You'll recall where we left off on July 11.
A crime occurred in November 2008.
The defendant was arrested in December 2008.
The trial was held in March 2013, and the defendant was convicted of a lesser crime. Sentencing was scheduled for May 3.
Then for June 28.
Then for August 2.
So, would you like to hear what finally happened? Here it is, in court speak.
Action: SENTENCING Date: 08/02/2013 Time: 8:30 AM
Division: R4 Hearing Status: DISPOSED
STEPHAN G SALESON, J-JUDGE
CLERK: TIFFANY LEMUS
CERTIFIED COURT REPORTER: LH2-LONI HUNLEY CSR# LH2-11489
BAILIFF M SHAW
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APPEARANCES
DEPUTY DISTRICT ATTORNEY DAN ROSS PRESENT.
ATTORNEY KT TRAN BY MICHAEL BECKER PRESENT.
DEFENDANT PRESENT IN CUSTODY.
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PROCEEDINGS
ACTION CAME ON FOR SENTENCING
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OFF THE RECORD, COURT AND COUNSEL CONFER IN CHAMBERS
Obviously, these conferences occur all the time, and obviously, there is often no way to figure out exactly what was being discussed. But after the conference, the following significant event occurred:
HEARINGS
HEARING CONTINUED TO 10/18/2013 AT 8:30 IN DEPARTMENT R4.
(ALSO SET FOR ROMERO MOTION)
DEFENDANT ORDERED TO APPEAR ON HEARING DATE.
As I've previously noted, the defendant is currently in custody, so the court can make sure that the defendant appears on the hearing date (although I guess he could refuse to appear, the court would at least know where he is).
But what is a "Romero motion"? For the answer to that question, I turned to attorney William Holzer:
A good criminal defense attorney can help a client facing a strike allegation by filing a “Romero motion” with the court. Attorneys are often successful in convincing the court to dismiss a strike under 1385 of the Penal Code. This is because it is not uncommon for prosecutors to overcharge cases by alleging old strikes on minor new offenses.
During the trial, the jurors (and juror alternates) were informed that the defendant was a convicted felon. Obviously this fact has an impact on his sentencing, which is why this is being dragged out to October - or beyond.
