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THE GILLESPIE LAW FIRM, P.C. ai THE GILLESPIE LAW FIRM, PC ir Craig C. Gillespie, No. 013008 | PME 27 | | Dave Roscoe, No. 024529 3101 N. Central Ave., Suite 990 Phoenix, Arizona 85012 DB Telephone: (602) 253-1010 : Email: GL Attorneys for Defendant IN THE SUPERIOR COURT OF THE STATE OF ARIZONA. IN AND FOR THE COUNTY OF PINAL, | Case No. CR-201701197 MOTION TO WAIVE DEFENDANT’S Plaintift, | PRESENCE AT REVIEW HEARING; COUNSEL REQUEST TO APPEAR. TELEPHONICALLY (UNOPPOSED) STATE OF ARIZONA, v. CALEB BEERY, | Pxpedited Ruling Reques¥efon Holmberg Defendant, | Ateneo the Ryo aeble kasper atl ie | Review Hearing: 1/24/2019 at 10:00 a.m. Defendant Caleb Beery, by and through undersigned Counsel, respectfully requests this Court waive Defendant’s presence at the January 24, 2019 Review Hearing, Counsel | will appear on Defendant’s behalf and respectfully requests this Court allow counsel to | appear telephonically. The reason for this request is that the parties have not yet lentified a solution to the Defendants being deemed ineligible for the County's Work Release | Program. In December, undersigned Counsel communicated with Atorney Rodney States, counsel for the Pinal County Sheriff's Office, regarding the Defendants eligibility for work release. Mr. States has opined A.R.S. § 11-459 prohibits work release under the circumstances at hand. ‘The parties have requested clarification from Mr. States regarding possible alternatives that might make the Defendants igible for work release. The parties are currently awaiting Mr. States’ response. The parties have also engaged in a dialog regarding options other than having the Defendants serve their jail terms in Pinal County. These discussions are ongoing. | 8D CONFORMED COPY FURNISHED g a = % Z < A 2 = & 2 4 2 G a x = 53.1048, 60 Accordingly, Defendant requests that his personal appearance be waived. Defense Counsel will appear on Defendant’s behalf telephonically at the h ing. Defense Counsel has confirmed Counsel for the State, David Ahl, has no objection to this | request. Defendant has been in consistent communication with undersigned Counsel and can appear telephonically if necessary. However, based on the above, Defendant and undersigned Counsel respectfully requests this Court waive his presence at the January 24, 2019 Review Hearing. RESPECTFULLY SUBMITTED this 21* day of January, 2019. Chain ©. ‘The Gilles Attorneys Gilléspie, No. 013008 se Law Firm, P.C ¢ Defendant ORIGINAL of the foregoing sent by FedEx this 21* day of January, 2019 to: Clerk of the Pinal County Superior Court 971 N. Jason Lopez Circle, Bldg. A Florence AZ 85232 COPY of the foregoing emailed this same date to: The Honorable Stephen McCarville Pinal County Superior Court Email: DCA David Ahl Pinal County Attorney’s Office Email: David. Ahl@pinalcountyaz. gov By: Aisle {m0 Wn feder law office p.a. a 2930 East Camelback Road, Suite 160 Phoenix, Arizona 85016 602-257-0135 phone 602-954-8737 fax : Bruce Feder — State Bar No. 004832 ‘Attorney for Defendant Mary Beery IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PINAL THE STATE OF ARIZONA, CASE NO. CR2017-01196/DV Plaintiffs, JOINDER IN CO-DEFENDANT CALEB vs. BEERY’S MOTION TO WAIVE DEFENDANT’S PRESENCE AT MARY RUTH BEERY. REVIEW HEARING; COUNSEL REQUEST TO APPEAR Defendant. TELEPHONICALLY (UNOPPOSED) Jason Holmberg ‘The Defendant, Mary Ruth Beery, by and through her attorney undersigned, hereby joins | in Defendant Caleb Beery’s Motion to Waive Defendant's Presence at Review Hearing; Counsel Request to Appear Telephonically, filed by Co-defendant Caleb Beery (Unopposed), (CR2017- (01197), by and through his attorney, Craig Gillespie, in all respects as said Motion applies to her RESPECTFULLY SUBMITTED thi * day of January, 2019. FEDER LAW OF PAL Brice Feder Attomey for CONFORMED COPY FURNISHED BD