DEFENSE COUNSEL: Mr. Garza and I met, Judge, last Thursday on the jury docket call back here in the custody area. That would be May 24, '07. I made an entry on my file, "Mr. Soane has offered a 12-year cap." There were some discussions about my client working with law enforcement to do some patriotic things, but since he has been incarcerated he's not been able to do that. As so, therefore, that's kind of off of the table and not a consideration any longer.

. . .

But in any event, we're here for trial today and that has not occurred. So therefore he either enters a plea, I have explained to him, or he goes to trial. And the plea offer is a 12-year cap. I discussed with him what a cap is, that this Court would have discretion - absolute discretion, when a PSI was performed - a Pre-Sentence Investigation report by probation and he would be out on a personal recognizance bond if that were to occur, as Mr. Soane indicates is part of the offer. And he, he would enter, and this Court then could go all the way from probation, in its sentencing that would occur, up to 12 years in prison.

And I've got to say that I have, I'd like to maintain attorney/client confidentiality on my advice to him. But his decision, knowing all of that, is to proceed to trial and not run the risk of the Court determining his punishment. That is my client's decision.

TRIAL COURT: Okay.

DEFENSE COUNSEL: Regardless of my recommendations.

TRIAL COURT: I understand.

DEFENSE COUNSEL: Is that correct, Mr. Garza?

GARZA: Yes, sir.

TRIAL COURT: Okay.

DEFENSE COUNSEL: Is there anything that I misstated or left out?

GARZA: No, sir.


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