USA v. Quinonez-Soto et al
Criminal

Middle District of Florida, flmd-8:2017-cr-00355-339530

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PageID 168 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES NO. YA095416 PAGE NO. 1 THE PEOPLE OF THE STATE OF CALIFORNIA VS. CURRENT DATE 02/08/18 DEFENDANT 01: BRYAN JOBANY SOTO LAW ENFORCEMENT AGENCY EFFECTING ARREST: TORRANCE POLICE DEPARTMENT BAIL: APPEARANCE AMOUNT DATE RECEIPT OR SURETY COMPANY REGISTER DATE OF BAIL POSTED BOND NO. NUMBER 01/09/17 $30,000.00 11/01/16 U5020610745 UNITD STATES FIRE IN CASE FILED ON 01/05/17. COMPLAINT FILED, DECLARED OR SWORN TO CHARGING DEFENDANT WITH HAVING COMMITTED, ON OR ABOUT 10/24/16 IN THE COUNTY OF LOS ANGELES, THE FOLLOWING OFFENSE (S) OF: COUNT 01: 11379 (A) H&S FEL COUNT 02:4573.6 (A) PC FEL NEXT SCHEDULED EVENT: 01/09/17 830 AM ARRAIGNMENT DIST TORRANCE COURTHOUSE DEPT 004 ON 01/09/17 AT 830 AM IN TORRANCE COURTHOUSE DEPT 004 CASE CALLED FOR ARRAIGNMENT PARTIES: THOMAS SOKOLOV (JUDGE) THEMBA NELSON (CLERK) KAREN PECKHAM (REP) CANDACE F. SMITH (DA) DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY ROGER S. SHAFER PRIVATE COUNSEL A COPY OF THE COMPLAINT AND THE ARREST REPORT GIVEN TO DEFENDANTS COUNSEL. DEFENDANT WAIVES ARRAIGNMENT, READING OF COMPLAINT, AND STATEMENT OF CONSTITUTIONAL AND STATUTORY RIGHTS. DEFENDANT PLEADS NOT GUILTY TO COUNT 01, 11379 (A) H&S. DEFENDANT PLEADS NOT GUILTY TO COUNT 02, 4573.6 (A) PC. THE COURT ORDERS A PRE-PLEA REPORT PURSUANT TO PENAL CODE SECTION 1203.7. THE DEFENDANT'S COUNSEL DOES NOT CONSENT TO A PRE-PLEA INTERVIEW. COURT ORDERS AND FINDINGS: - DEFENDANT WAIVES ADVISEMENT OF MILITARY RIGHTS PURSUANT TO PENAL CODE SECTION 858. - THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE. THE DEFENDANT DENIES ALL ALLEGATIONS ALLEGED IN THE COMPLAINT. A 60 DAY TIME WAIVER IS TAKEN. THE MATTER IS CONTINUED FOR PRELIMINARY HEARING SETTING ON FEBRUARY 22, 2017, AT 8:30 A.M., IN DEPARTMENT 4. WAIVES STATUTORY TIME. NEXT SCHEDULED EVENT: 02/22/17 830 AM PRELIM SETTING/RESETTING DIST TORRANCE COURTHOUSE DEPT 004 DAY 00 OF 10 01/09/17 BAIL TO STAND, # U5020610745 CUSTODY STATUS: BAIL TO STAND ON 02/22/17 AT 830 AM IN TORRANCE COURTHOUSE DEPT 004 CASE CALLED FOR PRELIM SETTING/RESETTING PARTIES: THOMAS SOKOLOV (JUDGE) ASHLEY BRUMFIELD (CLERK) JOANNE GARCIA (REP) CANDACE F. SMITH (DA) Pageld 169 CASE NO. YAO 95416 PAGE NO. 2 DEF NO. 01 DATE PRINTED 02/08/18 DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY ROGER S. SHAFER PRIVATE COUNSEL DEFENDANT STATES HIS/HER TRUE NAME AS CHARGED. DEFENDANT ADVISED OF THE FOLLOWING RIGHTS ORALLY: DEFENDANT WAIVES ARRAIGNMENT, READING OF COMPLAINT, AND STATEMENT OF CONSTITUTIONAL AND STATUTORY RIGHTS. DEFENDANT ADVISED OF AND PERSONALLY AND EXPLICITLY WAIVES THE FOLLOWING RIGHTS: JURY TRIAL OR COURT TRIAL AND PRELIMINARY HEARING CONFRONTATION AND CROSS-EXAMINATION OF WITNESSES; SUBPOENA OF WITNESSES INTO COURT TO TESTIFY IN YOUR DEFENSE; AGAINST SELF-INCRIMINATION; DEFENDANT ADVISED OF THE FOLLOWING: THE NATURE OF THE CHARGES AGAINST HIM, THE ELEMENTS OF THE OFFENSE IN THE COMPLAINT, AND POSSIBLE DEFENSES TO SUCH CHARGES; 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; THE EFFECTS OF PROBATION; IF YOU ARE NOT A CITIZEN, YOU ARE HEREBY ADVISED THAT A CONVICTION OF THE OFFENSE FOR WHICH YOU HAVE BEEN CHARGED WILL HAVE THE CONSEQUENCES OF DEPORTATION, EXCLUSION FROM ADMISSION TO THE UNITED STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF THE UNITED STATES. 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 PERSONALLY WITHDRAWS PLEA OF NOT GUILTY TO COUNT 01 AND PLEADS NOLO CONTENDERE WITH THE APPROVAL OF THE COURT TO A VIOLATION OF SECTION 11379 (A) H&S IN COUNT 01. THE COURT FINDS THE DEFENDANT GUILTY. COUNT (01): DISPOSITION: CONVICTED COURT FINDS THAT THERE IS A FACTUAL BASIS FOR DEFENDANT'S PLEA, AND COURT ACCEPTS PLEA. THE COURT HAS READ AND CONSIDERED THE PRE-PLEA REPORT. NEXT SCHEDULED EVENT: 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 IMPOSITION OF SENTENCE SUSPENDED DEFENDANT PLACED ON FORMAL PROBATION FOR A PERIOD OF 003 YEARS UNDER THE FOLLOWING TERMS AND CONDITIONS: SERVE 180 DAYS IN LOS ANGELES COUNTY JAIL DEFENDANT GIVEN TOTAL CREDIT FOR 6 DAYS IN CUSTODY 3 DAYS ACTUAL CUSTODY AND 3 DAYS GOOD TIME/WORK TIME IN ADDITION: - THE DEFENDANT IS TO PAY A RESTITUTION FINE PURSUANT TO SECTION 1202.4(B) PENAL CODE IN THE AMOUNT OF $ 300.00. THE DEFENDANT IS FURTHER ORDERED TO PAY ($40.00 COURT OPERATIONS FEE PURSUANT TO PENAL CODE SECTION 1465.8(A) (1)& $30.00 CRIMINAL CONVICTION FEE PURSUANT TO GOVERNMENT CODE SECTION 70373, BOTH PER CONVICTED COUNT), $50.00 LAB ANALYSIS FEE WITH NO PENALTY ASSESSMENT ORDERED PURSUANT TO HEALTH AND SAFETY CODE SECTION PageID 170 CASE NO. YA095416 PAGE NO. 3 DEF NO. 01 DATE PRINTED 02/08/18 11372.5. ***ALL FINES AND FEES ARE PAYABLE TO THE PROBATION DEPARTMENT*** - DEFENDANT IS ORDERED TO PAY A PROBATION REVOCATION RESTITUTION FINE PURSUANT TO PENAL CODE SECTION 1202.44 IN THE AMOUNT OF $ 300.00. THIS FINE SHALL BECOME EFFECTIVE UPON THE REVOCATION OF PROBATION. - DO NOT USE OR POSSESS ANY NARCOTICS, DANGEROUS OR RESTRICTED DRUGS OR ASSOCIATED PARAPHERNALIA, EXCEPT WITH A VALID PRESCRIPTION AND STAY AWAY FROM PLACES WHERE USERS OR SELLERS CONGREGATE. DO NOT ASSOCIATE WITH DRUG USERS OR SELLERS UNLESS ATTENDING A DRUG TREATMENT PROGRAM. - NOT ASSOCIATE WITH PERSONS KNOWN BY YOU TO BE NARCOTIC OR DRUG USERS OR SELLERS. - SUPPORT DEPENDENTS AS DIRECTED BY THE PROBATION OFFICER. -SEEK AND MAINTAIN TRAINING, SCHOOLING OR EMPLOYMENT AS APPROVED BY THE PROBATION OFFICER. - KEEP PROBATION OFFICER ADVISED OF YOUR RESIDENCE AND WORK AND HOME TELEPHONE NUMBERS AT ALL TIMES. - NOT OWN, USE OR POSSESS ANY DANGEROUS OR DEADLY WEAPONS, INCLUDING ANY FIREARMS, KNIVES OR OTHER CONCEALABLE WEAPONS. -COPY OF THE PROHIBITED PERSONS NOTICE AND POWER OF ATTORNEY FOR FIREARMS RELINQUISHMENT, SALE OR DISPOSAL FORM ISSUED TO DEFENDANT PURSUANT TO PENAL CODE SECTION 29800. -SUBMIT YOUR PERSON AND PROPERTY TO SEARCH AND SEIZURE AT ANY TIME OF THE DAY OR NIGHT, BY ANY PROBATION OFFICER OR OTHER PEACE OFFICER, WITH OR WITHOUT A WARRANT, PROBABLE CAUSE OR REASONABLE SUSPICION. -OBEY ALL LAWS AND ORDERS OF THE COURT -OBEY ALL RULES AND REGULATIONS OF THE PROBATION DEPARTMENT. - DEFENDANT TO REPORT TO THE PROBATION OFFICER WITHIN 48 HOURS AFTER RELEASE FROM CUSTODY, LOCATED AT 3221 TORRANCE BLVD., TORRANCE, CA 90503. -REGISTER AS A CONVICTED NARCOTICS OFFENDER, CARRY PROOF OF REGISTRATION AT ALL TIMES, DISPLAY REGISTRATION TO ANY LAW ENFORCEMENT OFFICER UPON REQUEST. -DEFENDANT ACKNOWLEDGES TO THE COURT THAT THE DEFENDANT UNDERSTANDS AND ACCEPTS ALL THE PROBATION CONDITIONS, AND DEFENDANT AGREES TO ABIDE BY SAME. COURT ORDERS AND FINDINGS: - PURSUANT TO PC SECTION 296, THE DEFENDANT IS ORDERED TO PROVIDE BUCCAL SWAB SAMPLES, A RIGHT THUMB PRINT, A FULL PALM PRINT IMPRESSION OF EACH HAND, ANY BLOOD SPECIMENS OR OTHER BIOLOGICAL SAMPLES AS REQUIRED BY THIS SECTION FOR LAW ENFORCEMENT IDENTIFICATION. - THE COURT ORDERS THE DEFENDANT TO APPEAR ON THE NEXT COURT DATE. PURSUANT TO THE PLEA NEGOTIATED BETWEEN BOTH PARTIES THE DEFENDANT IS SENTENCED TO 180 DAYS AS TO COUNT 01. PEOPLE'S ORAL MOTION TO DISMISS REMAINING COUNTS IS HEARD AND GRANTED. Pageld 171 CASE NO. YA095416 PAGE NO. 4 DEF NO. 01 DATE PRINTED 02/08/18 MATTER IS CONTINUED FOR SURRENDER ON MARCH 17, 2017, AT 8:30 A.M., IN DEPARTMENT 004. CRUZ WAIVER IS TAKEN, THIS DATE. FINGERPRINT CARD IS RECEIVED AND FILED, THIS DATE. COUNT (01): DISPOSITION: CONVICTED REMAINING COUNTS DISMISSED: COUNT (02): DISMISSED DUE TO PLEA NEGOTIATION ABSTRACT ISSUED ON 02/22/17 FOR COUNT 01 DMV JUDGMENT CODE JG NEXT SCHEDULED EVENT: 03/17/17 830 AM SURRENDER DIST TORRANCE COURTHOUSE DEPT 004 02/22/17 EXONERATED, # U5020610745 CUSTODY STATUS: BAIL EXONERATED CUSTODY STATUS: ON PROBATION ON 02/24/17 AT 830 AM: ANY FURTHER PROCEEDINGS ON THIS CASE SHALL BE HEARD IN DEPARTMENT G SURRENDER 02/24/17 ARREST DISPOSITION REPORT SENT VIA FILE TRANSFER TO DEPARTMENT OF JUSTICE ON 03/17/17 AT 830 AM IN TORRANCE COURTHOUSE DEPT 004 CASE CALLED FOR SURRENDER PARTIES: THOMAS SOKOLOV (JUDGE) ASHLEY BRUMFIELD (CLERK) JOANNE GARCIA (REP) NORMAN HEARON (DA) DEFENDANT IS PRESENT IN COURT, AND REPRESENTED BY ROGER S. SHAFER PRIVATE COUNSEL DEFENDANT SURRENDERED TO SERVE 180 DAYS COUNTY JAIL CREDIT 6 (3 ACTUAL AND 3 GOOD TIME/WORK TIME) FORTHWITH. ENTERED BY D. BARRI 3/24/2017. NEXT SCHEDULED EVENT: PROCEEDINGS TERMINATED CUSTODY STATUS: ON PROBATION/REMANDED ON 03/24/17 AT 830 AM: ANY FURTHER PROCEEDINGS ON THIS CASE SHALL BE HEARD IN DEPARTMENT G. PROCEEDINGS TERMINATED 02/08/18 I HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE ELECTRONIC DOCKET ON FILE IN THIS OFFICE AS OF THE ABOVE DATE. PageID 172 CASE NO. YA095416 PAGE NO. 5 DEF NO. 01 DATE PRINTED 02/08/18 SHERRI R. CARTER, EXECUTIVE OFFICER/CLERK OF SUPERIOR COURT, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA STATE OF VOD BY DEPUTY 30 J. Hurtado CSA II