Judge revokes Vanessa Rubio’s community supervision, sentences her to 18 months in state jail

A judge revoked the community supervision of Vanessa Rubio and sentenced her to 18 months in a state jail facility after the parties told the court they would proceed without previously requested medical records.

The court found violations 4 and 4 true and, after the parties confirmed an agreement on sentence length, said, “The court is gonna grant the motion, revoke you, sentence you to 18 months in the state jail facility, give you credit for any time served.”

The judge told Rubio she had waived rights associated with a plea bargain and reviewed a Trial Court Certification of Defendant’s Rights to Appeal. The court also advised Rubio that because the conviction is a felony she may not own or possess weapons or ammunition.

Defense attorney Alfonso Otero told the court the defense had been unable to provide the requested medical documentation and said, “No, judge. We were unable to do that. And, last time, we reached an agreement with the state. We're not gonna provide the records.” The judge confirmed the defense was proceeding without those records.

The court imposed conditions in addition to the custodial sentence: Rubio is prohibited from residing with minors and ordered to have no contact with several people named in court, including William Gordon and Nicholas Sarabea. The court asked whether restitution had been paid to a person identified as Kyle Born; the transcript indicates no restitution was ordered.

The court advised Rubio on the effect of the plea bargain and the limits on appeal. The judge also told her she would receive credit for time already served and closed the hearing after confirming the defendant’s understanding.

Provenance: the hearing for 2023 CR 4281 A (State v. Vanessa Rubio) began when the court called the case and announced the parties; the transcript shows the discussion of medical records, the parties’ agreement, and the court’s sentencing remarks in the same proceeding.