Free Response to Order to Show Cause - District Court of California - California

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Case 3:07-cv-04900-VRW

Document 4-2

Filed 03/17/2008

Page 1 of 3

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EXHIBIT A

Case 3:07-cv-04900-VRW

Document 4-2

Filed 03/17/2008

Page 2 of 3

REPORT-INDETERMINATE SENTENCE, OTHER SENTENCE CHOICE

SAN BENITO SUPERIOR COURT OF CALIFORNIA, COUNTY OF _ _--,---..,..,,.-_~~

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COURT ,.0.·

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CASE NUMS£R{S

superior BRANCH -~====---------
versus
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PRESENT NOT PRESENT

PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: Simeon Lujao

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-C REPORT TO JUDICIAL COUNCil OF: l3iNDETERMINATE SENTENCE 1 - - - - - - - - --D1 - E TO STATE PRISON D SENTENCE CHOICE OlliERTHAN STATE PRISON
DATE OF HEARING

O

(MO)

(OAY)

(YR)

DEPT. 'NO.

JUDGE

CLERK

· 8

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30 88

ThomasP. Breen
COUNSEL FOR PEOPLE

vivian D.Candlen
COUNSEL FOR DEFENDANT

REPORTER

"ROBATION NO. OR PROIJATION O ...... ICIF:R

SECTION NUMBE:R

187·

2.

A.

Number of prior prison terms charged and found
SECTION
NUMBER:

B,

667.5(a) 667.5(b) 667.6(b) ..

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Number of prior felony convictions
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NUMBER

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3.

D
A.

Defendant was sentenced to death on c:ounts -,-_ _'

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~ Defendant was sentenced to State Prison:

[Xl For life, or a term such as 15 or 25 years to life, with

possibilitv of parole, on counts

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B.
C.

D D. D

For life without the possibility of parole on counts For other term prescribed by lawon counts
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D
A.

Counts

were deemed misdemeanors.

Defendant sentenced ~
NUMBER

days in county jail for all counts:

B.

[]J Defendant fined in sum of $
For counts
(1"

1000.00
,

D
A.

,

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,the defendant was placed on probation.

(2) Imposition of sentence was suspended. B. Conditions of probation included D Jail Time _ _ _ _----"days Other dispositions

0 D

Sentence pronounced and execution of sentence was suspended; or

D

Fine

A. B. C. D. E.

D D 0

Defendant was committed to California Youth Authority. Proceedings suspended, and defendant was committed to California Rehabilitation Center. Proceedings suspended, and defendant was committed as a Mentally Disordered Sex Offender. Proceedings suspended. and defendant was committed as mentally incompetent.

D

~ Other (Specify)

Deuel. vocational, 235 Kasson Rd., Tracey, ca. Defendant given 238 days served, 119 for 4019~ total of 357 days served
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PURSUANT TO ARTICLE VI, SECTION 6 OF CHIEF JUSTICE REQUIRES THAT EAC. STATE PRISON OR SENTENCE CHOlgE:r AND SHALL BE MAILED TO: ADMJ~)S CALIFORNIA 94102.

CALIFORNIA CONSTITUTION AND SECTION 68505 OF THE GOVERNMENT CODE, THE :Ql=t;.:,COURT SHALL .COMPLETE THIS FORM FOR EACH INDETERMINATE SENTENCE TO ~MA,r·~:rATE PRISON. THE REPORTS IMPLEMENT SECTION 1170.4 OF THE PENAL CODE .~ OF THE COURTS, 350 McALLISTER, 3200 STATE BUILDING, SAN FRANCISCO,

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Const., Art. VI, § 6 Pen C. 1170.4, 1170.6

f}-,\~B~ .. ~. "':?<'~ ntTERMI NATE SENTENCE,

~'0;;;,Pl]I'tl'9ttt~ENTENCE CHOICE
"'~""",~-,,,<~¢'"FORl'v1 CR 291 (10/1/81)

\TIVE OFFICE OF THE COURTS

Case 3:07-cv-04900-VRW
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SUPERIOR COURT OF THE STATE Or",illFORt-HA FOR THE COUNTY OF

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Document '>".~,. 4-2

Filed 03/17/2008

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Page 3 of 3

THE PEOPLE OF THE STATE OF CALIFORNIA, ;' Plaintiff, vs. Simeon Lujao, \ Defenda,1! . APPEARANCES:
I;1l:

HOLLISTER, CALIFORNIA

·,Aug. 30, 1988

NO. 3049 :. -:,' Hon. Thomas P. Breen vivian D. candlen paulaEl1ingworth J. .vas.se Lo

For People

B District
[,l) and

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Deputy District Attorney.

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Attorncy_..£H~a:.:r~r!:..vL!:!..:.__=~~:.:!:..

J. Damkar

_

I&J Defendant

o and counsel,_'___ _--,-------:-----~----'--~-0 Deputy C1'iPublic Defender Robert H. Pinto E9Probatiol1 Officer Stan peterlin'

o

Defendan! ir Propria Persona

o Supplemental Arraigoment for Judgment ~ Probation Officer's Report and Recommendation ~ Imposition of Sentence ~ A PLea of Guilty was entered on Jul. 13; 1988 to ct. I: ·187 P.C. :: 2no degree.
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NATURE OF HEARING:

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11£ Case regularly called

Upon request of counsel for 0 Defendant 0 People, Court orders matter continued to ..,..... io~ hearing.' t'9Report of Probation Oliicer is received and considered ~ and is ordered filed 0 Time requirement as to receipt of Probation Officer's Report is waived.

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,_-----------'------I:XProbation is denied for a period of 15 yrs.

11£ No legal cause appearing why judgment should not be pronounced,

THE COURT ORDERS:'-

B Defendam is sentenced to Department of corrections to ,li£e for 187 P.C. .znd d eq ,
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. '" , ' " lJeuel', Voc<=t~onaI, 235 Kasson Rd .Tracy, Committed to the custody of the Director of Corrections, ~~~MXlItl:ll;, Caliio:nia, to be delivered by the Sneriff of San Benito County.

o Sentsncets) shall be served in respect to one another as follows.
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0 Concurrently 0 Consecutively Sentencets) shall be served i;1 respect to any prior incompleted semencets) ~ Concurrently :::J Consecutively

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Upon stipulation of counsel. the Court fixes the degree of the offense to be 0 First Degree 0 Second'Degree Defendant found to be armed with a deadly weapon at time of offense D Defendant is committed to the custody of the Director of the California Youth Authority, defendant to be detained by the Sheriff of San Benito Coumypending acceptance, and that the Sheriff shall deliverdefendant to the proper reception center of the California Youth Authority upon acceptance

Execution e,l mposition of sentence is suspended. Defendant is admitted tc probation for a period of_ _ years under the terms and conditions as s~t forth in the Order of Probetion to be f;led and a copy thereof to be furnisheo todefendant by the Probation Officer of San Benite County. The Court orders terms and conditions .of probation are G as follows: Das set forth in Order of Probation That 'Defendant: ' o Report to the Probation ('trice!' as directed; 0 Seek and maintain gcinfu! emplcvment: 0 Abstain from possession and use of intcxicatim; beverage; d Abstain from possession and use of drugs; , o Shall be entitled to ail provisions of Sec. 1203.1 & 1203.4 & 4852.01 California Penal Code. . 0 Obey all laws of the United States.Stete and County and Municipality in which he may be; 0 Not leave the . State, 0.1 California without permission of the Probation Officer; o h\' a fine in the sum ofS plus penalty assessment S ..,..... -\Make restitution 0 as determined by the probation officer 0 in the sum of S 'liand San Benito County Mental Health Clinic 0 Submit-to search and seizure; , '~ndant shall ser~e . in San B~'£ County Jail _ 'endant; qiven credits of 357 aays servea · ·dant was informed ofp~ssibi+~tv of deportment, ana never oe~ng t remanded to the custody of .the Sheflff.al.Low~d to enter .. country. MINUTE ORDER

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-------'--'".....,.--_.._ ... County Clerk and <"perior Court
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and for o

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