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Schooling Case - Gallegos

Schooling Case - Gallegos

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Published by Rose
The State v Brian Schooling - timeline of an attempt to give the guy probation... A plea deal given to a man who had injured his 8-10 week old infant - bilateral skull fractures; subdural hematoma; broken clavicle; eight broken ribs, six of which are fresh, 2 of which are ten days old; metaphyseal fractures on each femur, which can only come from shaking; retinal hemorrhages; third degree immersion burns; blood gases indicative of a freshwater drowning.


A FULL CONFESSION, video tape of the perpetrator confessing and demonstrating how he shook this infant, and held him under the water to keep him quiet.
A clear case of child abuse. The DA gave this guy probation.
The State v Brian Schooling - timeline of an attempt to give the guy probation... A plea deal given to a man who had injured his 8-10 week old infant - bilateral skull fractures; subdural hematoma; broken clavicle; eight broken ribs, six of which are fresh, 2 of which are ten days old; metaphyseal fractures on each femur, which can only come from shaking; retinal hemorrhages; third degree immersion burns; blood gases indicative of a freshwater drowning.


A FULL CONFESSION, video tape of the perpetrator confessing and demonstrating how he shook this infant, and held him under the water to keep him quiet.
A clear case of child abuse. The DA gave this guy probation.

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Published by: Rose on Jun 02, 2010
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06/02/2010

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original

State of California supe.r Court, County of HUmbO.

Eureka Division

Case number: CR991295S OTHER PROCEDURALS

Date: 12/14/05

Printed: 12/14 @ 14:43

Judge: CISSNA, TIMOTHY Court Clerk: B. Rosa

Court Reporter: None in attendance Defense attorney: BROWN, GLENN (present) District attorney: ISAAC, ANDREW (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (not present)

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Discussion held regarding credits.

Court states the credits will remain as previously awarded.

Some of the credits were awarded under 2933.1 and some under 4019.

Clerk to fax a copy of today's minutes to C.D.C~

Custodial status: Transferred - State Prison.

Bail may not be posted

BRIAN CHRISTOPHE SCHOOLING __

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California su~or Court, County of HUmbdlit Eureka Division

Case number: CR991295S STATUS REVIEW

Date: t

Printed: 8/30 @

Judge: CISSNA, TIMOTHY Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING; defendant (present)

Appearance Date(s)

8/30/04 at 2:31 PM for PROBATION TERMINATED.
8/30/04 at 2:35 PM for ROUTE MINUTE TO JAIL.
8/30/04 at 2:31 PM for SENTENCED.
8/30/04 at 2:32 PM for REMAND TO CUSTODY.
Charge(s) 1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Sentenced previously with the following modifications:

State prison, middle term, for 7 Yearsi CFTS 1987 Days.

3) PC 245 (A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Sentenced previously with the following modifications:

State prison, consecutively" 1/3 the middle term, for 1 Years.

Defendant to receive custody credits as follows:

for the period of 3/28/99 to 3/23/04 1987 actual, 261 PC2933.1 plus 122 PC4019 days.

Notes

Court states resolution is as follows: probation to terminate today, defendant to be sentenced to the

mid term of 4 years for count 1, 3 additional years for the GBl allegations, 1/3 the mid term for 1 year in

count 3, for a total term of 8 years. Further, defendant to receive custody credits and defendant to waive ALL APPEAL RIGHTS through sentencing as well as calculation of custody credits.

Restitution amount of $2000 pursuant to 1202.4(b) of the

Minutes continued on page 2

Page 1

State of California sup~or Court, County of HUmbO~ Eureka Division

Case number: CR991295S

Date: 8/

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1 California Penal Code to be paid pursuant to PC 2085.5.

Restitution fine of $2000 imposed and stayed pursuant to PC 1202.45.

Defendant ordered to pay restitution ln the amount of $4230.

Defendant advised of parole.

Court finds there is an inability to pay for services of Court appointed counsel.

Court finds defendant does not have ability to pay booking fee.

Custodial status: Sentenced.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Phone: ( 707) 445 - 7475

Conflict Counsel

931 Third Street Eureka, CA 95501

Page 2

State of California sup~or Court, County of HumbO~ Eureka Division

Case number: CR991295S STATUS REVIEW

Date: 8/

Printed: 8/26 @

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date{s)

8/30/04 at 2:00 PM in Courtroom 7 for STATUS REVIEW.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/0B/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Continued by stipulation.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California su~or Court, ~o~n~y of HUmb~t Eureka D1V1Slon

Case number: CR991295S STATUS REVIEW

Date: 8/25/04

Printed: 8/25 @ 14:42

Judge: CISSNA, TIMOTHY Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

8/26/04 at 1:30 PM in Courtroom 7 for STATUS REVIEW.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Sentenced previously with the following modifications:

No probation.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Sentenced previously with the following modifications:

No probation.

Notes

People file Motion to Withdraw Plea.

Attorney Brown responds orally to Motion.

Court states previous sentence was stricken.

Defendant may either be sentenced to CDC or withdraw plea and proceed to a trial.

Matter continued to 1:30 p.m. tomorrow.

Both counsel directed to be present before 1:30 p.m.

File remains with Judge Cissna.

Custodial status: Sentenced.

BRIAN CHRISTOPHE SCHOOLING

Address

State of California sup~or Court I County of HUmb~ Eureka Division

Case number: CR991295S

Date: 8/25/04

THE PEOPLE VB. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1

Conflict Counsel

931 Third Street Eureka I CA 95501

Phone: (707) 445-7475

Page 2

State of California ~

suP4ltor Court, County of Humbollt Eureka Division

Case number: CR991295S STATUS REVIEW

Date: 8/23/04

Printed: 8/23 @ 15:00

Judge: CISSNA, TIMOTHY Court Clerk: B. Rosa

Court Reporter: Darcy Casagrande

Defense attorney: BROWN, GLENN (present) District attorney: FLEMING, MARGARET (present)

THE PEOPLE VB. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

8/23/04 at 8/23/04 at 8/25/04 at

2:58 PM for ROUTE MINUTE TO JAIL.

2:58 PM for ROUTE MINUTE TO PROBATION. 2:00 PM in Courtroom 7 for STATUS REVIEW.

as to sentencing

Charge(s}

1) PC 273A(A); felony; -INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Sentenced previously with the following modifications!

No probation. No jail time.

No state prison time.

3) PC 245 (A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Sentenced previously with the following modifications:

No probation.

No state prison time.

Notes

DDA Fleming states she does not know the status of the pleadings.

Attorney Brown addresses the Court.

DDA Fleming addresses the Court.

Over the objection of Attorney Brown and defendant the Court strikes the previously imposed sentence.

Attorney Brown addresses the Court.

Minutes continued on page 2

Page 1

State of California ~

sup~r Court, County of Humbo]ll Eureka Division

:ase number: CR991295S

Date: 8/23/04

rHE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1

Attorney Brown requests defendant be released.

Matter continued to 8/25.

The Court orders DA Gallegos to be present on 8/25.

Custodial status: Sentenced.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 2

Case number: CR991295S STATUS REVIEW

Date: 8/11

State of California sup~r Court, County of HUmbO~ Eureka Division

Printed: 8/16 @ 14

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande

Defense attorney: BROWN, GLENN (present) District attorney: FLEMING, MARGARET (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

8/23/04 at 2:00 PM in Courtroom 7 for STATUS REVIEW.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SOFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea~ Guilty entered 1/23/04 Previously sentenced.

Notes

DDA Fleming states Mr. GAllegos is requesting a continuance to file something in this matter.

Attorney Brown objects as matter was continued for receipt of filing.

If People intend to file any pleadings they are to be filed on or before 8/23/04.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California sup~r Court, County of Humbo~ Eureka Division

~ase number: CR991295S 3UPPLEMENT REPORT

Date: 8/09/04

Printed: 8/09 @ 15:08

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

8/16/04 at 2:00 PM in Courtroom 7 for STATUS REVIEW.

OF PETITION TO BE FILED BY PEOPLE.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3} PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Letter from defendant submitted to Court.

CUstodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California su~or Court, County of Humb~t Eureka Division

:ase number: CR991295S SUPPLEMENT REPORT

Date: 7/19/0~

Printed: 7/19 @ 14:13

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

8/09/04 at 2:00 PM in Courtroom 7 for SUPPLEMENT REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

previously sentenced.

3) PC 245 (A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Court has read and considered additional reports from the probation department.

Court states defendant will not be released on probation with the terms and conditions as recommended.

Arguments by Counsel.

Matter continued to allow counsel to research status of probation, sentence, and plea.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING ___

Address

Witness

Minutes continued on page 2

State of California sup~or Court, ~o~n~y of Humb~ Eureka D~v~s~on

:ase number: CR991295S

Date: 7/19/04

rHE PEOPLE VB. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

page 2

State of California su~or Court, County of Humb~t Eureka Division

~ase number: CR991295S ;UPPLEMENT REPORT

Date: 7/07/04

Printed: 7/07 @ 16:22

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande

Defense attorney: BROWN, GLENN (present) Jistrict attorney: DIKEMAN, WORTH JR (present)

rHE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

7/07/04 at 7/07/04 at 7/19/04 at

4:21 PM for ROUTE MINUTE TO PROBATION. 4:21 PM for REFERRED TO PROBATION.

2:00 PM in Courtroom 7 for SUPPLEMENT REPORT.

Charge(s)

1) PC 273A(A}; felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 24S(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Document submitted to Court by Attorney Brown.

Court has read all items submitted.

Attorney Brown addressed the Court.

Court asks both counsel to forward any additional informatio to probation.

Matter referred to the probation department for recommendations regarding the following: Cornerstones Recovery program, modification of child association to accomodate defendant1s participation in Cornerstones,

and defendant1s counseling with Dr. Mise 1 time every two weeks with transportation via Greyhound Bus.

Court requests discussion of each individual request and

Minutes continued on page 2

Page 1

State of California su~or Court, County of HUmb~t Eureka Division

:ase number: CR991295S

Date: 7/07/04

rHE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1 not a general response.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING __

Address

Witness

Probation Department

2001 Harrison Avenue Eureka, CA 95501

Phone: (707) 445-7601

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 2

State of California su~ior Court, County of Humb~t Eureka Division

:ase number; CR991295S 3UPPLEMENT REPORT

Date: 6/14,

Printed; 6/14 @ 14:~

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

7/07/04 at 2:00 PM in Courtroom 7 for SUPPLEMENT REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Court read most recent report.

Counsel address Court.

Attorney Brown requests continuance and DA Gallegos does not object.

Request for continuance is granted.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING __

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

State of California su~ior Court, County of Humb~t Eureka Division

Case number: CR991295S SUPPLEMENT REPORT

Date: 5/26,

Printed: 5/26 @ 14:~

Judge: CISSNA, TIMOTHY Court Clerk: B. Rosa

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE VB. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

6/14/04 at 2:00 PM in Courtroom 7 for SUPPLEMENT REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/0S/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Attorney Brown addresses the Court regarding programs for defendant.

Court states its tentative decision.

DA Gallegos states his objection to any modification.

Matter referred to the probation department for their input as to a possible modification, of condition #23 on the probation department filed 3/24/04, relative to placement in the Corner Stone Program.

Court requests the probation department contact the

Corner Stone Program and see what is the least modification they would accept to allow defendant into their program.

Court would also like input by the probation department regarding if they agree or disagree with the requested modification.

Minutes continued on page 2

Page 1

Case number: CR991295S

Date: 5/2t

, ..

State of California su~ior Court, County of HUmb~t Eureka Division

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: ( 707 ) 44 5 - 74 7 5

Page 2

State of California su~or Court, County of Humb~t Eureka Division

Case number: CR991295S SUPPLEMENT REPORT

Date: 5/19/04.

Printed: 5/19 @ 14:24

Judge: CISSNA, TIMOTHY Court Cierk: B. Rosa

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE va. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

5/26/04 at 2:00 PM in Courtroom 7 for SUPPLEMENT REPORT.

Charge(s)

l) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF.ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Attorney Brown addresses the Court.

DA Gallegos addresses the Court.

Matter continued to allow Attorney Brown to check and see if the Cornerstone Program would accept defendant into their program.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California sup~or Court, County of Humb~ Eureka Division

Case number: CR991295S STATUS REVIEW

Date: 4/28/04

Printed: 4/28 @ 15:32

Judge: CISSNA, TIMOTHY Court Clerk: E. Kerr

Court Reporter: Darcy Casagrande

Defense attorney: BROWN, GLENN (present) District attorney: JACKSON, ALLISON (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

4/28/04 at 3:31 PM for REFERRED TO PROBATION.

SUPPLEMENTAL REPORT

5/19/04 at 2:00 PM in Courtroom 7 for SUPPLEMENT REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 245(A){1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

The court has received a supplemental report from Probation.

Court received, read and considered the Probation Officer's report.

Referred back to probation for a supplement report as to the recommendations for further actions re probation.

Referred to Probation for a Supplemental Report.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

State of California su~or Court, County of HUmb~t Eureka Division

2ase number: CR99129SS STATUS REVIEW

Date: 4/14/04

Printed: 4/14 @ 14:08

Judge: CISSNA, TIMOTHY Court Clerk: B. Rosa

Court Reporter: Sabrina Shaha

Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Dat~(s)

4/28/04 at 2:00 PM in Courtroom 7 for STATUS REVIEW.

Residential program and calculation of credits

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

previously sentenced.

3) PC 245{A) (l); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

DA Gallegos states there is no residential program in Humboldt County that is willing to accept defendant, is his understanding.

Attorney Brown requests that the probation department help find an residential program, including programs out side of the county in the state of California.

Probation Officer Morris Pratton present and addresses the Court.

Court requests that Probation Officer Pratton try to find a program, including out of the county programs.

Matter continued to try and find a program.

Defendant agrees to the continuance.

Minutes continued on page 2

Page 1

State of California ~

su~or Court, County of Humb~t Eureka Division

:ase number: CR991295S

Date: 4/14/04

rHE PEOPLE VB. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1

Court states it has previously authorizied that defendant may be released to the probation department for transportation to a residential program.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING __

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 2

State of California sup~r Court, County of HumbO~ Eureka Division

~ase number: CR991295S lTATUS REVIEW

Date: 4/12/04

Printed: 4/12 @ 14:24

Judge: CISSNA, TIMOTHY Court Clerk: B. Rosa

Court Reporter: Darcy Casagrande

Defense attorney: BROWN, GLENN (present) Jistrict attorney: FLEMING, MARGARET (present)

rHE PEOPLE VB. BRIAN CHRISTOPHE SCHOOLING. defendant (not present)

Appearance Date(s)

4/12/04 at 4/14/04 at

2:24 PM for ROUTE MINUTE TO JAIL.

2:00 PM in Courtroom 7 for STATUS REVIEW.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Previously sentenced.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Previously sentenced.

Notes

Defendant in custody, not brought down this date.

Attorney Carter appearing on behalf of Attorney Brown.

Attorney Carter requests the matter be continued to 4/14 to allow Attorney Brown to be present.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California •

sup~or Court, County of Humbo u~ Eureka Division

Case number: CR991295S P.O. REPORT

Date: 3/24/04

Printed: 3/24 @ 15:13

Judge: CISSNA; TIMOTHY Court Clerk: M. Jones

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

4/12/04 at 2:00 PM in Courtroom 7 for STATUS REVIEW. custody credits

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

Execution of sentence suspended.

Sentenced to:

Formal probation for 10 Years.

Humboldt County Jail for 365 Days; Suspend 1 Days.

State prison, aggravated term, for 6 Years; Suspend 6 Years.

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04 Execution of sentence suspended.

Sentenced to:

Formal probation for 10 Years.

State prison, consecutively" 1/3 the middle term, for 1 Yearsi Suspend 1 Years.

The Court imposes a booking fee [pursuant to Government Code Section 29550.2(a)] of $196.33.

Defendant sentence to 3 years consecutive for enhancement PC12022.7 which is suspended.

Defendant sentenced to a total consecutive ter.m of 10 years which is suspended.

Notes

Defendant waives arraigment for judgement.

There being no legal cause why judgment should not now be

Minutes continued on page 2

Page 1

State of California I sup.r Court, County of HumboI Eureka Division

Case number: CR991295S

Date: 3/24/04

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 1

pronounced.

Court received, read and considered the Probation Officer's report.

Court will allow a grant of probation.

Defendant waives his appeararance on 4/12/04 if he is in a residentital treatment program.

Defendant to sign the appropriate release so that probation may reveiw all defendants records.

Court finds there is an inability to pay for services of Court appointed counsel.

Probation to place the defendant on intensive caseload.

Condition #23 on the probation report to be modified to add further defendant shall not assiciate with any person male or female with children under the age of 18 without the per-mission of his probation officer.

Custodial status: Sentenced.

(B) Defendant shall be released from the Humboldt County

(B) Correctional Facility to the Probation Officer or the

(B) Probation Officer1s designee for entry into a residential

(B) treatment program.

(B)

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 2

State of California Sl~ior Court, County of HU~dt -~ Eureka Division

Case number: CR991295S P.O. REPORT

Date: 3/22/04

Printed: 3/22 @ 14:37

Judge: CISSNA, TIMOTHY Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

3/24/04 at 2:00 PM in Courtroom 7 for P.O. REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Notes

Attorney Brown submitted document to Court.

Counsel and defendant do not object to Court having ex parte communications with Dr. Mise and Crossroads.

Matter continued to allow Court to contact the above parties.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

--------------------------------

Address

Witness

:onflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California S~ior Court, County of HU~dt Eureka Division

Case number: CR991295S P.O. REPORT

Date: 3/15/04

Printed: 3/15 @ 15:30

Judge: CISSNA, TIMOTHY

Court Clerk: Kim Johnston

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: ISAAC, ANDREW (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

3/15/04 at 3/22/04 at

3:29 PM for ROUTE MINUTE TO PROBATION. 2:00 PM in Courtroom 7 for P.o. REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Notes

Counsel for the defendant addressed possible admittance into Crossroads.

Defendant has no objection to continuance.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

State of California S~ior Court, County of HU~dt Eureka Division

Case number: CR991295S P.O. REPORT

Date: 3/15/04

Printed: 3/15 @ 15:30

Judge: CISSNA, TIMOTHY

Court Clerk: Kim Johnston

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: ISAAC, ANDREW (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

3/15/04 at 3/22/04 at

3:29 PM for ROUTE MINUTE TO PROBATION. 2:00 PM in Courtroom 7 for P.O. REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

3) PC 245{A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Notes

Counsel for the defendant addressed possible admittance into Crossroads.

Defendant has no objection to continuance.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING _

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 1

• State of California

Su ior Court, County of Hu~t Eureka Division

Case number: CR991295S P.o. REPORT

Date: 3/01/04

Printed: 3/01 @ 14:32

Judge: CISSNA, TIMOTHY

Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Appearance Date(s)

3/15/04 at 2:00 PM in Courtroom 7 for P.O. REPORT.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 8/08/00

3) PC 245 (A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Notes

Court has read and considered probation officer's report.

Court states questions and concerns prior to sentencing and requests Attorney Brown provide Court with answers prior to a grant of felony probation.

Attorney Brown addressed the Court.

Sentencing continued.

FILE REMAINS WITH TPC.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING

Address

Witness

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

State of California s~rior Court, County of Hu~dt Eureka Division

Case number: CR991295S JURy TRIAL

Date: 1/23/04

Printed: 1/23 @ 09:55

Judge: CISSNA, TIMOTHY Court Clerk: L. Chapman

Court Reporter: Darcy Casagrande Defense attorney: BROWN, GLENN (present) District attorney: GALLEGOS, PAUL (present)

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING. defendant (present)

Appearance Date(s)

1/23/04 at 1/23/04 at 3/01/04 at 1/23/04 at

9:09 AM for ROUTE MINUTE TO PROBATION. 9:09 AM for REFERRED TO PROBATION.

2:00 PM in Courtroom 7 for P.O. REPORT. 8:57 AM for PLEA ENTERED.

Charge(s)

1) PC 273A(A); felony; INFLICT UNJUSTIF. PHYS. PAIN/MENTAL SUFF. ON CHILD Defendant plea: Guilty entered 1/23/04

2) PC 273D; felony; INFLICT INJURY UPON CHILD dismissed: PER NEGOTIATED DISPOSITION

3) PC 245(A) (1); felony; ADW OR GBI FORCE/NOT FIREARM Defendant plea: Guilty entered 1/23/04

Notes

Counsel state there is a disposition in this matter.

Disposition is as follows: Defendant to plea guilty to count 1, admit speciallegation for count 1 of personally inflicting GBI pursuant to PC12022.7, information to

be amended by stipulation to add a count 3 of PC245 (A) (1) assault likely to produce great bodily injury - not alleging a deadly weapon use, and count 2 to be dismissed.

Further agreement is that the plea is open with the following paramaters: if Court grants probation, defendant to receive the aggravated term of 6 years for count 1, 3 years consecutive for enhancement, and 1/3 the mid term of 1 year consecutive for count 3 for a total term of 10 years with ESS. If defendant is sentenced to

Minutes continued on page 2

Page 1

State of California siltrior Court, County of Hum~dt Eureka Division

Case number: CR991295S

Date:

1/23/04

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING1 defendant (present)

Minutes continued from page 1

CDC, defendant to receive the mid term of 4 years for count 1, 3 years for the GBI enhancement consecutive, 1/3 the mid term of1 year for count 3 for a total of 8 years in state prison.

Attorney Brown states defendant waives consecutive sentence objections pursuant to PC654 for counts 1 & 3.

Defendant waives appeal rights with exception to ineffective counsel, illlegal sentence, or error in custody credits.

DA Gallegos states factual basis for plea.

Defendant is advised of the maximum sentence for this plea.

Defendant agrees to the above referenced sentences.

Defendant advised of parole.

Defendant advised of probation.

Defendant advised of fines and restitution.

Defendant advised of victim restitution.

Defendant understands the plea to count 1 will result in a STRIKE conviction.

Defendant understands the increased penalties with a STRIKE conviction.

Defendant advised he will only receive 15% credits for time spent in jail due to the STRIKE.

Defendant advised of minimum 1 year child abusers treatment program.

If you are not a citizen of the United States, you are advised that a conviction of any offense for which you may have been charged may result in deportation, exclusion from admission to the United States or denial of naturalization pursuant to the laws of the United States of America.

Minutes continued on page 3

Page 2

State of California s~rior Court, County of Hum~dt Eureka Division

Case number: CR991295S

Date:

1/23/04

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 2

Defendant is advised that if he is presently on probation or parole this plea may constitute a basis for violation of that probation or parole.

Refer to court reporter's transcript for advisement of rights.

Defendant advised and waived rights to a trial, to see and question witnesses, subpoena witnesses & self incrimination.

Defendant states plea is free and voluntary and no threats or promises have been made.

The defendant enters a plea(s) of guilty.

Defendant ADMITS special allegtaion pursuant to PC12022.7.

Defendant advised that presumptively he is not eligible for probation and that he would only receive a grant of probation upon a finding of unusual circumstances.

Defendant states plea is free and voluntary and no threats or promises have been made.

Court finds defendant is in full possession of his faculties that he freely and voluntarily waived rights; the plea is free and voluntary; there exists a factual basis for the plea and the defendant understands the consequences of the plea.

9:03 a.m. All prospecitve jurors present. This portion of the hearing is not reported. Jurors are advised that there has been a disposition in this case and they are thanked and excused.

Defendant waives time for sentencing.

Matter referred to the probation department for the preparation of a pre-sentence report.

Attention probation - defendant is in custody.

Minutes continued on page 4

Page 3

State of California S~rior Court, County of Hu~dt

...,.. Eureka Division

Case number: CR991295S

Date: 1/23/04

THE PEOPLE vs. BRIAN CHRISTOPHE SCHOOLING, defendant (present)

Minutes continued from page 3 Exhibits are retained at this time.

Custodial status: County Jail with no bail allowed.

BRIAN CHRISTOPHE SCHOOLING _

Address

Witness

Probation Department

2001 Harrison Avenue Eureka, CA 95501

Phone: (707) 445-7601

Conflict Counsel

931 Third Street Eureka, CA 95501

Phone: (707) 445-7475

Page 4

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