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

Case 3:07-cv-04821-WHA

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Filed 12/26/2007

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EXHIBIT E .

Case 3:07-cv-04821-WHA

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Filed 12/26/2007

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SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES
PROBATION OFFICER'S REPORT
RPT SEQ. NO
OEPT.I~iXf.
ATTY. JUDGE

2
:

100
THOE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff VS.
HEARING

BROADY
EXPIRATION OATE(SI

MIIt\J(')7
COURT CASENO.(Sl

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7-16-86 05271872

(1 )

(1) (2) (3)
AREA OFFICE

C.I.I. NO.

DARRYL LEON DAWSON,
Defendant

(2)
(3)

PROS. NO·.

x- 863251
OPO

\
\WHEREABOUTS

PEACE MAIN COUNTY JAIL MODULE 3800 BKG. NO. 8630865
NON-APPEARANCE .

CAl

INSTRUCTED TO APPEAR BY:_~~~-:---:--_-:--_

COURT

SUPPLEMENTAL REPORT

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REASON FOR HEARING: MATTER WAS LAST BEFORE THE COURT ON JUNE 25, 1986. AT THAT TIME, A SUPPLEMENTAL PROBATION REPORT WAS ORDERED FOR THE INSTANT' DATE. ON DECEMBER 3, 1984, THE DEFENDANT APPEARED IN /_.-. DEPARTMENT 123. PURSUANT TO REMITTITUR THE' COURT FINDS THE ORDER STRIKING THE' SPECIAL CIRCUMSTANCES ALLEGATION IN COUNT 12 .IS REVERSED AND DEFENDANT IS BEFORE THE COURT FOR RESENTENCING ON THIS ISSUE. DEFENDANT'S MOTION TO STRIKE

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FILED SEPTEMBER 5, 1984,

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THE SPECIAL CIRCUMSTANCE PURSUANT TO SECTION 1385 PENAL CODE IS ARGUED AND DEN I ED. AS TO COUNT 12'0 DEFENDANT ISS ENTENCED TO

STATE PRISON FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE . . AS TO THE PENAL CODE SECTION 12b22(A) ALLEGATION, DEFENDANT IS SENTENCED TO STATE PRISON FOR ONE YEAR, TO BE SERVED CONSECUTIVELY TO ALL

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Case 3:07-cv-04821-WHA

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OTHER COUNTS AND, MORE SPECIFtCALLY, TO COUNT 15.

THE COURT ORDERS

THAT ALL DETERMINANT SENTENCES IMPOSED APRIL 24, 1981 ARE TO
R~MAIN

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IN FULL FORCE AND EFFECT.
SEPTEM~ER
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FURTHERMORE, PURSUANT TO THE
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REMITTITUR FILED

5, 1984, THE SENTENCE IMPOSED APRIL
S>

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6

24, 1981 IS MODIFIED TO ADD:

"DEFENDANT IS TO BE GIVEN CREDIT
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FOR 693 D:..:A~Y:...:S~I:.:.N:.....:C:..::U~S~T-=O.:.D~Y-=-(.:I~N~C:.::L:..::U:..:D:-:E:.::S:.-:.2..:.3-.:.1-:::..DA:..:.Y..:..S=--.:G:.:0::.::0::.:D~T~I,-,-M..... uW...... Ecl-I. 0=RK~mE)" · ON fEBRUARY 28, 1986, IN DIVISION ONE, SECOND APPELLATE

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DISTRICT, COURT OF APPEAL OF THE STATE OF CALIFORNIA, UPHELD THE DEFENDANT'S CONTENTION "THE RESENTENCING COURT ERRED IN FAILING TO OBTAIN AN UPDATED PROBATION REPORT PRIOR 1"0 RESENTENCING" IN REGARDS TO THE SENTENCING OF DECEMBER 3, 1984. THEREFORE, THE SENTENCE

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IMPOSED UPON THE CONVICTION OF-MURDER ONLY IS VACATED AND THE MATTER REMANDED TO THE SUPERIOR COURT WITH DIRECTIONS TO RESENTENCE ,APPELLENT AFTER OBTAINING AND UPDATED PROBATION REPORT. OTHER RESPECTS, THE JUDGMENT OF CONVICTION WAS AFFIRMED. REPORT: AT THE TIME OF THE PROBATION AND SENTENCING HEARING OF APRIL 24, 1982, THE DEFENDANT WAS 25 YEARS OLD. HEfoIAS A ' BETWEEN IN ALL

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NON-VET, SINGLE WITH A MINOR KNOWN PRIOR CRIMINAL HISTORY.
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JANUARY 13, 1980 AND FEBRUARY 29, 1980J THE DEFENDANT AND KENNETH LAMART JORDANWWERE IDENTIFIED AS THE SUSPECTS WHO COMMITTED SEVERAL
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ARMED ROBBERIES OF SUPERMARKETS AND RESTAURANTS. , ON JANUARY 30, 1980, AT,APPROXIMATELY 10:50 P.M.,
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Case 3:07-cv-04821-WHA

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BOTH DEFENDANTS, ARMED WITH HANDGUNS, ENTERED THE NORM'S RESTAURANT 2 3
4

AT .2890 LA CIENEGA BOULEVARD, IN CULVER CITY. THE DEFENDANT TOOK PROPERTY FROM THE CASHIER.

AT GUNPOINT, WHILE HE WAS

ROBBING THE CASHIER, CODEFENDANT JORDAN APPROACHED A PATRON AND DEMANDED MONEY. JORDAN SHOT HIM. WHEN THE PATRON STATED THAT HE HAD NO MONEY, AFTER THE VICTIM FELL, JORDAN BENT DOWN AND
J~RDAN

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TOOK THE VICTIM'S WALLET.

SHOT THE 'VICTIM WITH A HANDGUN

WHICH HE HAD TAKEN FROM A SECURITY GUARD AT THE· ALPHA BETA ROBBERY WHICH OCCURRED. ON JANUARY 30TH AT 10:30 LATER DIED. ON FEBRUARY 29, 1980 AT APPROXIMATELY 9:00 P.M., BOTH DEFENDANTS ENTERED THE BOULEVARD IN LOS ANGELES.
BO~

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THE VICTIM

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MARKET AT 3670 SOUTH CRENSHAW

PRIOR TO ENTERING THE MARKET,

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CODEFENDANT JORDAN APPROACHED A SECUR I TY GUARD, JUST OUTS I DE .OF THE MARKET, AT THE PUBLIC TELEPHONE. AT POINT-BLANK RANGE AND

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WITHOUT ANY WARNING, JORDAN SHOT THE SECURITY GUARD. THE SECURITY GUARD WAS SHOT WITH THE SAME GUN WHICH JORDAN TOOK FROM THE GUARD AT THE ALPHA BETA ROBBERY IN INGLEWOOD ON JANUARY 30,1980. DEFENDANT JORDAN THEN DEMANDED AND TOOK THE VICTIM'S GUN (WHICH WAS ALLEGEDLY A REPLICA; I.E., A NON-WORKING GUN). WHILE

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CODEFENDANT JORDAN WAS OUTSIDE WITH THE SECURITy GUARD, THE DEFENDANT WAS INSIDE THE BOYS MARKET. CODEFENDANT JORDAN THEN

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ENTERED THE BOYS MARKET AND JOINED THE DEFENDANT AND BOTH DEFENDANTS,
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AT GUNPOINT, ROBBED ALL THE CASHIERS IN THE MARKET, ONE BY ONE. 2 3 4 5
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\i:"THE VICTIM LATER DIED OF HIS WOUNDS. DEFENDANT'S STATEMENT:

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THE DEFENDANT WAS INTERVIEWED IN THE MAIN CQUNTY JAIL ON JULY 3, 1986. ACCORDING TO THE DEFENDANT, HE HAS BEEN

MAKING A CONCERTED EFFORT TO STAY OUT,OF TROUBLE AND "PROGRAM". HE INDICATES THAT HE PLANS TO GET INVOLVED IN SOME TRAINING COURSES OR VOCATIONAL ORIENTED CLASSES. HE STATES THAT HE WOULD LIKE TO

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MAKE A GOOD IMPRESSION ON THE COURT WITH AN-KIM TO BEING GIVEN A SENTENCE WHICH WOULD MAKE PAROLE A POSSIBILITY IN THE FUTURE. HE POINTS OUT THAT HE TOOK NO LIFE BUT WAS WRONG IN THE COMMISSION OF AND BEING INVOLVED IN THE RQBBERIES. THAT HE HOWEVER, HE DOES NOT FEEL

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SHOULD BE PUNISHED AS HARSHLY AS THE CODEFENDANT WHO

ACTUALLY COMMITTED THE MURDERS. INTERESTED PARTIES: THE PROBATION OFFICER HAS ATTEMPTED TO CONTACT THE DEFENDANT'S CORRECTIONAL COUNSELOR, PUIG, AT DUEL INSTITUTE IN TRACY, CALIFORNIA.
VOCATION~L

TO DATE, THE PROBATION OFFICER

HAS BEEN UNABLE TO ESTABLISH DIRECT CONTACT WITH THIS OFFICER. A TELETYPE.HAS BEEN SENT TO HIM REQUESTING INFORMATION RELATIVE TO THE DEFENDANT'S BEHAVIOR WHILE INCARCERATED. SHOULD THIS REPORT TO

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INFORMATION BE RECEIVED PRIOR TO SUBMISSION OF THIS

THE COURT, IT WILL BE ATTACHED OR FORWARDED TO THE COURT.
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76C692G - PROS. SA -

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Case 3:07-cv-04821-WHA

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PER SEVERAL CUSTODIAL COUNSELLING GENERAL CHRONOS r
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BETWEEN NOVEMBER 1982 AND MARCH 3, 1986, THE DEFENDANT APPEARED TO BE PERFORMING SATISFACTORILY WHILE IN CUSTODY. HE HAD SEVERAL

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COMMENDATIONS FOR DOING EXCELLENT WORK AS WELL AS WORKING ON HIS OWN WITHOUT SUPERVISION. ON OCTOBER 21, 1982, THE DEFENDANT WAS

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INVOLVED IN AN ALTERCATION WITH A CELL MATE WHICH RESULTED IN A MINOR INFRACTION BEING NOTED. HE WAS ALSO COUNSELLED REGARDING

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LEAVING HIS WORK ASSIGNMENT WiTHOUT PERMISSION ON APRIL 19, 1985 TO GET-INTO THE CANTEEN LINE.

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SENTENCING CONSIDERATIONS: DEFENDANT IS NOT ELIGIBLE FOR PROBATION PURSUANT TO 1203(E) PENAL CODE UNLESS THE COURT DETERMINES THIS IS AN UNUSUAL' CASE.

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FACTORS IN AGGRAVATION: 1. 2. THE PLANNING, WITH WHICH THE CRIMES WERE CARRIED OUT, INDICATE PREMEDITATION. THE CRIMES INVOLVED VIOLENCE, GREAT BODILY HARM AND OTHER ACTS DISCLOSING A HIGH DEGREE OF CRUELTY, VICIOUSNESS AND CALLOUSNESS. THE CRIMES INVOLVED MULTIPLE VICTIMS.

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3.
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FACTORS IN MITIGATION:
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1.
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DEFENDANT HAD A MINOR KNOWN PRIOR CRIMINAL HISTORY. DEFENDANT VOLUNTARILY ACKNOWLEDGED WRONGDOING AT' AN EARLY ST.AGE OF THE CRIf--lINAL PROCESS.

2.

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Case 3:07-cv-04821-WHA

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THE FACTORS IN AGGRAVATION OUTWEIGH THOSE IN 2 3 4 5 6 7 8 9
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MITIGATION.

SHOULD THE DEFENDANT BE SENTENCED TO STATE PRISON, THE PROBATION OFFICER BELIEVES

THE HIGH-BASE TERM IS RECOMMENDED.

THE FOLLOWING RECOMMENDATION IS APPROPRIATE. RECOMMENDATION: IT IS RECOMMENDED THAT PROBATION BE DENIED AND THAT DEFENDANT BE SENTENCED TO STATE 'PRISON WITH PRE-IMPRISONMENT CREDIT OF 2337 DAYS. RESPECTFULLY SUBMITTED,
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READ AND APPROVED:

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D AND CONSIDERED ING REPORT OF THE OFFICER.

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(SUBMITTED 7-9-8 (TYPED 7-12-86) AP:RC (6)

UPERIOR COURT

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