Você está na página 1de 8

CASE NO. 9MB0181S PAGE NO.

2
DEF NO. 01 DATE PRINTED 02/25/11
STIPULATED THAT A TEMPORARY JUDGE MAY HEAR THE CASE
PRETRIAL CONFERENCE IS HELD.
THE COURT SEYS THE MATTER FOR TRIAL SETTING CONFERENCE ON THE
DATE INDICATED BELOW.
THIS MATTER IS ASSIGNED TO DEPARTMENT 1 FOR ALL PURPOSES.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
UPON MOTION OF DEFENDANT
10/07/09 830 AM TRIAL SETTING/RESETTING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 30
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 10/07/09 AT 830 AM IN MALIBU COURTHOUSE DEPT 001

CASE CALLED FOR TRIAL SETTING/RESETTING


PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS NOT PRESENT IN COURT, BUT REPRESENTED BY JOHN J DURAN PRIVATE
COUNSEL .
DEFENDANT APPEARING BY COUNSEL PURSUANT TO PENAL CODE SECTION 977 ET SEQ, BY
JOHN J DURAN PRIVATE COUNSEL
CASE IS CONTINUED TO 11-17-09 FOR TRIAL SETTING.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
11/17/09 830 AM TRIAL ·SETTING/RESETTING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 4S
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 11/17/09 AT 830.AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR TRIAL SETTING/RESETTING
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
CASE IS CONTINUED TO 1-7-10 FOR PRETRIAL.
COURT 9RDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
01/07/10 830 AM PRETRIAL HEARING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 45
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 01/07/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR PRETRIAL HEARING
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
SANDRA MACNEIL (REP) WILLIAM F. PENZIN (DA) .
DEFENDANT IS NOT PRESENT IN COURT, BUT REPRESENTED BY JOHN J DURAN PRIVATE
COUNSEL
CASE NO. 9MB01815 PAGE NO. 3
DEF NO. 01 DATE PRINTED 02/25/11
DEFENDANT APPEARING BY COUNSEL PURSUANT TO PENAL CODE SECTION 977 ET SEQ, BY
JOHN J DURAN PRIVATE COUNSEL
CASE IS CONTINUED TO 2-9-10 FOR PRETRIAL.
COURT ORDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
02/09/10 830 AM PRETRIAL HEARING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 45
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 02/09/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR PRETRIAL HEARING
PARTIES: LAWRENCE J. MIRA (JUDGE) PAPILLON BOYD (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS NOT PRESENT IN COURT, BUT REPRESENTED BY JOHN J DURAN PRIVATE
COUNSEL
CAUSE IS CONTINUED AS INDICATED BELOW.
COURT ORDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
04/22/10 830 AM PRETRIAL CONFERENCE DIST MALIBU COURTHOUSE DEPT 001
NEXT SCHEDULED EVENT:
05/07/10 830 AM JURY TRIAL DIST MALIBU COURTHOUSE DEPT 001
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 04/22/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR PRETRIAL CONFERENCE
PARTIES: COMR. H. JAY FORD III (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS NOT PRESENT IN COURT, BUT REPRESENTED BY JOHN J DURAN PRIVATE
COUNSEL
DEFENDANT APPEARING BY COUNSEL PURSUANT TO PENAL CODE SECTION 977 ET SEQ, BY
JOHN J DURAN PRIVATE COUNSEL
CASE IS CONTINUED TO 5-10-10 FOR PRETRIAL HEARING.
THE DATE OF 5-7-10 IS ADVANCED AND VACATED FOR TRIAL.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
05/10/10 830 AM PRETRIAL HEARING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 30
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 05/10/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR PRETRIAL HEARING
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS NOT PRESENT IN COURT, BUT REPRESENTED BY JOHN J DURAN PRIVATE
COUNSEL
CASE NO. 9MB01815 PAGE NO. 4
DEF NO. 01 DATE PRINTED 02/25/11
DEFENDANT APPEARING BY COUNSEL PURSUANT TO PENAL CODE SECTION 977 ET SEQ, BY
JOHN J DURAN PRIVATE COUNSEL
CASE IS SET FOR RESTITUTION HEARING AND PRETRIAL 6-2-10.
THE PEOPLE ARE TO SUBPOENA THE VICTIM.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
06/02/10 830 AM RESTITUTlON HEARING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 45
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 06/02/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR RESTITUTION HEARING
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
MARIE GARCIA, A CERTIFIED LAW STUDENT, IS PRESENT FOR THE
PEOPLE.
·
JAVIER HERNANDEZ IS SWORN AND EXAMINED BY THE PEOPLE.
PEOPLE'S EXHIBITS 1 (PHOTO OF BRUISING) AND 2 (16 PAGES TO
DOCUMENT EXPENSES INCURRED) ARE MARKED FOR IDENTIFICATION AND
ADMITTED INTO EVIDENCE.
·
THE PEOPLE REST.
DEFENSE EXHIBIT A ( DECLARATION OF JASON GILES, MD) IS MARKED
FOR IDENTIFICATION AND ADMITTED INTO EVIDENCE.
· JUDGE FINDS RESTITUTION TO BE OWING IN THE AMOUNT OF
THE
$11625.37.
CASE IS SET FOR JURY TRIAL 7-9-10.
LAST DAY IS 7-19-10.
COURT ORDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
NO STATUTORY TIME WAIVED.
NEXT SCHEDULED EVENT:
07/09/10 830 AM JURY TRIAL DIST MALIBU COURTHOUSE DEPT 001
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 07/09/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR JURY TRIAL
PARTIES: LAWRENCE J. MIRA (JUDGE) NEYA ESTRADA (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
MARC HADLEY IS SWORN, TESTIFIES AND IS EXCUSED.
·
MATTER IS CONTINUED FOR PRETRIAL TO THE DATE AND TIME INDICATED
BELOW.
WAIVES STATUTORY TIME.
CASE NO. 9MB01815 PAGE NO. 5
DEF NO. 01 DATE PRINTED 02/25/11
NEXT SCHEDULED EVENT:
09/09/10 830 AM PRETRIAL HEARING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 4S
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 09/09/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR PRETRIAL HEARING
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
CASE IS SET FOR JURY TRIAL 10-15-10.
DEPUTY NAVARRO IS ORDERED TO BE ON CALL TO THE DEFENSE.
PEOPLE'S WITNESSES ARE ORDERED TO BE ON CALL TO THE PEOPLE.
LAST DAY IS 10-25-10.
IF DEFENDANT HAS A PROBLEM DUE TO EMPLOYMENT THE TRIAL DATE CAN
BE RESET.
COURT ORDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
NO STATUTORY TIME WAIVED.
NEXT SCHEDULED EVENT:
10/15/10 830 AM JURY TRIAL DIST MALIBU COURTHOUSE DEPT 001
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 10/15/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR JURY TRIAL
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS NOT PRESENT IN COURT, BUT REPRESENTED BY JOHN J DURAN PRIVATE
COUNSEL
DEFENDANT APPEARING BY COUNSEL PURSUANT TO PENAL CODE SECTION 9i7 ET SEQ, BY
JOHN J DURAN PRIVATE COUNSEL
CASE IS CONTINUED TO 11-4-10 FOR PRETRIAL.
COURT ORDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
11/04/10 830 AM PRETRIAL HEARING DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 4S
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE

ON 10/15/10 AT 900 AM :
PAYMENT IN THE AMOUNT OF $5.00 WAS RECEIVED FOR PHOTOCOPIES OF
DOCKET RECEIPT #MAL472300030.

ON 11/04/10 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR PRETRIAL HEARING
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CASE NO. 9MB01815 PAGE NO. 6
DEF NO. 01 DATE PRINTED 02/25/11
SUSAN POKERSNIK (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
CASE IS CONTINUED TO 1-21-10 FOR JURY TRIAL.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
01/21/11 830 AM JURY TRIAL DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 10

ON 01/21/11 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


CASE CALLED FOR JURY TRIAL
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN eDA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
KENDRICK MOXON IS PRESENT FOR THE VICTIM.
CASE IS CONTINUED TO 2-24-11 FOR DISPOSITION.
COURT ORDERS AND FINDINGS:
-THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
02/24/11 830 AM DISPOSITION DIST MALIBU COURTHOUSE DEPT 001
DAY 00 OF 45
CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECDGNIZANCE

ON 02/07/11 AT 900 AM :
PAYMENT IN THE AMOUNT OF $8.00 WAS RECEIVED FOR PHOTOCOPIES
RECEIPT #MAL472300033.

ON 02/24/11 AT 830 AM IN MALIBU COURTHOUSE DEPT 001


NUNC PRO TUNC ORDER PREPARED. IT APPEARING TO THE COURT THAT THE MINUTE ORDER
IN THE ABOVE ENTITLED ACTION DOES NOT PROPERLY REFLECT THE COURT'S ORDER. SAID
MINUTE ORDER IS AMENDED NUNC PRO TUNC AS OF THAT DATE. ALL OTHER ORDERS ARE
TO REMAIN IN FULL FORCE AND EFFECT. DETAILS LISTED AT END OF THIS MINUTE ORDER.
CASE CALLED FOR DISPOSITION
PARTIES: LAWRENCE J. MIRA (JUDGE) MICHELLE KNIPPRATH (CLERK)
CINDY TACHELL (REP) WILLIAM F. PENZIN (DA)
DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY JOHN J DURAN PRIVATE COUNSEL
ON PEOPLE'S MOTION, COURT ORDERS COMPLAINT AMENDED BY INTERLINEATION TO ADD
VIOLATION 242 PC MISD AS COUNT 02.
DEFENDANT ADVISED OF AND PERSONALLY AND EXPLICITLY WAIVES THE FOLLOWING RIGHTS:
WRITTEN ADVISEMENT OF RIGHTS AND WAIVERS FILED, INCORPORATED BY REFERENCE
HEREIN
TRIAL BY COURT AND TRIAL BY JURY
CONFRONTATION AND CROSS-EXAMINATION OF WITNESSES;
SUBPOENA OF WITNESSES INTO COURT TO TESTIFY IN YOUR DEFENSE;
CASE NO. 9MB01815 PAGE NO. 7
DEF NO. 01 DATE PRINTED 02/25/11
AGAINST· SELF-INCRIMINATION;
DEFENDANT ADVISED OF THE FOLLOWING:
THE POSSIBLE CONSEQUENCES OF A PLEA OF GUILTY OR NOLO CONTENDERE, INCLUDING
THE MAXIMUM PENALTY AND ADMINISTRATIVE SANCTIONS AND THE POSSIBLE LEGAL
EFFECTS AND MAXIMUM PENALTIES INCIDENT TO SUBSEQUENT CONVICTIONS FOR THE
SAME OR SIMILAR OFFENSES;
COUNSEL FOR THE DEFENDANT JOINS IN THE WAIVERS AND CONCURS IN THE PLEA.
COURT FINDS THAT EACH SUCH WAIVER IS KNOWINGLY, UNDERSTANDINGLY, AND EXPLICITLY
MADE;
THE DEFENDANT WITH THE COURTS APPROVAL, PLEADS NOLO CONTENDERE TO COUNT 02 A
VIOLATION OF SECTION 242 PC. THE COURT FINDS THE DEFENDANT GUILTY.
COUNT (02) : DISPOSITION: CONVICTED
, COURT ORDERS AND FINDINGS:
-TAHL WAIVER IS ORDERED FILED.
COURT FINDS THAT THERE IS A FACTUAL BASIS FOR DEFENDANT'S PLEA, AND COURT
ACCEPTS PLEA.
ATTORNEY KENDRICK MARKSMAN IS PRESENT FOR THE VICTIM AND
MAKES A STATEMENT FOR THE VICTIM.
WAIVES STATUTORY TIME.
NEXT SCHEDULED EVENT:
POST SENTENCING
DEFENDANT WAIVES ARRAIGNMENT FOR JUDGMENT AND STATES THERE IS NO LEGAL CAUSE
WHY SENTENCE SHOULD NOT BE PRONOUNCED. THE COURT ORDERED THE FOLLOWING
JUDGMENT:
AS TO COUNT (02):
IMPOSITION OF SENTENCE SUSPENDED
DEFENDANT PLACED ON SUMMARY PROBATION
FOR A PERIOD OF 012 MONTHS UNDER THE FOLLOWING TERMS AND CONDITIONS:
PAY A FINE OF $100.00
PLUS A STATE PENALTY FUND ASSESSMENT OF $260.00
PLUS $20.00 CRIMINAL FINE SURCHARGE (PURSUANT TO 1465.7 P.C.)
$10.00 CITATION PROCESSING FEE (PURSUANT TO 1463.07 P.C.)
$40.00 COURT SECURITY ASSESSMENT (PURSUANT TO 1465.8(A)(1) P.C.)
$30.00 CRIMINAL CONVICTION ASSESSMENT (PURSUANT TO 70373 G.C.)
$4.00 EMERGENCY MEDICAL AIR TRANSPORTATION ACT FUND PER 76000.10(c)(1) GC
THE ABOVE FINE IS PAYABLE AT $564.00
DEFENDANT TO PAY FINE TO THE COURT CLERK
DEFENDANT SHALL PAY A RESTITUTION FINE IN THE AMOUNT OF $100.00 TO THE COURT
TOTAL DUE: $564.00
IN ADDITION:
-DEFENDANT 'IS ORDERED TO PAY A PROBATION REVOCATION RESTITUTION
FINE PURSUANT TO PENAL CODE SECTION 1202.44, IN THE AMOUNT OF
$ 100.00 THIS FINE SHALL BECOME EFFECTIVE UPON THE REVOCATION
OF PROBATION.
-OBEY ALL LAWS AND ORDERS OF THE COURT.
UPON SUCCESSFUL COMPLETION OF PROBATION THE PEOPLE WILL
DISMISS PURSUANT TO 1385 PC. '
COUNT (02): DISPOSITION: CONVICTED
REMAINING COUNTS DISMISSED:
COUNT (01): DISMISSED DUE TO PLEA NEGOTIATION
DMV ABSTRACT NOT REQUIRED
NEXT SCHEDULED EVENT:
PROBATION IN EFFECT
CASE NO. 9MB01815 PAGE NO. 8
DEF NO. 01 DATE PRINTED 02/25/11

CUSTODY STATUS: DEFENDANT REMAINS ON OWN RECOGNIZANCE.


CUSTODY STATUS: ON PROBATION.