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em FILED RICHARD J.CURRAN ogee ‘tory at Ly pi cm State Bar No, 35826 08 201g 1255 NS Harber Bie, Ste. 200 som eri zeae econ Fax: 714-871-5620 MAODROUEE oepury SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE People ofthe Ste of Califia, Caen nwo Pla, } nonce oF Morion To STRIKE } Bectrn’e drrentes an pmlons; vs 3 MEMORANDUM OF POINTS AND } Arinaaris i gupront ROMERO & Femando Pere, } RopRiCtEZ MoToN} Defendant 3 me august, 2018 Time: 9:00 3m. Dept: [NOTICE IS HEREBY GIVEN tht on Avgust 1, 2015, 89:00 am. in Deparment C41 of the above-enid Cour, Defendant, mando Pere, will move the Court for an order striking specific offenses and prior. ointsand Authorities “The information fled inthis scion alleges violation of Penal Code Section 186:2(a) on hich ajury fund be defendant gully. Subsequently, dhe California Supreme Court hs ruled a People, Rochgues (2012) 5S Cal sth 1125, 150 Cal Rpt-34 533, that sole defendant could not be convicted of tat state and that Setion 186.22() requires the collective ction of members. As sich the Verde in Count 3 cannot stand. Likewise, one ofthe ee serious or violent felony priors legd ie forthe same voltion from March 23, 2000, in Case 99NF2783, nd it also should be stricken as shuld the PC 667(a\) prior allegation forthe same offense. ERE MOTO TORTIE ECD OFS een ‘There ee two addition strike offenses alleged. ~a violation of PC 4964(a¥18622(0)1) ‘tom 2002 andthe other PC 120251/186 2(6)1) from 2001. A this point these prior are now thieen and fourteen years od and neither of the underlying offenses are in themselves serious or Violet. Iis te enhancement under enal Code Section 18622(b) that makes them so. This defendant is moving this Court for is orer striking these priors forte purpose of sentencing. Ina copra Bling, persons intsrestod inthe outcome of sentencing have submited reports, lees an ‘materials expressing this view that given the efforts of Me, Pere, the jstice system ofthe nation, state and county have been served. The Coit asked o tae iil tice ofthe proceesings helt in chambers ot March I, 2011 ia which # Deputy Shei stated that, sof tha point in ime, eleven persons had been saved ftom being subbed oiled by information provide by Me, Perez Materia will de presented in which Federal Agents wl provide information tht some number in exces of one Munded felons ae in custody du to hs information, He is preset in the Federal ‘Winess Proteaion program due to these efforts. Its also wel known that ei reported to be the ‘informant ina widely publicied mater and although Some information may not be used fom his cffots, it wasnt trough any wrongdoing oa his part that make to, “The Caurthas discretion under Penal Code Section! 1385 in the furtherance of justice, People w. Supvir Court (Romero) (1996) 13 Cal th 497, $3 Cal Rpt. 24 789. In People v. tins (1998) 17 Cel Ath 148, 69 Cel.24 9017, te Cour sated: “The court mast consider weber, in light ofthe ature and cumstances of his preset ‘Rlonies and per svious ener violent felony convictions andthe paniculars of his beck ground, character, and prospects the defendant may be deemed outside the scheme’ ep, in whole or in st and eee should be tested a though he i uot previously been convicted of one cr more ‘elonies endo not previously been convicted on one or more serious encorvolent felonies” ‘This dfendant has throw of the lf eyle that led to his previous offenses, as, while in ‘custody, obmined & GED Cerificate, obuined continued education credit from Aubum Universi, sisted law enforcement agencies beyond any oter person o situated, nd asthe suppor and ‘endorsement ofcnds, family and law enforcement. While in custody he has completed many coures such pining and participated ina dog uaining program fr bomb sing dogs. His lso 2 6 n 1 ‘nun that hous ina feral wines protection fli is tantamount to irual isolation, Access to trinng or educational materials or courses is Very limited asi outside contct with anyone Forallof the foregoing reson, itis respctfily requested ta the Cour, fr purposes of sentencing, srke the prior convictions as alleged. Dated: AugusS, 2015 NGCECENGTENTOSTANE SHECED OFENSES eee PROOF OF PERSONAL SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE am ovr the age of eighteen (I) year fag and ot party tothe within tion my ‘sins ads is 1235 N Harber Boulevard ute 200, Fulton, Califia 9282. On the sre aya show otis eatin. | served the fllowing documents): NOTICE OF MOTION TO STRIKE SPECIFIED OFFENSES AND PRIORS; MEMORANDUM OF POINTS AND [AUTHORITIES IN SUPPORT (ROMERO & RODRIGUEZ MOTION) onal he interested pares by placa tue and cone copy hereof adresse as lows as designated below: Ofc othe Distt Atomey Sto ie Cener Bove Wes Sanu Ata CA 32701 (2) BY FIRST CLASS MAIL (CP. $1013 tse leased suid document) tobe poi in he Unto States malin sled envelope with postage ily prepaid at Fulton, Calton, thing he rina practice at my lace of busines of colton and proveting of soi with he U.S. Postal Serie onthe same yas shown on this delaton dsl under peat of psy under th lw ofthe St of Califor that he foregoing ‘soc emtcoret Dated: Augush, 2015 , 2. on flLE ED nn RICHARD J, CURRAN ‘ENTREE Shen pure Se in fe 1235. 1, aun M,C Fullerton, CA9283 recom ‘Fax: 714-871-5620, a: SUPERIUK COUKT OF THE STATE OF CALIFORNIA ‘COUNTY OF ORANGE, People ofthe Stat of Clitoris, Pini, (case No, O7WFOIS3 STATEMENTS IN MITIGATION Fenando Pere. Defendant Defendant, Fernnd Pete, is scheduled for sentencing August 2, 2015, at 9:00am. in Deparment 4) of the Superior Cour ofthe Sate of Califorsia, County of Orange, Judge Greg, Picket presicng. Defenlant, having been found guilty of specifi offense, submits ihe following atached Information aad leers from interested paris in Mitigation of Sentence, Additonal information to beaded as received, Defendant also aks the Couto take judicial notice of cour transcripts ofin chambers proscedings of March 11,2011 n which a her's deputy stated that approximately ‘leven individuals were saved from being stabbed or killed in Orange Coun Jil hough Information povided by Mr, Pees (Transerp pg 2, lines 22-25). Dutt: Augie L, 2015 Rept sb atom for TaN TATERTON eee n 2 a “ 1s 16 a] 8 9) 2 2 2 2 By 2s 26 n Fy ‘PROOF OF PERSONAL SERVICE srargorcauronsn cour or onset Inno ese ae eet se tr se ltl, aye iene sr STATES PIGATION ee cet pty cy ee tin saescezersar ESSER (oo nrmercUesn co $M gan td unin a ier i Pa Cte tego penny hte ec pe csi ater a ee i Vt pay pe are nt otal bi wate Dated: Augus S,2015 d 2