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9 )
vs. ) No.
10 ) OCSO 10-027779
11 JOSEPH MARK WEXLER 03/13/69 ) RANCHO SANTA MARGARITA
C5209876 )
12 )
13 1I ~D~e~f~e~n~d~a~n~t~(~s~)~)
1
I declare under penalty of perjury, on information and belief,
2
that the foregoing is true and correct.
3
Dated 03-12-2010 at Orange County, California.
4 HM/LEM 10S00398
5
6
TONY RACKAUCKAS, DISTRICT ATTORNEY
7
by: /s/ DAN HESS
8
DAN HESS, Deputy District Attorney
9
RESTITUTION CLAIMED
10
11 None
$----
12 x To be determined
13
NOTICES:
14
15 The People request that defendant and counsel disclose, within
15 days, all of the materials and information described in Penal
16 Code section 1054.3, and continue to provide any later-acquired
17 materials and information subject to disclosure, and without
further request or order.
18
19 Pursuant to Penal Code Section 296.1, defendant, JOSEPH MARK
WEXLER, is required to provide DNA samples and thumb and palm
20 prints.
21
22
23
24
25
26
27
28
MINUTE ORDER
,-_._-_. Report Request Criteria ---_._- - -
Case Number 10SM00974 M A I 1, Docket Date Range : Date filter
I
MINUTE ORDER
Report Request Criteria
Case Number 10SM00974 M A 1. Docket Date Range : Date filter
2. Sequnce Number Range: Sequence filter
4/16/2010 25 Pay $30.00 Security Fee per convicted count pursuant to Penal Code
1465.8.
26 Pay Criminal Conviction Assessment Fee per convicted count of $30.00
per misdemeanor/felony and $35.00 per infraction pursuant to Government
Code 70373(a)(1).
28 Pay $10.00 plus penalty assessment Local Crime Prevention Fund
pursuant to Penal Code 1202.5.
29 Payment of all monies due stayed to 01/18/2011.
30 Defendant ordered to pay in full or report to the Collections Department by
01/18/2011.
31 Pay restitution in the amount as determined and directed by Victim
Witness as to count(s) 1..
32 Court orders 10% interest on judgment from today's date.
33 Complete and return Statement of Assets form to court by 05/17/2010.
34 Complete 80 Hours Community Service as directed by Volunteer Center
as to count(s) 1, 2.
35 Community Service stayed to. 01/18/2011 for proof of completion.
t ,'- :.r.;;-~.)t..:\..)rn::'\
36 Defendant ordereg}o re,p~~rgf'p.'~nteer Center within 72 hours.
37 Defendant is required to complete a new financial disclosure form if money
is still owing on a restitution order or fine 120 days before the scheduled
release from probation. Defendant is required to file the form with the court
at least 90 days before the scheduled release from probation.
38 Defendant accepts terms and conditions of probation.
)
2. I understand that I am pie no contes and admitting the following offenses, prior convictions, and
special punishment allegations, with the urn punishment indicated below.
PRIORS/ALLEGATIONS
(Date)
3. I understand I am also Charged with a violation of probation in Case No. -=-~_:::_-::-::::. f«h~J
BY: P. METOYEfl....,DEPUTY
RIGHTS AND WAIVERS
4. I understand I have the following constitutional rights, which I am waiving and giving up by entering
this plea of gUilty, or no contest, and if applicable, by my admission of a probation violation.
4a. I understand I have the right to be represented by an attorney at all stages of the proceedings until
the case is terminated. If I cannot afford an attorney, one will be appointed to represent me free of
charge. (For defendants who do not have an attorney; I give up my right to an attorney
and choose to represent myself).
4b. I understand I have the right to a speedy and public trial by ajury or a judge. I waive and give
up this right.
4c. I understand .1have the right to confront the witnesses against me and to cross examine them.
I waive and give up this right.
4d. I understand I have the right to testify on my own behalf but that I cannot be compelled to be a
witness against myself, and may remain silent if I choose. I waive and give up this right.
4e. I understand I have the right to present and produce evidence by having the Court issue
subpoenas to bring into Court all witnesses and evidence favorable to me, at no cost to me. I waive
and give up this right.
4f. I understand that under the Fourth and Fourteenth Amendments to the United States Constitution,
I have a right to be free from unreasonable searches. I waive and give up this right. If I am
granted probation, I agree to submit my person and property, including any residence, premises,
container or vehicle under my control to search and seizure at any time of the day or night by any law
enforcement or probation officer with or without a warrant, and with or without reasonable cause or
reasonable suspicion.
I. I understand I have a right to appeal an adverse ruling on a Penal Code 1538.5 Motion (Suppression motion).
I give up this right.
I understand that I have a right to have a delay in pronouncement of my sentence of not less than six hours
and not more than five days after my plea. I give up this right and agree to be sentenced at this time.
276
BY 9/14/05
GENERAL MISDEMEANOR GUILTY PLEA FORM
7. I understand I have the right to reject probation and I hereby waive and give up that right and accept
probation on the terms and conditions )( as imposed by the court,
7a. I also understand if the judge does not wish to follow the District Attorney's sentence
recommendation, I may withdraw my plea of guilty or no contest.
7b. I also understand that if I violate any of the terms of probation, I may be returned to court and
sentenced up to the maximum punishment as indicated in number 2 above.
CONSEQUENCES
8. I understand the possible consequences of my guilty plea or plea of no contest, and admissions are as follow':
8a. I understand there will be state penalty assessments (tax) added to any fines imposed by the court.
8b. I understand I will be ordered to pay a minimum of $100 and a maximum of $1,000 to the State
Restitution Fund unless the court makes a finding of "compelling and extraordinary reasons" for
waiving this fine.
8c. I understand I will be ordered to pay a $100 Probation Revocation Restitution Fine pursuant to PC
1202.44 and that this Restitution Fine will be stayed and become effective upon final revocation of
probation.
8d. I understand that if I am not a citizen of the United States the conviction for the offense charged may d.'
.have the consequence of deportation, exclusion from admission to the United States, or denial of r....-.7~'---:';;-,--'
. naturalization pursuant to the laws of the United States. / /
8e. I understand that if I am charged and convicted of a similar offense in the future, my plea of guilty r-::f-e;;-f"7<--·
or no contest today may be used to increase my punishment for the new offense.
8f. I understand that if I am presently on probation or parole for any previous conviction, my plea of guilty (/
or no contest today may cause me to be in violation of that probation or parole and result in additional
penalties and/or punishment.
8g. I understand there may be additional consequences to my plea of guilty or no contest, as follows:
(delete those not applicable)
For specified sex offenses: Register as a sex offender as required by section 290 Penal Code
For specified drug offenses: Register per 11590 Health and Safety Code.
/2.
I
8h. I understand that DMV may take action and suspend my license for specified drug, alcohol /:
offenses, and vandalism as follows: / /
. ! ./
1276
Rev 9/14/05
Page 2 of 3
.I
~ -RIOR COURT, COUNTY OF OR E
GENt:,~L MISDEMEANOR GUILTY PLEA rORM
9. I understand I have the right to enter my plea before, and be sentenced by, a judge. I give up this right
and agree to enter my plea before, and be sentenced by, a commissioner or temporary judge.
__ - . (Enter name of commissioner or pro tem judge).
PLEA
,/_ ,__._--.:::.:c-~-=-----""'.,
10. I offer my plea of GUlL TY(or NO CONTEST..-arrd admit the listed priors and enhancements, freely and voluntarily. No
one has made any threats, ~yrorceagainst me or my family or loved ones, and no one has made any promises to
me other than as set out a;Qfkth~e Recommendation form.
~ '. .
11. My plea of GUlL ~~de with a full understanding of all the matters set forth in the Complaint and
in this form, which J declare under penalty of perjury that I have read, understood, and that I have personally initialed each
item herein. I further declare that everything on this form is true and correct and understand that the signing and tiling of
this form is Conclusive Evidence that I have pleaded guilty or no contest to the charges set forth.
DEFENDANT'S ATTORNEY: I am the attorney of record for the defendant. I have explained each of the above rights to the
defendant and answered all of the defendant's questions with regard to the plea. I have discussed the facts of the defendant's case
with the defendant and explained the consequences of this plea, the elements of the offense(s), the possible defenses, and the
sentence to b~ imposed. I concur in this plea and in the defendant's d~n~~Ve-htS'/l1er
O~
-" .
INTERPRETER'S STATEMENT: Having been sworn or having a written oath on file, I certify that I translated this form to the
defendant in the language. The defendant stated that he / she understood the contents of this form and then
he / she initialed and signed the forin.
DATED:_----'" _ SIGNED _
1276
Rev 9/14/05
Page 3 of 3
_ SENTENCE RECOMMENDATION FORM - GENERAL MISDEMEAN~R C>
PEOPLE VS
o
o
Count(s)
Count(s)
;,)C5C':3{,h U---c.::..x(c_r.
o
any establishment where alcohol is primary item of sale. o Book and release and show proof by _
Disclose probation terms upon request of Peace Officer.
o JAIL STAYED to at __ am/pm. Report
FINES AND FEES to Thea Lacy I OCJ
o Pay a fine of $ + P.A. on count _ No work release 0 No County Parole
o Pay a fine of $ + P.A. on count _ No Electronic Confinement D No CWP
D Commit on fine(s) on count(s) __ ----'~~ _
~ Pay $100.00 State Restitution Fine C plete ours days omm. Ser . Cal
~ Pay $30.00 Security Fee (per convicted count) rans I Cal rans as Physical Larn'Jl~-_J
~ Pay $100 Probation Revocation Restitution Fin D In lieu of fines D In lieu of jail
pursuant to PC1202.44. Restitution fine sta d; to D Complete Graffiti Removal as to count _
o
become effective upon final revocation of obation.
Pay' $50 Lab fee.
o (Vandalism) Driving privilege suspended for 1 year.
D (Alcohol I Drugs - Under 21) Driving privilege
§ Pay Criminal Conviction Assessment Fee(s) suspended for 1 year.
$30/misdemeanor; $35/infraction (per convicted count)
pursuant to G.C. 70373(a)(1).
o Complete __ AAiNA rneetinqis) per week / month as
to count
. 0 Fines/Fees to be paid forthwith o Probation to terminate / be modified to Informal status
o Fines/Fees to be paid through Collections
o Fines/Fees to be paid through Probation. o
o Pay $ to Victim Witness Emergency Fund
by~ _ o
Ma e Restitution~'n amount of $ or as
t"--rl!~ermined throu h ictim Witness DProbation.
Defe nda nt's Sig natu re .U,L---'il.....-~--=--'=7=--'--"~.-- __
Defendant ad vis a ht to a hearing. D.A I CA Signature .#
-------~--------
State of California
County of () C""-- __ \C >l-
On LI! g-/ 00\n _before me, ~~11\.1 ( tft-..-\)l (~SC ,0 ,
Notary Public, personally appeared JOe: p.-'lJrJ r ~'1D r V Lu
who proved to me on the basis of satisfactory e idence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hislhedtheir authorized capacitytiee), and that by his/her4h@r signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
8
AMVC.ANDEtSON
j -. Commll,'on # }77196}
I
1: Notary Public. Callforn'a
Orange County -
L{ .~cp
G-l'-£"'C\ (Y\ \') ciJflUtlNOl ~ \rj ~ ~ ~
5>", -r~".)(.9-(~C%,J,,",_d,~t)N~ jl ?.;, Y-
SUPERIOR COU~, OF THE STATE OF CALIFORNIA, -.JOUNTY OF ORANGE
HARBOR JUSTICE CENTER - NEWPORT BEACH FACILITY
4601 Jamboree Road, Newport Beach, CA 92660.
PROBATION ORDER
PROBATION ORDER
, ! ;.
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MINUTE ORDER
,----- Report Request Criteria --
Case Number 1OSM0097 4 M A 1. Docket Date Range : Date filter
2. Sequnce Number Range: Sequence filter
Docket Dt Seg
To enter a plea of guilty or not guilty of said charges, you are hereby
notified to appear on 03-26-2010 at 8:30 AM, in Court Room AS POSTED
of the Justice Center below:
Re: 10S00398
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