IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO: F08-36522AB
JUDGE: — Barzee
Plaintiff.
vs,
John Romney and Delaila Estefano
Defendant(s)
AMENDED DISCOVERY EXHIBIT
COMES NOW KATHERINE FERNANDEZ RUNDLE, State Attorney of the Eleventh Judicial
Cirouit of Florida, by and through the undersigned Assistant State Attorney, and files this Amended
Discovery Exhibit under Florida Rule of Criminal Procedure 3.220, as follows:
I Martinez, Michael (Category AS)
520 Brickell Key Drive
Miami, FL 33131
2. Copy of Plea Agreement of Michael Martinez.
Respectfully submitted
KATHERINE FERNANDEZ RUNDLE
State Sm yy _
wy, Be A LAG
William J. Kosfzewski
Assistant State Attorney
Florida Bar #705550
1350 N.W. 12th Avenue
Miami, FL 33136-2111
(305) 547-0671
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and exact copy of the above was furnished to Alvin
Entin, Esq., and Derek Zacca, Esq., on this 25" day of June, 2099. /7
fe
Assistant StarAttomeyIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT.
IN AND FOR DADE COUNTY, FLORIDA.
Case No. F08-36522C_
MLE
State of Florida v
Michael Anthony Martinez, Defendant
PLEA AGREEMENT
|
Sua 24 cost |
COMES NOW KATHERINE FERNANDEZ RUNDLE, Stat€¥#fi8imey of th
Eleventh Judicial Circuit, and through the undersigned Assi iaIe Attorney, William
J. Kostrzewski, and defendant Michael Anthony Martinez, by himself and through his
undersigned counsel, hereby enter into this Plea Agreement, subject to acceptance by the
Court, regarding the above styled case as follows:
1. Upon acceptance of this agreement by the Court, defendant shall plead guilty to
‘Count Two (2) of the Information, to wit: Grand Theft, 1 Degree. Such plea is
irrevocable. In the event that the Court does not accept and ratify this agreement, this
agreement is void ab initio. Upon acceptance of this agreement by the Court, the State
shall nolle prosse Counts One (1) and Three (3) of the Information as they refer to the
defendant.
2. The Court shall adjudicate defendant guilty and shall sentence defendant to two
years of Community Control, followed by three (3) years probation.
3. Asa condition precedent to this agreement, defendant shall pay stipulated
investigative costs to the Miami-Dade Police Department, Economie Crimes Bureau, in
the amount of one thousand dollars ($1,000.00).
4. Asa condition precedent to this agreement defendant shall pay stipulated
investigative costs of prosecution to the Office of the State Attorney for the 11" Judicial
Circuit in the amount of one thousand hundred dollars ($1,000.00).
5.As a special condition of Community Control and probation, defendant shall
perform one hundred (100) hours of Community Service at a rate of not less than eight
(8) hours per month, as directed by the Department of Corrections
6. Defendant agrees that he is responsible for stipulated restitution in the amount
of fifteen thousand dollars ($15,000.00) payable to Citi Mortgage, Inc. As a special
condition of Community Control and probation, defendant shall make payments of not
less than five hundred dollars ($500.00) per month to vietim Citi Mortgage, Ine., or to its
successor(s), or, in the event that Citi Mortgage, Inc., is reimbursed for its loss by title
insurance, to its insurer, of title.
Defendants Initials
Defense Counsel's nia <2 _
Prosecutor's Initials08-36522C
Defendant Michael A. Martinez
Page 2
7. As an additional condition of Community Control and probation, defendant
agrees to cooperate with any law enforcement agency, including, but not limited to, the
Miami-Dade Police Department and the Office of the State Attorney for the 11" Judicial
Circuit, and/or any authorized representative of any victim, relating to defendant's
knowledge of and participation in the crimes encompassed by this plea agreement and
related offenses. In furtherance thereof, defendant shall make himself available for and
shall testify truthfully and completely at any and all meetings and/or debriefing sessions
arranged by such law enforcement agency and/or vietim’s representative, as well as at any
and all hearings, depositions, trials and other proceedings resulting from or related to
defendant’s cooperation, Defendant stipulates to the truth of previous statements made to
police officers in connection with defendant's cooperation with said officers previous to
this agreement.
8.As an additional special condition of this agreement and of community control
and probation, the defendant is prohibited from working or being employed, ei
directly or indirectly, in the real estate, credit, mortgage, lending or title fields or having
any ownership or control of any business in such fields.
er
9. Asa condition of Community Control, defendant may not petition the Court
for conversion of Community Control to probation until the defendant has sucessfully
completed six (6) months of Community Control and is current in his payment of
restitution, cost of supervision and his community service hours. Also as a condition of
probation, defendant may not request early termination of probation for two (2) years
from the date of this agreement and only if the defendant has successfully completed his
requisite Community Control and probation, and has fully paid his restitution and
satisfied his community service obligation and cost of supervision, Defendant agrees to
extend the term of his probation to the statutory maximum to insure full payment of his
restitution obligation.
10, Defendant specifically waives any right to appeal
11. Defendant waives any pre-sentence investigation.
Defendant's Initials 2
Defense Counsel's Infinjs “Be _
Prosecutor's Initials 4FO8-36522C
Defendant Michael A. Martinez
Page 3
12. This agreement contains the complete agreement between the parties and no
representations other than as contained herein shall be given effect herewith.
Signed and dated this the 2YA day of Jere 2009, in Miami, Miami-Dade
County, Florida.
Respectfully submitted,
KATHERINE FERNANDEZ RUNDI
State Attorney
By DAG _
William J. Kostraewski
Assistant State Attomey
Florida Bar # 705550
I HEREBY CERTIFY that | have read this entire agreement, that I have discussed
the contents of this agreement with my undersigned attorney, that I understand all the
conditions and obligations contained herein, that I am entering into this agreement fieely
and voluntarily with full knowledge of its contents.
I HEREBY CERTIFY that | am the attorney for the defendant Michael Anthony
Martinez, that [ have discussed the contents of this agreement with him, am satisfied that
he understands all the conditions and obligations contained herein, that he is entering into
this agreement freely and voluntarily with full knowledge of its contents, and further, that
he has read this entire agreement.
Joel Hirschhorn
Attorney for Michael Anthony
Florida Bar # 104573
APPROVED:
Defendants initials “4
Defense Counsel’s nial Se —
Prosecutor's InitialsDefendant Michael A. Martinez,
Page 4
ive Costs: $1,000.00
‘ase No. PD0071213669959
Miami Dade Police Department
Economic Crimes Bureau
Attn: Det. Ralph Duran
1701 N.W 87" Ave, Suite 100
Doral, FL. 33172
Costs of Prosecution: $1,000.00
Case No. FO7-44341B,
Office of the State Attomey
Fiscal Division
‘Attn: Melissa Carmona
1350 N.W. 12" Ave
Miami, FL. 33136
Restitution: $15,000.00 @ $500.00 per month
Citi Mortgage
ATTN: Celia Ritchey
1000 Technology Drive #MS140
Fallon, MO 63368
636-261-6493
Defendant’ Initials,
Defense Counsel's fi
Prosecutor's Initials ”