencing recommendation is made tothe court Other Terms: Fine of 1,500 due at sentencing and Court Costs. ‘THE UNDERSIGNED certify they have READ ALL TERMS of the above agreement, and the agreement contains ALL the terms of the plea bargain to which they have agreed. Criminal Distriet Attomey ‘Nueces Coynty, Texas pt \SEC-1052 C ‘THE STATE OF TEXAS § IN THE DISTRICT COURT. 8 uo v. § B® unica. oismcr § CARL FERRER § ‘Nueces. counry, texas COURT'S WRITTEN ADMONISHMENTS TO THE DEFENDANT AND DEFENDANT'S WRITTEN WAIVER OF RIGHTS AND STIPULATION OF EVIDENCE ‘FOR PLEA OF GUILTY OR NOLO CONTENDERE NOW COMES THE DEFENDANT, and requests the Court to accept his plea of guilty to the offense alleged in the information in this case, and further states that prior to entering his plea, the Defendant has been provided! with the following admonishiments and understands the same, and that the Defendant farther waives the rights indicated herein and requests the ‘Court proceed by accepting his plea of guilty and assessing punishment without jury ‘WRITTEN ADMONISHMENTS TO DEFENDANT PUNISHMENT ASSESSED: “The Defendant is hereby admonished that any punishment recommendation of the State is not binding on the Const, Before any finding on the plea, the Court will inquire as to the existence of any plea bargain agreement between the State and the Defendant and, if'such exists, the court shall info the defendant whether it will follow or reject the agreement in open cout. LF the Court rejects the agreement, the Defendant will be permitted to withdraw the plea and no statement or other evidence received during the plea will be admitted against the Defendant on the issue of guilt or punishment in any subsequent criminal proceedings unless reoffered aad admitted at that time. any objections to the evidence were waived at the time of the plea bargain, those objections may be urged without prejudice ata later tial following rejection of the plea agreement 1, however, the punishment assessed does not exceed that agreed to by the Defendant and recommended by the State, the ‘tial court must give its permission to the Defendant before he could prosecute an appeal on any matter in the ease except for ‘those matters raised by written motions filed prior to tral, unless the Defendant expressly waived such right. (CITIZENSHIP: ‘The Defendant is hereby admonished that if he isnot a citizen ofthe United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal aw. MENTAL COM 'VTOSTAND TRIAL: “The defense counsel and the Defendant hereby represent thatthe Defendant is competent to stand trial, and based upon all evidence presented, the Court hereby finds the Defendant competent. ‘The Defendant is hereby admonished! he will be required to meet the registration requirements of Chapter 62, Texas Code of Criminal Procedure if convicted or plied on deferred adjudication for an offense for which a person is required to register under that chapter. ‘The Defendant hereby acknowledges thatthe attomey representing the Defendant has advised the Defendant regarding registration requirements under Chapter 62. ‘The attorney representing the Defendant also represents tothe court that said attorney has advised the Defendant regarding registration requirements under Chapter 62. COMMUNITY SUPERVISION ‘The Defendant is hereby admonished that, if granted community supervision, the Court shall determine the conditions of community supervision, The Court may impose any reasonable condition that i designed to protect or restore the community, proteet or restore the victim of the offense, or punish, rehabilitate, or reforin the Defendant, All such reasonable conditions are Within the parameters ofthis plea bargain apreement except those specifically excluded as part ofthe written plea agreement, Defendants Initials Page | of 6 JUENCES OF DEFERRED ADJUDICATION: ‘The Defendant is hereby admonished that ithe is eligible, he may be granted deferred adjudication community supervision as a result ofthis plea. IPthat defered adjudication is subsequently adjudicated as a result of violations of the community supervision, the Defendant may then be senfenced to any tem of years within the range of punishment reflected above, and the Court will not be limited in ts sentence fo the number of years in the deferred adjudication community supervision “SHOCK” COMMUNITY SUPERVISION The Defendant is hereby admonished that ihe is eligible, he may be considered for “shock” community supervision if called for by the plea agreement, pursuant to under article 42.12, §6 oF §15(f), Texas Code of Criminal Procedure. Ifthe plea agreement does recommend that the court consider suspension of the sentence within the period of the court’s continuing jurisdiction, the Defendant is riot guaranteed release—the court's determination will be based on review of the Defendant's record while imprisoned or confined. Ifthe Defendant fils fo file @ motion requesting suspension of the remainder of the sentence within the time required to allow the coart to act upon the motion within 180 days from the date the execution of the sentence begins, or if the Defendant's recor! while imprisoned or confined does not, in the court's opinion, warrant further suspension of my sentence, then the court may deny the motion under article 42,12, §6 or §15(A) without a hearing, regardless of the plea agreement PSYCHOLOGICAL/DRUG/ALCOHOL ABUSE EVALUATION & COUNSELING ‘The Defendant is admonished that, prior to sentencing, he will be assessed by the Community Supervision and Corrections Department to evaluate his noods relating to counseling for substance abuse or mental health, Under this plea agreement, the court may assess in-patient treatment, including confinement of up to one year in a substance abuse treatment facility operated by the Texas Department of Criminal Justice pursuant to art 42.12, $14, Texas Code of Criminal Procedure, OF PUNISHMENT FOR OFFENS (| STATEJAIL FELONY ‘Notiniore than 2 years or less than 180 days confinement in a state jail facility, and in adltion, a fine not to exceed $10,000.00. (1 3" DEGREE FELONY. ‘Not more than 10 years or less than 2 years in TDCHID, and in addition, ‘+ STATEJAIL FELONY W/DEADLY WEAPON, affine not to exceed $10,000 .0. FINDING OR 3GPRIOR CONVICTION ‘+ HABITUAL STATEJAIL FELON El 2°DEGREE FELONY “Not more than 20 years or fess than 2 years in TDCIID, and in addition, ‘+ STATEIALL FELONY W2F100R FELONY a fine not to exceed $10,000.00. (CONVICTIONS “+ THIRD DEGREEFELONY W/1 PRIOR FELONY cONVICHON (1 DEGREE FELONY Life or any term not more than 99 years nor less than 5 years in TOCI- 1 DEGREE FELONY WIPRICRFELONY ID, and in adliton, a fine not to exceed $10,000.00. ‘conviction (0 B'DEGREE FELONY (PRIOR, "Life or any term not more than 99 years nor less than 15 years in TDCJ- | CONVICTION) ID, and in addition, a fine not to exceed $10,000.00. j (1 HABITUAL FELONY OFFENDER Life or any term not more than 99 years nor less than 25 years in TDCI- WD. - _ _ (1 CAPITAL FELONY (DEATH PENALTY Life in prison without the possibility of parole WAIVED) Defendant's Initials Page 2 of 6 COURT FEES, COSTS, FINES, AND RESTITUTION: The Defendant is admonished that court foes, costs, fines, and restitution assessed in a criminal judgment shall be paid in Cone or several sums as ordered by the count, Ifa defendant is sentenced to pay a fine or costs or both and the defendant defaults in payment, the court after @ hearing may order the defendant confined in jail until discharged, or may order the defendant to discharge the fines and costs through work, community service, or otherwise as provided by law. The court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense or to the compensation to victims of crime fund, This restitution may be to compensate for property damage, loss, oF destruction, or any expenses incured by the victim as a result of the offense and may be ordered to be paid to the crime victim, the crime victims compensation fund, the erime vietim’s estate, a person who has compensated the vietim for losses related to the offense, or another entity on the victim’s behalf. Restitution may be ordered to be paid immediately upon sentencing, or in specified instalments so as to require fll efituton be paid not be later than: (A) the end of the period of probation, if probation is ordered; (B) five years after the end of the term of imprisonment imposed, ifthe court does not order probation; oF (C) five ‘years afier the date of sentencing in any other case. A sentence of imprisonment ora revocation of community supervision after a suspended sentence or deferred adjudication does not relieve a defendant of his obligation to pay restitution as ordered. Whether a defendant is placed on community supervision or is paroled or rekased on mandatory supervision, the court or the parole panel shall order the payment of restitution asa condition of community supervision, parole, ar mandatory supervision. The Defendant is further admonished that funds in a prison inmate's ist account may, upon court order, be withdravin, seized or gamished to pay any unpaid cour fees, cos ani fines associated with this conviction, The Defendant understands that the as part ofthis agreement, waives the right fo the appointment of legal counsel to pursue any legal, equitable, or administrative proceeding to prevent the Texas Department of Criminal Justice from withdrawing, gamishing or seizing funds from his inmate ‘rust account to pay any unpaid fine, cout costs or court fees. The Defendant is further admonished that failure to pay restitution assessed by the court may results in the filing ofa Hien against any interest ofthe defendant in: 1) real property 2) tangible or intangible personal propety, or 3) a motor vehicle, The Defendant acknowledges that a restitution lien may be filed at any time an outstanding restitution order remains unpaid, without regard to whether the Defendant is under community supervision, in jail or prison, on parole, or has been released from custody or supervision. WAIVERS AND STIPULATIONS ‘The said Defendant represents to the Court as follows: 1.1, Carl Ferrer, aun mentally competent now and was sane at the time this offense was committed; 2, Mypkea isentered without any consideration of fear, and [have not been threatened in any manner whatsoever; 3, Mypplea isentered without persuasion and I have been promised nothing for my entering such plea; 4, Tunderstand thatthe recommendation of the prosecuting atom as to punishment isnot binding on the Court, ‘5, [filly understand thatthe Court may acceptor reject any plea bargain agreement made between the State and myself, 6. [fully understand that, should there be such an agreement, and the Court rejects any such plea bargain agreement, 1 shall be permitted to withdraw my plea of guilty, and that no statement or other evidence received during such hearing ‘on my plea of guilt may he admitted against me on the issue of guilt or punishment in any subsequent criminal proceeding; 7. understand that i the punishment does not exceed the punishment recommended by the prosecutor and agreed to by ime and my attomey, the tral court must give its permission to me before I may prosecute an appeal on any matte in the case except those maiters raise by written motion filed prior to tral 1 father understand that the Court is unlikely {o grant such permission where Iam not legally entitled to an appeal 8 Lumderstand that if am not a citizen of the United States of America, a plea of guilty or nolo contendere forthe offense ‘charge may resuit in deportation, the exclusion from admission to this country, or the denial of naturalization under federal lav. [affirm to the Court that I have consulted with my atfomey and am satisfied that ! understand the actual and potential consequences with respect to my immigration status that my plea in this case may initiate. CA _ Defendant's Initials Page 3 of 6 WAIVER OF ARRAIGNMENT AND WAIVER OF TEN DAYS TO PREPARE FOR TRIAL BY COURT APPOINTED COU 1, Carl Ferer, afier consulting with counsel and upon the advice of counsel, stipulate that Tam one and the same person named in the instant information and 1 further stipulate that the name set forth in the information is my correct name. Furthermore, stipulate that with the assistance of counsel, lly understand the nature of the charge and allegations against me and hereby waive any and allright to a formal arraignment. Furthermore, T would show this Court that Tam represented by counsel, ether by retaining an attomey or, duc to my inability to afford an altomey, by the Coust’s appointing counsel. 1 acknowledge that my counsel and [are entitled to at least 10 days to prepare for trial unless such time be waived in writing by myselfand my attomey. Now therefore, land my attomey have waived and do hereby expressly waive any further time allowed by law, statutory oF otherwise, and announce ready for trial and request that this Court proceed to hear the tal ofthis cause at this time. WAIVER OF JURY: ‘Now, in writing and in open Cour, I, Carl Fem, in person and by attomey, both agree that this ease may be tried by the ‘Court without the intervention ofa jury both understanding that any recommendation tothe Court made by the State on the isstte ‘of punishment need not be accepted nor approved by the Court, and we both consent to the Court assessing punishment in such ‘manner as the Court fels justified under the evidence. WAIVER OF 30 DAYS TO FILE MOTION FOR NEW TRIAL: 1, Carl Ferrer, Defendant in this cause, joined by my attomey, in open Court waive the time allowed by law forthe filing of ‘a Motion for New Trial, and request that the Court impose sentence at this ime. sistant C fet Attorney WAIVER OF RIGHT OF APPEAL: 1, Carl Ferrer, Defendant in this cause, ia writing and in open Court, with counsel, state that I understand that I have a right to appeal the convietion herein, and that following 2 conviction, ifa defendant is indigent and desires to appeal, counsel will be appointed at no cost tothe defendant, Now, understanding all rights inthis connection, | waive and abandon all rights of appeal in this cause, including rights of appeal as to any pre-trial matters and competency of defense counsel WAIVER OF HABEAS CORPUS 1, Carl Ferer, Defendant inthis cause, in writing and in open Court, with counsel, further state that L understand my right to seek post-conviction relief from the court's sentence by filing an application for a writ of habeas corpus under article 11.07, Texas Code of Criminal Procedure, As part of my agreement withthe State, I herchy knowingly, voluntarily, and intelligently ‘waive my right to seek refeF pursuant fo a post-conviction application for a wrt of habeas corpus involving any elnims— sfatutory, Constitutional, or otherwise—which are known or reasonably should have been known to me at this time. WAIVER OF REVIEW 1, Carl Ferrer, Defendant in this cause, in writing and in open Court, wth counsel, father state that the plea agreement in this case has been negotiated with full consideration for the Kength of the term of community supervision, including, any conditions precedent for which early termination or reduction of the term of the community supervision should be granted. 1 therefore waive any review or time credits to which 1 would otherwise be entitled by article 42,12, §20(a), except as set out and described in this plea bargain agneement. WAIVER OF FULL DISCOVERY 1, Carl Ferer, Defendant inthis cause, in waiting and in open Court, with counsel, further state that L waive my right to fill discovery liom the Slate of Texas prioe fo entering into this plea agreement, While Thave not received discovery fiom the State ‘of Texas in regard to these charges, I have had full opportunity to review the relevant discovery from the State of California and believe with advice of counsel that it is in my best interests fo proceed with this plea agreement, In adltion, lam waiving my right to appeal any discovery ise that should arise 2 t Defendants initials Page 4 of 6 WAIVER OF SHOCK PROBATION 1, Carl Ferrer, Defendant in this cause, in writing and in open Court, with counsel, farther sate that the plea agreement this case has been negotiated with full consideration for potential actions of the court during its continuing juvisdiction afer sentencing inthis ease. As part of my agreement with the State, [will not apply for or request, and [understand [ will not be considered for “shock probation” or suspension of my sentence under article 42.12, §§6 or 15(0) unless the plea barzi ‘agreement explicitly provides for such consideration, VOLUNTARINESS OF PLEA AND STIPULATION OF EVIDENCE “The Defendant herein in open Court and in writing, and with the advice and consent of counsel, and by and through this instrument, acknowledges the following: “T understand the nature of the charges against me, and | further understand the foregoing admonishments by the Cour, and | farther understand the consequences of my plea herein, and [agree that the evidence in this ease may be stipulated and waive the appearance, confrontation, and cross-examination of the witnesses, and further consent to the introduction of testimony by affidavits, written statements of witnesses, and other documentary evidence in support of the judgment of the Cou, and further state that | flly understand such stipulation and freely and voluntarily make such waiver. Under article 1.14, Code of Criminal Procedure, I give up all rights given to me by law, whether of form, substance or procedure, hereby frvely, knowingly and voluntarily waive any Constitutional or statutory protections and privileges against sel ination which may apply in both the determination of guilt and the assessment of punishment in this case. I further admit and stipulate that each and every allegation contained in the information herein is ue and comrect” ‘STIPULATION OF EVIDENCE: 1, Carl Femer, hereinafter refered to as Defendant, on or about September 1, 2015, through December 31, 2017, in Nueces County, Texas, knowingly aequired, maintained an interest in, concealed, possessed, transferred or transported the proceeds of criminal activity, or conducted, supervised or facilitated a transaction involving the proceeds of criminal activity; or invested, expended or reveived the proceeds of criminal activity or funds that Defendant Entities believed are the proceeds of criminal activity, namely: United States currency or its equivalent, and said finds were acquired or derived diretly or indirectly from criminal activity, namely conduct prohibited by Texas Penal Code Section 32.32-—-False Statement to Obtain Property or Credit or in the Provision of Certain Servives, and all proceeds ofthe criminal activity were related fo one scheme or continuing course of conduct and the aggregate value of the proceeds is $150,000 or more but less than $300,000, Thereby stipulate as to the authenticity of the documentary evidence attached herefo, Cl Lm —< Defendant's Signature Defendant's Tits Page 5 of 6 “Its my desire to enter a plea of guilty in the foregoing entitled and numbered cause. Upon inquiry by the Court, hereby state that am entering my plea of guilty freely and voluntarily, and only because Iam guilty. 1 futher confim that | completely understand all ofthe written waivers, stipulations and motions filed in connection with the plea, and thatthe execution of each ‘as done fively, knowingly and voluntarily, and that [am guilty as charged, “1 feel that [have been adequately and competently represented by my attomey and I state that Lam totally satisfied with my lawyer's representation of me as evidenced by my signature below. The Judge of this Court has advised me, and 1 fully understand, that the amount of punishment that I receive and whether or not I eeeive a probated sentence is within the sole

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