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- 2026-10-23 01:53
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[Music] Um one page it says motion to proceed in form aoperus I able Estrada Jr. is disabled and am requesting for a waiver of court fees for the appellet court sincerely Abel Estrada Jr. and it's signed and dated 228 to 25. [Music] Well, apparently, Mr. Dean, that's up to the district court to make that determination on an appeal. I would have thought the appellet court would have made that. I That would be my understanding as well. I don't know what letter Mr. Straw is speaking of. We don't have anything. I don't have anything that shows I've got the notice of appeal. Welcome to facts or [Music] frauds. Now then, let's thank up Abel Estrada Jr. Mr. Estrada, you'll need to start your audio and your video. Okay. All right. We are on the record in 2024 TR 617, state of Kansas versus Abel Estrada, Jr. Assistant County Attorney Paul E. Dean for the state. The defendant appears in person and prosay. Well, the defendant see this first appearance back in October of 24 after being dismissed and refiled from municipal court and some failures to appear. Then we had a bench trial February 14th, 2025 and the defendant was found guilty and ordered to pay $108 in court costs and the scheduled fine with the court specifically ordering that if he appeals an appeal bond set at the amount of cost and fines had to be uh paid before or at the time of the appeal. We had a payer appear review February 28th, 2025. Somehow he uh was attempting and made some efforts to file the appeal without a bond. and had gone through a couple of attorneys and then ended up representing himself also determine whether he's actually properly docketed it. He's told us that he has he's told us that he's talked to people in the clerk's office and then taken care of. To date, there is not one piece of paperwork in my file that shows anything from the court of appeals which we would have received electronic notification. Should have received notification of the docketing. should have received notification of any motion that he filed to wave for the court of appeals to to wave the appeal bond. I believe you referenced something of that nature some time. I may be mistaken on that. That's that's why I was walking through the history. That's what I'm finding too. when he was here May 9th, 2025. Another payer peer review. Uh let's see. The defendant said he is outside the jurisdiction of this magistrate as he is strictly under the appeal court authority that he had an appeal court case number. So I could not enforce the order for appeal bond or sentence. basically. So, uh, have you paid it? Does, Mr. Estrada, did you pay the fine ordered of 158? The court file says you haven't. Looks like you had a 108 court costs and a $50 fine for illegally display of license plate or not displayed. Your honor, I I I take that back. I think my office has finally found something. Okay. It just has not the paperwork has not hit the file. Uh looks like transcripts been completed. Oh, well table of Okay, we did receive apologize. Notice court docketing notice. Appellet court docketing notice. So I think actually at this point in time with that and that I don't know why it took so long to get to us but with that we can remove this case from this docket and we will take care of it at the court of appeals. Let me see if I find everything okay suspension. I will have my office I'm going to ask them to file that of record in this at the trial court level. That way we have that in there. Judge, you don't see you you can't see that from your end. Well, let me see. I'm seeing the transcripts. And we did receive a a letter. It's probably an emailed letter, but it is uh appellet court case number one 128,986. Okay. So, okay, I did find it. Thank you. At this point in time from the district from the district. Okay. So, all right. Well, we will just wait and see what the court of appeals thinks about your conviction. And I guess they're not going to enforce the order to pay the bond. So, if the court of appeals decides that piece of paper was sufficient for requirements of tag violations, they'll let you go and it'll be over. But if they find that the conviction should be sustained, that that piece of cardboard that you bought from someone uh was not a legal tag, then they'll let us know and you'll still owe that money. Now, what I'm wondering, Mr. Uh Dean, I think we might need to look at what appears to be some suspensions on his record for not payment because if those suspensions for non-payment were filed by our county clerk or our district clerk after the appeal was docketed. There may those may need to be revisited if they were done by the Department of Revenue and Topeka at any point in time. I can't overrule the or override them. You have any thoughts on that? Um, your honor, I I don't know who would have initiated that. I because the the case had been on continuence. I mean, I think the order is quite clear in this case. uh they would have received that notice of appeal. So I I guess we just need to reach out to the clerk's office. Missy, if you could reach out to them on that, maybe we could find out an answer to that. I I would agree there should be no suspensions as a base from this case that the court of appeals has indicated uh on the letter that I just saw that it was they considered properly timely docketed. Um the appeal is timely filed. So I there should be no no suspensions as a result of this matter until we're back here or it's the court of appeals says that it's overturned. But Mr. Estrada, you might be mindful and check your driver's license and see if the status is suspended. uh because it could cause you some grief if you're out there driving around with a suspended license. Even though we may be able to clarify it eventually and correct if if it needs correct correct eventually, but it could cause some headache for both you and uh for this court and the prosecutor having to come back and visit that. So, and Mr. Straddle, why I've asked uh judge's administrative assistant check with the clerk's office because she's right down the hall from them. Um I think it would probably also behoove you to contact the department, Kansas Department of Motor Vehicles and question them about that status. Uh you may find it easier to to send them a fax. They're quite difficult to get by uh to get a hold of anybody by phone. Um in any event, that's all I have on. Okay. Well, I did get three different letters uh saying that I needed to pay and I called them and I told them that uh I'm already in the appellet court and uh there's no reason why I should be suspended. Is this going to cost me any more problems? Is there something that I can call you back so they you can confirm to whoever I'm talking to? I you don't need to convince me of anything on that issue. I what I'm telling you is I'm agreeing with you, but to the state of Kansas for some reason has a different opinion and I think they're wrong. I'm just telling you you ought to probably reach out and try to call speak to them further yourself. Perhaps send them a copy of the uh appellet court docket docketing statement, things of that nature. Maybe that'll help uh clear it up for All right, your honor. Uh, can we take a short break before we get into our 10:00? I don't have anything further. All right. Uh, we're just going to hold tight until the appeal is done. I'm not going to set another case this time. Mr. Estrada, you're excused from today's hearings. Hi. Well, that's just about it. So, so thanks for watching and we'll see you again real soon. And thanks for hanging out with us. on facts or frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comments section telling me what you think. Fact, fact, fascinating. I wish you could see the studio floor right now. There's nowhere more fascinating after a show. Everyone's so busy like like bees or white Anglo-Saxon Protestants. And a huge thank you to all of our Facts or Frauds channel members. [Music] If you'd like to become a member, click on the link in the description or click join right next to subscribe. There's electricians all rolling up their cables. Whoops. Sorry, guys. And there's the sound technicians unplugging all the microphones. Okay, if I keep mine on for a minute, Na'vi, stand up. Now, if you're still hanging out, thank you. I appreciate you all. Why not hit that thumbs up button? Make sure you subscribe, ring the bell, and leave a comment in the comment section. Tell me what you think. Until next time, I'll see you [Music] soon. And of course, there's lots of the producers friends all excited, waiting to meet the stars, and generally getting in everybody's way. Just like our producer. Oh, we don't mind. Oh, and not forgetting the prop guys. They're busy striking the set. That's an interesting little point there. Striking. That's a word we all use in the biz for dismantling the set, taking it apart, unscrewing things, releasing safety catches, that sort of thing.
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