Free Motion for Early Termination of Probation - District Court of Arizona - Arizona

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile No.: (602) 734-3949 Telephone: (602) 262-0222 [email protected] Frederick R. Petti (State Bar No. 011668) Kristin E. Ellermann (State Bar No. 022672) Attorneys for Defendant Gary Hirth

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Gary Hirth, Defendant. ) ) ) ) ) ) ) ) ) )

No. CR-03-1280-PHX-RGS DEFENDANT HIRTH'S PETITION FOR EARLY TERMINATION OF PROBATION

Pursuant to Arizona Revised Statutes Annotated § 13-901(E), the Defendant, Gary Hirth, requests that this Court terminate the period of probation and discharge the Defendant. This motion is based on the following Memorandum of Points and Authorities. MEMORANDUM OF POINTS AND AUTHORITIES Arizona Revised Statutes Annotated § 13-901(E) provides that the trial court may terminate the period of probation and discharge the defendant if the ends of justice will be served by this and the conduct of the defendant warrants it. Defendant Hirth was sentenced by this Court on August 29, 2005, to a term of probation for 36 months. Prior to that time, Mr. Hirth was on supervised release for nearly two years. During the entire time Mr. Hirth has been under supervised release and probation, he has faithfully abided by all conditions imposed by the Court. Mr. Hirth paid all fines that were assessed, has reported to his probation officer as requested, and has been a model citizen during the entire relevant period. Mr. Hirth has successfully served over 60 percent of his original sentence.
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Furthermore, undersigned counsel contacted the prosecutor in this case, Peter Sexton, and he has no objection to an early termination of probation for Mr. Hirth. Additionally, undersigned counsel spoke with Mr. Hirth's probation officer, Alicia Pineda. Ms. Pineda also does not object to an early termination of probation for Mr. Hirth. Given these circumstances, Mr. Hirth's conduct warrants and the ends of justice will be served by an early termination of probation. RESPECTFULLY SUBMITTED this 6th day of July, 2007. LEWIS AND ROCA LLP

By s/ Frederick R. Petti Frederick R. Petti Kristin E. Ellermann Attorneys for Defendant Gary Hirth

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Case 2:03-cr-01280-RGS

CERTIFICATE OF SERVICE I hereby certify that on this 6th day of July, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Peter Sexton [email protected] I also certify that on this 6th day of July, 2007, I served the attached document by fax on the following: Alicia Pineda Probation Officer (602) 682-4333 FAX

s/ Sherry Samford

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