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Wrongfully convicted and sentenced Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Procedure, Criminal Court' started by choochoo, Mar 29, 2009.

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  1. choochoo

    choochoo Law Topic Starter New Member

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    Case FVI024471 Defendant 537328 GASTON, RICHARDS MATTHEW

    Action: SENTENCING Date: 02/09/2009 Time: 8:31 AM
    Division: V4 Hearing Status: DISPOSED

    MIRIAM I. MORTON

    CLERK: MJC-MARY CONRAD

    CERTIFIED COURT REPORTER: BE-BRENDA ELIA CSR# BE-11830

    DEPUTY DISTRICT ATTORNEY BRYAN STODGHILL PRESENT.

    DEPUTY PUBLIC DEFENDER HERB WILLIAMSON PRESENT

    DEFENDANT PRESENT IN CUSTODY.

    -

    PROCEEDINGS

    ACTION CAME ON FOR SENTENCING

    COURT HAS READ AND CONSIDERED PROBATION OFFICER'S REPORT.

    SUPPLEMENTAL PROBATION REPORT FILED.

    OFF THE RECORD, COURT AND COUNSEL CONFER IN CHAMBERS

    -

    DEFENDANT ADMITS VIOLATION OF CRUZ WAIVER.

    COURT FINDS DEFENDANT IS IN VIOLATION OF CRUZ WAIVER.

    -

    FINDINGS/ADVISALS:

    PURSUANT TO SECTION 13350, VEHICLE CODE, THE COURT FINDS A MOTOR VEHICLE WAS NOT USED IN THE COMMISSION OF THE OFFENSE.

    THE COURT FINDS THAT THE DEFENDANT DOES HAVE THE PRESENT ABILITY TO PAY APPOINTED COUNSEL FEES IN THE AMOUNT OF $150.00 THROUGH CENTRAL COLL.

    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.

    COURT FINDS DEFENDANT ABLE TO PAY BOOKING FEES IN THE AMOUNT OF $79.86 TO CITY OF VICTORVILLE BY 12/01/09

    THE COURT FINDS THAT THE DEFENDANT DOES HAVE THE ABILITY TO PAY PROBATION SUPERVISION FEES PURSUANT TO SECTION 1203.1(B) OF THE PENAL CODE.

    THE COURT THEREFORE ORDERS THAT THE DEFENDANT PAY $15.00 PER MONTH THROUGH CENTRAL COLLECTIONS.

    THE ORDER OF VICTIM RESTITUTION, THE STATE RESTITUTION FINE, AND/OR ANY OTHER COURT ORDERED FINES OR FEES ARE TO REMAIN IN EFFECT UNTIL PAID

    IN FULL PURSUANT TO PC1202.4, PC1214, PC1203.1B AND ARE NOT TO BE DISCHARGED UPON TERMINATION OF PROBATION. PAYMENTS ARE DISTRIBUTED

    DAYS FROM RELEASE FROM CUSTODY OR 0 DAYS FROM TODAY IF WEEKEND CUSTODY IS IMPOSED. PAYMENTS MAY BE MADE BY MAIL OR IN PERSON.

    CASH PAYMENTS MUST BE MADE IN PERSON. ALL PAYMENTS SHOULD BE MADE PAYABLE TO CENTRAL COLLECTIONS, 157 W. 5TH STREET, 3RD FL, SAN

    BERNARDINO, CA 92415. TELEPHONE (909) 387-8303.

    PAYMENTS TO COMMENCE 30 DAYS FROM RELEASE FROM CUSTODY

    PROBATION REVOCATION RESTITUTION FINE IMPOSED IN THE SUM OF $220.00 PURSUANT TO 1202.44 PC; STAYED PENDING SUCCESSFUL COMPLETION OF PROBATION.

    AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICHINCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.

    AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.

    -

    SENTENCING INFORMATION

    FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT IS WAIVED; NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.

    PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS:

    AS TO COUNT 1, THE COURT IMPOSES THE MID TERM OF 2 YEARS AND 0 MONTHS.

    PRINCIPAL COUNT DEEMED COUNT # 1.

    SENTENCED TO STATE PRISON FOR A TOTAL TERM OF 2 YEARS AND 0 MONTHS.

    EXECUTION OF SENTENCE IS SUSPENDED.

    -

    FOR ALL CHARGES.

    SUPERVISED PROBATION GRANTED FOR A PERIOD OF 36 MONTHS ON FOLLOWING TERMS AND CONDITIONS:

    THAT THE DEFENDANT SHALL:

    SERVE 180 DAYS IN A SAN BERNARDINO COUNTY JAIL FACILITY,

    WITH CREDIT FOR TIME SERVED, A MATTER OF 71 DAYS,

    PLUS CONDUCT CREDIT PURSUANT TO 1-PC4019 ND ABIDE BY ALL RULES AND REGULATIONS OF THE FACILITY

    WITHOUT THE POSSIBILITY OF COUNTY PAROLE.

    VIOLATE NO LAW.

    REPORT TO THE PROB OFFICER IN PERSON IMMEDIATELY 2-UPON RELEASE FROM CUSTODY ND THEREAFTER ONCE EVERY FOURTEEN (14) DAYS OR AS DIRECTED.

    IF YOU ARE REMOVED FROM THE UNITED STATES, YOU ARE TO REPORT TO THE PROBATION OFFICER BY PHONE OR MAIL WITHIN FOURTEEN (14) DAYS OF YOUR RELEASE

    FROM IMMIGRATION CUSTODY AND INFORM PROBATION OF YOUR ADDRESS AND PHONE NUMBER.

    COOPERATE WITH THE PROBATION OFFICER IN A PLAN OF REHABILITATION AND FOLLOW ALL REASONABLE DIRECTIVES OF THE PROBATION OFFICER.

    SEEK AND MAINTAIN GAINFUL EMPLOYMENT, OR ATTEND SCHOOL, AND KEEP THE PROBATION OFFICER INFORMED OF STATUS OF EMPLOYMENT, OR SCHOOL.

    NOT LEAVE THE STATE OF CALIFORNIA WITHOUT FIRST OBTAINING WRITTEN PERMISSION OF THE PROBATION OFFICER.

    KEEP THE PROBATION OFFICER INFORMED OF PLACE OF RESIDENCE AND COHABITANTS AND GIVE WRITTEN NOTICE TO THE PROBATION OFFICER TWENTY-FOUR (24)

    HOURS PRIOR TO ANY CHANGES. PRIOR TO ANY MOVE PROVIDE WRITTEN AUTHORIZATION TO THE POST OFFICE TO FORWARD MAIL TO THE NEW ADDRESS.

    NEITHER POSSESS NOR HAVE UNDER YOUR CONTROL ANY DANGEROUS OR DEADLY WEAPONS OR EXPLOSIVE DEVICES OR MATERIALS TO MAKE EXPLOSIVE DEVICES.

    SUBMIT TO A SEARCH AND SEIZURE OF YOUR PERSON, RESIDENCE AND/OR PROPERTY UNDER YOUR CONTROL AT ANY TIME OF THE DAY OR NIGHT BY ANY LAW-ENFORCEMENT

    OFFICER, WITH OR WITHOUT A SEARCH WARRANT, AND WITH OR WITHOUT CAUSE (PEOPLE -V- BRAVO).

    NEITHER USE NOR POSSESS ANY CONTROLLED SUBSTANCE WITHOUT MEDICAL PRESCRIPTION. A PHYSICIANS'S WRITTEN NOTICE IS TO BE GIVEN TO THE PROBATION OFFICER.

    SUBMIT TO A CONTROLLED SUBSTANCE TEST AT DIRECTION OF PROBATION OFFICER. EACH TEST IS SUBJECT TO AN $11.00 FEE, TO BE COLLECTED BY CENTRAL COLLECTIONS

    NOT POSSESS ANY TYPE OF DRUG PARAPHERNALIA, AS DEFINED IN H&S11364.5(D)

    NEITHER POSSESS NOR CONSUME ANY ALCOHOLIC BEVERAGES NOR ENTER PLACES WHERE SUCH BEVERAGES ARE THE CHIEF ITEM OF SALE,

    AND SUBMIT TO TESTS AT THE DIRECTION OF THE PROBATION OFFICER.

    PARTICIPATE IN A COUNSELING PROGRAM AS DIRECTED BY THE PROBATION OFFICER,

    SUBMIT MONTHLY PROOF OF ATTENDANCE AND/OR SUCCESSFUL COMPLETION TO THE PROBATION OFFICER AS DIRECTED

    AND ABIDE BY ALL RULES AND REGULATIONS OF THE COUNSELING PROGRAM.

    AND BE RESPONSIBLE FOR PAYMENT OF ALL PROGRAM FEE(S).

    NOT ASSOCIATE WITH KNOWN CONVICTED FELONS OR ANYONE ACTIVELY ENGAGED IN CRIMINAL ACTIVITY B-OR CODEFENDANT(S) OR VICTIM(S).

    NOT ASSOCIATE WITH KNOWN ILLEGAL USERS OR SELLERS OF CONTROLLED SUBSTANCES,

    MAKE RESTITUTION TO THE VICTIM(S) CITY OF VICTORVILLE IN THE AMOUNT OF $2420.00 PLUS A 10% ADMINISTRATIVE FEE, TO BE PAID THROUGH CENTRAL COLLECTIONS

    PAY A RESTITUTION FINE IN THE AMOUNT OF $200.00, PLUS A TEN PERCENT (10%) ADMINISTRATIVE FEE THROUGH CENTRAL COLLECTIONS.

    DEFENDANT ACCEPTS PROBATION AND IS GIVEN A COPY OF THE TERMS AND CONDITIONS.

    -

    CUSTODY STATUS

    CASE CUSTODY - PROBATION.

    COMMITMENT ISSUED.

    PROBATION OFFICE NOTIFIED.

    ============= MINUTE ORDER END ================

    CASE CLOSED.

    Desperate to Appeal Conviction ''Help"!!!!!
     

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