IN THE SUPERIOR COURT OF CALIFORNIA



SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREYThe People of the State of California,PlaintiffHon. FORMTEXT Pamela L. ButlerClerk: FORMTEXT Abby Luzonvs.CSR: FORMTEXT Sue Just - CSR#6838Recording No. FORMTEXT ????? FORMTEXT Gomez, Brittainie Ann,DefendantMinutes: FORMTEXT Sentencing HearingCase No. FORMTEXT SS140846A FORMTEXT FORMTEXT Courtroom 3 FORMTEXT FORMTEXT May 20, 2015Charges: FORMTEXT 1: VC23153(a) [DUI-Alcohol While Causing Injury] FEL FORMTEXT 1: VC23558 [Victims:Multi] ENH FORMTEXT 1: PC12022.7(a) [Gbi:Great Bodily Injury] ENH FORMTEXT 2: VC23153(b) [DUI-Alcohol While Causing Injury] FEL FORMTEXT 2: VC23558 [Victims:Multi] ENH FORMTEXT 2: PC12022.7(a) [Gbi:Great Bodily Injury] ENH Case regularly called for sentencing. Court has read and considered report and recommendation of Probation Officer, and Diagnostic Report if any.Deputy District Attorney FORMTEXT Meredith Sillman appeared.Probation Officer FORMTEXT Darlene Foster appeared.Defendant appeared with Deputy Public Defender FORMTEXT Jennifer Davenport.Kris Hunsaker is present and addressed the court.Defendant waives formal arraignment for pronouncement of judgment.Defendant states there is no legal cause why judgment should not be pronounced.Recommendations are made by respective parties.Kris Hunsaker is present and addressed the court.As to count FORMTEXT 2: imposed the upper term of FORMTEXT 3 year(s), FORMTEXT 0 month(s), FORMTEXT 0 day(s).Plus enhancement as to count FORMTEXT 2 pursuant to FORMTEXT VC23558 of FORMTEXT 1 year(s).Plus enhancement as to count FORMTEXT 2 pursuant to FORMTEXT PC12022.7(a) of FORMTEXT 3 year(s).The defendant is committed to the department of corrections for the total fixed term of FORMTEXT 7 year(s), FORMTEXT 0 month(s), FORMTEXT 0 days(s), and the execution of that sentence is suspended for FORMTEXT 5 year(s), FORMTEXT 0 month(s), FORMTEXT 0 days(s), on condition obey all laws and placed on Formal Probation under the following conditions of probation:Obey all laws.Report to the probation officer within three days of sentencing or, if you are in custody, immediately upon release and thereafter when and as required.Do not change place of residence from Monterey County or leave State of California without permission of the probation officer.Report any changes of residence, address or telephone number to the probation officer within 24 hours.Report any new law violation, arrest or citation by law enforcement to the probation officer within 24 hours.Pay a fine of $390.00 plus penalty assessments, restitution fine and administrative fees for a total of $2,104.00. Includes $300.00 SRF)(Penalty assessments total $1,209.00 and include: (1) $390.00 per PC 1464(a)(1); (2) $273.00 per GC 76000(a)(1); (3) $78.00 per PC 1465.7; (4) $195.00 per GC 70372); (5) $78.00 per GC 76000.5; (6) $39.00 per GC?76104.6(a)(1)); and (7) $156.00 per GC 76104.7). Additional fees total $125.00 and include: (1) $25.00 per VC23645(a); and (2) $100.00 per VC23649(a). Administrative fees total $80.00 and include ($25.00 per PC 1463.07; and (2) $55.00 per PC 1205(d). Restitution fine is $300.00 per PC 1202.4(b)).Pay victim restitution in an amount to be determined to the Hunsaker family. This order is enforceable as a civil judgment. (PC § 1202.4(a)(3)(B), §1202.4(i))Court retains jurisdiction for purposes of restitution.You shall contact the Monterey County Revenue Division (located at 168 West Alisal St., 1st Floor, Salinas, CA 93901-2680) within three days, or if in custody, within three days of release, and make arrangements to pay all fines, fees, and victim restitution and pay as directed by the Revenue Division.Totally abstain from the knowing use of alcoholic beverages, do not knowingly purchase or possess alcoholic beverages, and stay out of places where you know alcohol is the main item of sale.Do not knowingly use or possess alcohol, intoxicants, or other controlled substances without the prescription of a physician. Do not traffic in, or associate with persons known to you to use or traffic in controlled substances.Submit to and complete any field sobriety test or alcohol/narcotics testing of your blood, breath, or urine at the request of any probation officer or peace officer. Permit the search of your person, car, personal effects, or place of residence, night or day, without the necessity of a search warrant at the direction of any probation officer or any peace officer.Do not knowingly possess, receive or transport any firearm, ammunition or any deadly weapon. Immediately surrender any firearms or ammunition you own or possess to law enforcement. (PC 29800)Seek and maintain gainful employment or become enrolled as a full-time student as available. Participate in and complete community service as directed by the District Attorney’s DUI Vertical Prosecution Unit, which may include speaking to various groups of youth and community regarding the effects of DUI, participate in presentations, mock trials, and share your story in an attempt to prevent others from participating in DUI related behavior. Immediately provide the District Attorney’s office of updated contact information to include: email address, phone number, and physical address, any time there are any changes.Have no direct or indirect contact with the victims, including contact by telephone, writing, computer, or through another person.Participate in any counseling or substance abuse program the probation officer deems necessary, including approved residential treatment. Not operate a vehicle with any measurable amount of alcohol/drug in your blood.Not operate a vehicle unless properly licensed and insured.You shall not own or operate a motor vehicle unless the vehicle is equipped with a functioning ignition interlock device certified pursuant to CVC 13386. This restriction shall remain in effect for the entire period of the mandatory license revocation and until you meet all reinstatement requirements in CVC 13352. (CVC 23575(a)(1)) Complete an approved Driving Under the Influence Treatment Program pursuant to CVC 23502(a), monitored by Probation. Do not associate with any individuals you know, reasonably should know, or are told by the probation officer are on any form of probation, mandatory supervision, post release community supervision, or parole supervision.Provide all identifying information required by Penal Code Section 296(a)(1).Serve 365 days in county jail, credit for time served of 1 day (1 actual day plus 0 conduct/work credits). Conduct/work credits calculated at 50%.The court denies all programs outside of custody.Other orders of the court that are not conditions of probation are:An additional restitution fine in the amount of $300.00 is imposed, suspended, and not to be paid unless and until probation is revoked and not reinstated. (PC § 1202.44) Pay a Court Operations Assessment of $40.00 times the number of convictions for a total of $40.00. (PC 1465.8(a)(1))Pay a $30.00 Court Facilities Assessment times the number of convictions for a total assessment of $30.00. (GC 70373)Pay a $4.00 Emergency Medical Air Transportation penalty times the number of convictions for Vehicle Code violations for a total of $4.00. (GC 76000.10) Defendant shall pay, in accordance with his/her ability to pay, the criminal justice administration fee incurred in defendant’s arrest and booking in accordance with section 29550.1/29550.2 Government Code.PROBATION SERVICE FEES: The defendant is ordered to pay $864.00 for the cost of preparation of the probation report plus $81.00 per month as the cost of supervised probation in accordance with his/her ability to pay. The defendant is ordered to provide the probation officer with financial information for evaluation of his/her ability to pay and is ordered to pay the amount probation determines he/she can afford. In January 2000, the Board approved Ordinance No. 04051, amending chapter 2.93 of the Monterey County Code regarding Probation’s authority to assess fees to recover the average costs of Probation Services based on a determination of the clients’ ability to pay. The recommended Probation Fee Schedule/Article XVIII, updated February 2009 to the current amounts, is on file with the clerk to the board.Upon motion of the District Attorney, all remaining charges, enhancements and/or special allegations are hereby ordered dismissed/stricken pursuant to PC 1385.Case continued to FORMTEXT Friday, July 24, 2015 at FORMTEXT 8:30 AM in FORMDROPDOWN courtroom FORMTEXT 3 for setting of Restitution Hearing.Defendant is remanded to the custody Of the Monterey County Sheriff.//Dated: Pamela L. Butler, Superior Court Judge ................
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