Gary Roe

Minutes
LARRY W ALLEN
CLERK: C5389-JANA WESTBROOKS
CERTIFIED COURT REPORTER: CM-CHRISTIE MATHES CSR# CM-6221
DEPUTY DISTRICT ATTORNEY BRYAN STODGHILL PRESENT.
DEPUTY PUBLIC DEFENDER DAN DEGRISELLES PRESENT
DEFENDANT PRESENT IN CUSTODY.
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PROCEEDINGS
ACTION CAME ON FOR PRE-PRELIMINARY HEARING
CHANGE OF PLEA AT TIME OF PRE PRELIMINARY.
ACTION CAME ON FOR CHANGE OF PLEA
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FINDINGS/ADVISALS:
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.
SEE FINDINGS IN FILE.
COURT FINDS PLEA IS BASED ON FACT.
PLEA BARGAIN AGREEMENT FILED.
TAHL WAIVER FILED.
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PLEA INFORMATION
BY LEAVE OF COURT, DEFENDANT WITHDRAWS PLEA OF NOT GUILTY. DEFENDANT IS INFORMED OF ELEMENTS OF THE CHARGE(S). FACTUAL BASIS ESTABLISHED.
COMPLAINT AMENDED BY INTERLINEATION TO ALLEGE NEW COUNT 2 A VIOLATION OF M11357(C) HS.
DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF NOLO CONTENDERE AS TO COUNT(S) 2 PER PLEA BARGAIN (INCORPORATED BY REFERENCE HEREIN).
COURT ACCEPTS PLEA OF NOLO CONTENDERE AND FINDS DEFENDANT GUILTY BASED ON PLEA.
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DISMISSALS
ON MOTION OF PEOPLE, PURSUANT TO PLEA BARGAIN, COUNT 1 ORDERED DISMISSED; REASON: 1385 PC
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SENTENCING INFORMATION
FOR ALL CHARGES.
PRONOUNCEMENT OF JUDGMENT IS ORDERED WITHHELD AND CONDITIONAL AND REVOCABLE RELEASE IS GRANTED FOR A PERIOD OF 36 MONTH(S)
ON THE FOLLOWING TERMS AND CONDITIONS:
VIOLATE NO LAW OTHER THAN MINOR TRAFFIC.
PAY APPOINTED COUNSEL FEES IN THE AMOUNT OF $100.00 PURSUANT TO PC 987.8(F)
BY 11/15/2009.
PAY $170.00 TO VICTIM RESTITUTION FUND TO THE COURT; INCLUDES 10% ADMINISTRATIVE FEE
BY 11/15/2009
VICTORVILLE SUPERIOR COURT 14455 CIVIC DR. VICTORVILLE, CALIFORNIA 92392
SERVE 14 DAYS IN A SAN BERNARDINO COUNTY JAIL FACILITY.
WITH CREDIT FOR TIME SERVED OF 14 DAY(S).
DESTROY SEIZED PLANTS; IF MED. MJ RECOMMENDATION
CURRENT MAY POSSESS MJ WITHIN LEGAL LIMITS.
DESTROY MARIJUANA CULTIVATION EQUIPMENT. SIEZED.
DEFENDANT ACCEPTS TERMS & CONDITIONS OF PROBATION.
FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS MAY RESULT IN AN ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST.
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CUSTODY STATUS
CASE CUSTODY - PROBATION.
DEFENDANT RELEASED AS TO THIS ACTION ONLY.
RELEASE ISSUED.
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PRELIMINARY HEARING SET ON 09/23/2009 VACATED.