Minutes
LORENZO RAFAEL BALDERRAMA, J-JUDGE
CLERK: CR-CONNIE REYNOLDS
CERTIFIED COURT REPORTER: RB1-RHONDA BORCHARD CSR# RB1-9516
DEPUTY DISTRICT ATTORNEY DONNA KAUFMAN PRESENT.
ATTORNEY ROLLIN N. RAUSCHL PRESENT.
DEFENDANT PRESENT.
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PROCEEDINGS
ACTION CAME ON FOR PC 859A SENTENCING
VICTIM TIMOTHY MORENO IS PRESENT AND ADDRESSES THE
COURT.
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FINDINGS/ADVISALS:
PURSUANT TO SECT 13350 VC, THE COURT FINDS A MOTOR VEHICLE WAS USED IN THE COMMISSION OF THE OFFENSE SPECIFIED IN COUNT(S) 1
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 $250.00 THROUGH CENTRAL COLLECTIONS.
CRIMINAL ASSESSMENT AND COURT OPERATIONS ASSESSMENT OF $70 PER CONVICTION FOR COUNT(S) 1 PAYABLE TO CENTRAL COLLECTIONS.
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 $26.00 PER MONTH THROUGH CENTRAL COLLECTIONS.
PURSUANT TO PC 296 THE COURT ORDERS THE DEFENDANT TO PROVIDE A DNA BUCCAL SAMPLE TO THE PROBATION DEPARTMENT AT THE TIME OF PRE-SENTENCE INTERVIEW.
PROBATION REVOCATION RESTITUTION FINE IMPOSED IN THE SUM OF $240.00 PURSUANT TO 1202.44 PC; STAYED PENDING SUCCESSFUL COMPLETION OF PROBATION.
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
IN ACCORDANCE WITH PC1203.1D. TOTAL MONTHLY PAYMENT FOR ALL ORDERED AMOUNTS IS SET AT $40.00, PER MONTH. FIRST PAYMENT TO BEGIN 30 DAYS FROM RELEASE FROM CUSTODY OR 30 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.
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SENTENCING INFORMATION
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
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 2 DAYS,
PLUS CONDUCT CREDIT PURSUANT TO 1-PC4019 ND ABIDE BY ALL RULES AND REGULATIONS OF THE FACILITY
NEW_PC4019 (½ TIME)
WITHOUT THE POSSIBILITY OF COUNTY PAROLE.
STAY OF EXECUTION OF SENTENCE IS GRANTED, DEFENDANT TO SURRENDER ON 05/16/2012 AT 8:30 IN DEPARTMENT V6 FOR REMAND TO CUSTODY.
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.
NOT LEAVE THE TRI-STATE AREA WITHIN 60 MILE RADIUS OF NEEDLES 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.
PERMIT VISITS AND SEARCHES OF PLACES OF RESIDENCE BY AGENTS OF THE PROBATION DEPT. AND/OR LAW ENFORCEMENT FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THE TERMS AND CONDITIONS OF PROBATION; NOT DO ANYTHING TO INTERFERE WITH THIS REQUIREMENT, OR DETER OFFICERS FROM FULFILLING THIS REQUIREMENT, SUCH AS ERECTING ANY LOCKED FENCES/GATES THAT WOULD DENY ACCESS TO PROBATION OFFICERS, OR HAVE ANY ANIMALS ON THE PREMISES THAT WOULD REASONABLY DETER, THREATEN THE SAFETY OF, OR INTERFERE WITH, OFFICERS ENFORCING THIS TERM.
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)
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 PERSONS KNOWN TO DEFENDANT TO BE CONVICTED FELONS OR ANYONE ACTIVELY ENGAGED IN CRIMINAL ACTIVITY B-OR CODEFENDANT(S) OR VICTIM(S).
NOT ASSOCIATE WITH PERSONS KNOWN TO DEFENDANT TO BE ILLEGAL USERS OR SELLERS OF CONTROLLED SUBSTANCES, EXCEPT FOR THOSE INVOLVED IN YOUR RECOVERY.
SUBMIT TO AND COOPERATE IN A FIELD INTERROGATION BY ANY PEACE OFFICER AT ANY TIME OF THE DAY OR NIGHT.
CARRY AT ALL TIMES, A VALID CALIFORNIA DRIVER'S LICENSE OR DEPARTMENT OF MOTOR VEHICLES IDENTIFICATION CARD CONTAINING YOUR TRUE NAME, AGE AND CURRENT ADDRESS, AND DISPLAY SUCH IDENTIFICATION UPON REQUEST BY ANY PEACE OFFICER AND NOT USE ANY OTHER NAME FOR ANY PURPOSE WITHOUT FIRST NOTIFYING THE P.O.
MAKE RESTITUTION TO THE VICTIM(S) THROUGH CENTRAL COLLECTIONS IN AN AMOUNT TO BE RECOMMENDED BY THE PROBATION OFFICER AND DETERMINED BY THE COURT.
PAY A RESTITUTION FINE IN THE AMOUNT OF $240.00, PLUS A TEN PERCENT (10%) ADMINISTRATIVE FEE THROUGH CENTRAL COLLECTIONS.
CARRY A COPY OF YOUR TERMS AND CONDITIONS OF PROBATION ON YOUR PERSON AT ALL TIMES, AND OFFER THEM TO ANY PEACE OFFICER UPON CONTACT.
ATTEND NA/AA MEETINGS AS DIRECTED BY THE PROBATION OFFICER AND SHOW PROOF OF ATTENDANCE TO THE PROBATION DEPARTMENT.
DRIVE ONLY WHEN PROPERLY LICENSED AND IN COMPLIANCE WITH ANY RESTRICTION PLACED ON YOUR DRIVING PRIVILEGE, AND BE PROPERLY INSURED ACCORDING TO LAW.
DEFENDANT ACCEPTS PROBATION AND IS GIVEN A COPY OF THE TERMS AND CONDITIONS.
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CUSTODY STATUS
CASE CUSTODY — PROBATION.
PROBATION OFFICE NOTIFIED.
CURRENT BAIL BOND EXONERATED.
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