Appellate Court Document

MARY E FULLER, J-JUDGE 

CLERK: KF1-KIM FEMATT 

CERTIFIED COURT REPORTER: BM-BARBARA MEDRANO CSR# BM-12279 

BAILIFF MIKE RUIZ 

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APPEARANCES

DEPUTY DISTRICT ATTORNEY MICHAEL DOWD PRESENT. 

ATTORNEY CP-DAVID GOLDSTEIN PRESENT. 

DEFENDANT PRESENT IN CUSTODY.

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PROCEEDINGS

ACTION CAME ON FOR POST DISPO HEARING

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OFF THE RECORD, COURT AND COUNSEL AT BENCH. 

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DDA DOWD -AT THE REQUEST OF VICTIMS FAMILY- 

REQUESTS THE FAMILY BE ALLOWED TO MAKE ADDITIONAL 

VICTIM IMPACT STATEMENTS BEFORE THE COURT. 

DEFENSE OBJECTS TO THE REQUEST. 

COURT DENIES THE REQUEST. 

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RESTITUTION FINE IMPOSED IN THE SUM OF $8740.00 PURSUANT TO 1202.4PC, PAYABLE TO THE VICTIM COMPENSATION & GOVERNMENT CLAIMS BOARD TO BE COLLECTED BY DEPARTMENT OF CORRECTIONS. 

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CLERK'S OFFICE TO NOTIFY DEPT OF CORRECTIONS OF COURTS ORDER. 

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CUSTODY STATUS

CASE CUSTODY - STATE PRISON

DEFENDANT REMANDED TO THE CUSTODY OF THE SHERIFF TO BE DELIVERED TO CALIFORNIA DEPARTMENT OF CORRECTIONS AT CHINO 

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DEFENDANT COMMITTED TO STATE PRISON. THIS IS A TEMPORARY NOTICE. FORMAL PACKET TO FOLLOW.

MARY E FULLER, J-JUDGE 

CLERK: KF1-KIM FEMATT 

CERTIFIED COURT REPORTER: BM-BARBARA MEDRANO CSR# BM-12279 

BAILIFF MIKE RUIZ 

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APPEARANCES

DEPUTY DISTRICT ATTORNEY MICHAEL DOWD PRESENT. 

ATTORNEY CP-DAVID GOLDSTEIN PRESENT. 

DEFENDANT PRESENT IN CUSTODY.

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PROCEEDINGS

ACTION CAME ON FOR SENTENCING

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COURT HAS READ AND CONSIDERED PROBATION OFFICER'S REPORT.

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VICTIM STATEMENT GIVEN BY DEBORAH CASE IN OPEN COURT. 

VICTIM STATEMENT GIVEN BY JUSTIN CASE IN OPEN COURT. 

COURT READS AND CONSIDERS LETTERS SUBMITTED BY 

OTHER FAMILY MEMBERS. 

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DISMISSALS

ON MOTION OF PEOPLE, PURSUANT TO PLEA BARGAIN, COUNT 2 5 6 7 ORDERED DISMISSED; REASON: 1385 PC 

DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.

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FINDINGS/ADVISALS:

PURSUANT TO SECTION 13202B, VEHICLE CODE, THE COURT FINDS A MOTOR VEHICLE WAS NOT USED IN THE COMMISSION OF THE OFFENSE.

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THE COURT FINDS THAT THE DEFENDANT DOES HAVE THE PRESENT ABILITY TO PAY APPOINTED COUNSEL FEES IN THE AMOUNT OF $500.00 THROUGH CENTRAL COLL. 

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THE COURT FINDS THAT THE DEFENDANT HAS THE PRESENT ABILITY TO PAY THE COSTS OF CONDUCTING THE PRE-SENTENCE INVESTIGATION AND PREPARING 

THE REPORT PURSUANT TO SECTION 1203.1(B) OF THE PENAL CODE. THEREFORE THE DEFENDANT IS ORDERED TO PAY $505.00 THROUGH CENTRAL COLLECTIONS. 

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CRIMINAL ASSESSMENT AND COURT OPERATIONS ASSESSMENT OF $70 PER CONVICTION FOR COUNT(S) 1 PAYABLE TO CENTRAL COLLECTIONS. 

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PURSUANT TO PC296(A)(1) THE SHERIFF IS DIRECTED TO OBTAIN THE REQUIRED SAMPLES FROM THE DEFENDANT UNLESS THE SHERIFF VERIFIES THAT A PC 296 SAMPLE

HAS BEEN PREVIOUSLY BEEN OBTAINED FROM THE DEFENDANT AND IS CURRENTLY ON FILE

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REST FINE OF $200.00 PURSUANT TO 1202.4 PC 

PAYABLE TO REST FUND TO BE COLLECTED BY DOC.

RESTITUTION FINE TO ALSO INCLUDE AN ADDITIONAL 10% 

PURSUANT TO SAN BERNARDINO CODE 16.0230(N). 

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REST FINE OF $200.00 PURSUANT TO 1202.45 PC 

STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.

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COURT RETAINS JURISDICTION ON ISSUE OF RESTITUTION PURSUANT TO PC1202.46.

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PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS:

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SENTENCING INFORMATION

AS TO COUNT 1, THE COURT IMPOSES THE MID TERM OF 6 YEARS AND 0 MONTHS. 

PRINCIPAL COUNT DEEMED COUNT # 1. 

SENTENCED TO STATE PRISON FOR A TOTAL TERM OF 6 YEARS AND 0 MONTHS. 

CREDIT FOR TIME SERVED ( 1580 ACTUAL + 237 CONDUCT) FOR A TOTAL OF 1817 DAYS. 

CONDUCT CREDITS PURSUANT TO PC2933.1. 

COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.

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RESTITUTION HEARING SET FOR 12/15/2011 AT 8:30 IN DEPARTMENT R3. 

DEFENDANT ORDERED TO APPEAR ON HEARING DATE.

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CUSTODY STATUS

CASE CUSTODY - IN CUSTODY

BAIL REMAINS AS SET.

==MINUTE ORDER CHANGED OR CORRECTED BY KIM FEMATT TO DISPO HEARING; CHANGES MADE ARE AS FOLLOWS: CORRECT NAME FROM JOSHUA TO JUSTIN== 

=======MINUTE ORDER CORRECTED ON 12/16/2011========== 

MARY E FULLER, J-JUDGE 

CLERK: ERC-ELAINE CARLOS 

CERTIFIED COURT REPORTER: JF-JANE FOLMER CSR# JF-2331 

BAILIFF MIKE RUIZ 

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APPEARANCES

DEPUTY DISTRICT ATTORNEY MICHAEL DOWD PRESENT. 

CONFLICT DEFENSE PANEL DAVID GOLDSTEIN PRESENT. 

DEFENDANT PRESENT IN CUSTODY.

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PROCEEDINGS

ACTION CAME ON FOR TRIAL READINESS

OFF THE RECORD, COURT AND COUNSEL AT BENCH. 

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CHANGE OF PLEA FORM FILED (DECL BY DEFENDANT) FILED.

THE COURT, AFTER READVISEMENT OF EACH OF THESE RIGHTS, FINDS THAT THE DEFENDANT UNDERSTANDS THE CHARGE(S), THE POSSIBLE

PENALTIES, RIGHT AGAINST SELF-INCRIMINATION, TO CONFRONT AND CROSS EXAMINE WITNESSES, TO A PUBLIC AND SPEEDY TRIAL, TO JURY

TRIAL, TO HAVE AN ATTORNEY PRESENT AT ALL STAGES OF THE PROCEEDINGS AND TO THE PUBLIC DEFENDER IF INDIGENT AND TO THE

COMPULSORY PROCESS OF THE COURT TO SUBPOENA WITNESSES.

THE DEFENDANT FREELY, VOLUNTARILY, KNOWINGLY, INTELLIGENTLY, EXPRESSLY WAIVES THESE RIGHTS IN OPEN COURT.

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PLEA INFORMATION

DEFENDANT'S PLEA IS TO AN LIO (LESSER INCLUDED OFFENSE) IN COUNT 1, A VIOLATION OF 192(A) PC. 

DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF NOLO CONTENDERE AS TO COUNT(S) 1 PER PLEA BARGAIN (INCORPORATED BY REFERENCE HEREIN). 

COURT ACCEPTS PLEA OF NOLO CONTENDERE AND FINDS DEFENDANT GUILTY BASED ON PLEA.

PLEA PURSUANT TO PEOPLE V WEST.

COURT FINDS PLEA IS BASED ON FACT.

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DISMISSALS

REMAINING COUNT(S) TO BE DISMISSED AT TIME OF SENTENCING.

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TRIAL DATE VACATED.

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HEARINGS

SENTENCING SET FOR 12/09/2011 AT 8:30 IN DEPARTMENT R3. 

DEFENDANT ORDERED TO APPEAR ON HEARING DATE.

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DEFENDANT WAIVES TIME FOR SENTENCING.

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REFERRAL

REFERRED TO PROBATION OFFICE FOR PRESENTENCE INVESTIGATION AND REPORT.

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CUSTODY STATUS

CASE CUSTODY - IN CUSTODY

BAIL REMAINS AS SET.

PROBATION OFFICE NOTIFIED.

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