the state bar of californiamembers.calbar.ca.gov/courtdocs/19-c-30494.pdf180 howard street san...

THE STATE BAR OF CALIFORNIA OFFICE OF CHIEF TRIAL COUNSEL KEVIN B. TAYLOR, No. 151715 180 Howard StreetSan Francisco, California 94105-1639 Telephone: (415) 538-2000

IN THE STATE BAR COURT OF THE STATE BAR OF CALIFORNIA

) Case No.IN THE MATTER OF THE CONVICTION OF: )

) Transmittal of Records of Conviction of Attorney (Bus. & Prof. ) Code §§6101-6102; Cal. Rules of Court, rule 9.5 et seq.)DAVID ALDEN JAMES,

No. 193907 )) (OCTC Case No. 19-C-21244)

A Member of the State Bar )) [X] ) [X]

Misdemeanor;Hearing required to determine whether crime(s) involves

moral turpitude or other misconduct warranting discipline;

Evidence that conviction is final.

)).) [X]

To the CLERK OF THE STATE BAR COURT:

1. Transmittal of records.

Pursuant to the provisions of Business and Professions Code, section 6101-6102 and California Rules of Court, rule 9.5 et seq., the Office of Chief Trial Counsel transmits a certified copy of the record of convictions of the following attorney of the State Bar and for such consideration and action as the Court deems appropriate:

[X] A.

Notice of Appeal[ ] B.

Evidence of Finality of Conviction (court docket)[X] C.

[ X ] D. Other

DAVID ALDEN JAMESName of Licensee:December 31,1997Date licensee admitted to practice law or registered in California:

David Alden JamesLicensee’s Address of Record:70 San Carlos Ave.Sausalito, CA 94965

2. Date and court of conviction; offense(s).

The record of conviction reflects that the above-named attorney of the State Bar was convicted as follows:

Date of entry of conviction:Convicting court: California Superior Court, County of Marin

June 15,2015

CR192316Case number(s):

Crime(s) of which convicted and classification(s): Violation of Vehicle Code § 23152(b), driving while having a blood alcohol level of .08% or higher, a misdemeanor that may or may not involve moral turpitude or other misconduct warranting discipline. {In re Kelley (\ 190) 52 Cal. 3d 487.)

[ ] 3. Compliance with Rule 9.20. (Applicable only if checked.)

We bring to the Court’s attention that, should the Court enter an order of interim suspension herein, the Court may wish to require the above-named attorney to comply with the provisions of rule 9.20, California Rules of Court, paragraph (a), within 30 days of the effective date of any such order; and to file the affidavit with the Clerk of the State Bar Court provided for in paragraph (c) of rule 9.20 within 40 days of the effective date of said order, showing the attorney’s compliance with the provisions of rule 9.20.

[ X ] 4. Other information to assist the State Bar Court:

The attached court docket, dated September 18, 2019, shows that no appeal was filed in the criminal case subsequent to the entry of judgment on June 15, 2015. (Rules of Court, rule 8.853 [notice of appeal to be filed within 30 days after rendition of judgment].)

DOCUMENTS TRANSMITTED:

Certified copy of Complaint Certified copy of Plea Form Certified copy of Case Docket

THE STATE BAR OF CALIFORNIA OFFICE OF CHIEF TRIAL COUNSEL

DATED: September 27, 2019 BY:Kevin B. Taylor Senior Trial Counsel

The Office of Chief Trial Counsel received the full set of Certified Record of Conviction on this matter on September 23, 2019.

A copy of this transmittal and its Attachments have been sent to:

DAVID ALDEN JAMES 70 San Carlos Ave. Sausalito, CA 94965

1TOIS INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE

IN THIS OFFICE

SEP | 9 2019^-vCRl 92316Attest:

J“SnUSWEWORCOURr‘ bjj:— M. Moronki D£p*rrtj^

EDWARD S. BERBERIAN MARIN COUNTY DISTRICT ATTORNEY KEVIN R. O'HARA 'DEPUTY DISTRICT ATTORN STATE BAR NUMBER 164059 3501 CIVIC CENTER DRIVE, SAN RAFAEL, CA 94903-5207 TELEPHONE:FAX NUMBER: (415) 473-3719

(415) 473-6450 MAR ~ 9 2015

»«-1- ~Qi. Depurl^-^~)

ATTORNEYS FOR THE PLAINTIFF

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MARIN

THE PEOPLE OF THE STATE OF CALIFORNIA, ) NO. CR192316)) AGENCY CASE NO(S). ) CA27916SQ

PLAINTIFF,

v.) COMPLAINT

DAVID ALDEN JAMES,

DEFENDANT(S).

I, THE UNDERSIGNED, SAY, ON INFORMATION AND BELIEF, THAT IN THE COUNTY OF MARIN, STATE OF CALIFORNIA:

On or about March 8, 2015, the crime of DRIVINGCOUNT 001:

UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, in violation of

Section 23152(a) of the Vehicle Code, a misdemeanor, was

committed by DAVID ALDEN JAMES, who, at the time and place last

aforesaid, did willfully and unlawfully, while under the

influence of an alcoholic beverage, drive a vehicle.

^/COUNT 002: For a further and separate cause of complaint, being

an offense connected together in its commission with and of the

Page 1 of 3COMPLAINT

(

CR192316DAVID ALDEN JAMES

same class of crimes as the charge set forth in Count 001,

complainant further complains and says: On or about March 8,

2015, the crime of DRIVING WHILE HAVING A .08% OR HIGHER BLOOD

ALCOHOL, in violation of Section 23152(b) of the Vehicle Code, a

misdemeanor, was committed by DAVID ALDEN JAMES, who, at the time

and place last aforesaid, did willfully and unlawfully, while

having .08 percent and more, by weight, of alcohol in said

defendant's blood, drive a vehicle.

IT IS FURTHER ALLEGED, as to Counts 1 and 2, that the said

defendant(s), DAVID ALDEN JAMES, had a blood alcohol level of

as determined by a preliminary alcohol screening.386/.377%,

device, within the meaning of Vehicle Code Section 23578.

IT IS FURTHER ALLEGED THAT, as to Counts 1 and 2, that

within ten (10) years of the commission of the above offense(s).

the said defendant(s), DAVID ALDEN JAMES, committed the following

separate violation of Vehicle Code Section 23152 or 23153 or

23103, as specified in Section 23103.5 of the Vehicle Code, or

any combination thereof, and was duly convicted thereof within

the meaning of Vehicle Code Section 23540:

On July 4, 2006, said defendant violated Section

23152(b) of the Vehicle Code and was convicted on July 26, 2006,

in the Superior Court, of the Sonoma Judicial District, of the

PRIOR 1:

State of California in court case no. SCR492197.

Page 2 of 3COMPLAINT

/

CR192316DAVID ALDEN JAMES

COUNT 003: For a further and separate cause of complaint, being a

different offense from but connected in its commission with the

charge set forth in Count 002, complainant further complains and

On or about March 8, 2015, the crime of DRIVING WITHOUT Asays:

VALID DRIVER'S LICENSE, in violation of Section 12500(a) of the

Vehicle Code, a misdemeanor, was committed by DAVID ALDEN JAMES,

who, at the time and place last aforesaid, did willfully and

unlawfully drive a motor vehicle upon a public road, street, or

highway without holding a valid driver's license issued under the

Vehicle Code of the State of California.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT EXCEPT AS TO THOSE MATTERS STATED ON THE INFORMATION AND BELIEF AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRUE.

EXECUTED ON 3/9/2015, AT SAN RAFAEL, CALIFORNIA.

fL-D'fL.KEVIN R. O'HARADEPUTY DISTRICT ATTORNEY

Page 3 of 3

COMPLAINT

lb AJCUKKE^^ COURT USE ONLY-Mm 1 nib ll\b 1 KUIVlblN 1COPY OF THE ORIGINALSUPERIOR COURT OF CALIF pm IN THIS OFFIC 5 .m

JJCOUNTY:

Attest: SEP 19 2]11^MARIN m * im 15 2015PLAINTIFF: JAMES M. KIM. court Exec MARIN

iiwe Oil

PEOPLE OF THE STATE OF CALI Bit:STY m \-DEFENDANT: H COUR,

K\~vbS-K^ St<*~K'LS

DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA B^RM________________ (Vehicle Code §23152)___________^

CASE NUMBER:CX2-\ ^ \ Ctf

INSTRUCTIONSFill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 5. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge.

RIGHT TO AN ATTORNEY1.. I understand that I have the right to be represented by an attorney throughout the proceedings.

I understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to.I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself..........................................................................

NATURE OF THE CHARGES (Complete all items you are charged with.)I understand that i am charged with a violation of Vehicle Code section(s):

2. 23152(a) - Driving under the influence of alcohol or drugs, or both....................................................3. 23152(b) - Driving when my blood-alcohol level was .08 percent or higher........................................4. 23152(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher. .5. 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both................................................6. Check if applicable - dl 14601 or CZI 14601.1 or EZl 14601.2 or IH3 14601.5

Driving in knowing violation of a driver’s license restriction, suspension, or revocation...................7. Check if applicable - □ 14601.3 (Habitual traffic offender) - Accumulating a driving record history

in knowing violation of a driver’s license suspension or revocation..................................................8. If applicable -1 understand that I am also charged with the following other offense(s):

INITIALS ^

1.

2.3. A/fc-"

if6.

7.

TYPE OF OFFENSE(S) AND SECTION NUMBER(S)

9. If applicable -1 am also charged with having the following other conviction(s):

• 7 LIST OFFENDS), CASE NUMBER(S) AND DATE(S) 9.10. If applicable -1 am also charged with violating the probation order(s) in the following case(s):

S 7/ioiiCASE NUMBER(S) AND DATE(S)

ii.OAT11.1 understand the charge(s) against me, and the possible pleas and defenses.................................

CONSTITUTIONAL RIGHTS12. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury trial. At the

trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt............................................................................. I12.

PRU-101 (Rev. 1-2009) Continued on reverse Page 1 of 6

INITIALS *CONSTITUTIONAL RIGHTS (Continued)13. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross-

examine all witnesses testifying against me...................................................................................

14. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting other conviction(s) or probation violation(s), I am incriminating myself.

15. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and tohave the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me.................................................................................................................................

RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S)16. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the right to

confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all charges against me, including other alleged conviction(s) or probation violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, but I do have the right to a hearing before a judge...............................................................................

WAIVER OF RIGHTSUnderstanding all of the above, for all of the charges against me, including any other allegedconviction(s) or probation violation(s):17.1 give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.)18.1 give up my right to a jury trial........................................................................................................19.1 give up my right to confront and cross-examine witnesses...........................................................20.1 give up my right to remain silent and to not incriminate myself....................................................21.1 give up my right to produce evidence and witnesses on my own behalf........................................

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST22.1 understand that if I am not a citizen, a plea of guilty or no contest (nolo contendere) could result

in my deportation, exclusion from admission to this country, or denial of naturalization................23.1 understand that a plea of no contest will have exactly the same effect in this case as a plea of

guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony............................................................................................. ................................................

24.1 understand that any plea entered in this case may be grounds for revoking probation or parolewhich has previously been granted to me in any other case............................................................

25.1 understand that the Department of Motor Vehicles (DMV) may consider any of my otherconvictions for DU I or reckless driving, even those that are not charged in this proceeding, and may impose a more severe license suspension or revocation as a result..............................................

26. I understand that in addition to the fine, the Court will add assessments which will significantly increase the amount I must pay. I will also be ordered to make restitution and to pay a restitution fine of $100 to $1000 (or $200 to $10,000 if the offense is a felony), unless the Court finds compelling and extraordinary reasons not to do so..........................................................................

27.1 understand that being under the influence of alcohol or drugs, or. both, impairs my ability to safely operate a motor vehicle, and it is extremely dangerous to human life to’drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder.

28.1 understand that if I am the registered owner of the vehicle used in the offense:A. The Court will impound my vehicle at my expense for up to 90 days, unless it is in the interests of justice not to do so. The Court may also declare my vehicle to be a nuisance and order it sold following a hearing if I have 2 or more other convictions for DUI, vehicular manslaughter (Penal Code § 191.5 or 192.5(a)), or any combination thereof, in the past 7 years..................................

,3^

14.

16.

18- (W19- Q/j r20. D/lT

21.0/G^

2,m23.

24.0A^

JThT

•' ••

28A.

Page 2 of 6PRU-101 (Rev. 1-2009) See next page

1CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued)

B. The Court may also require me to install an ignition interlock device (IID) for up to three years.Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a valid driver's license.........................................................C. If I am convicted of a second or subsequent violation of driving with a suspended or revokedlicense (V.C. § 14601 et seq.) or driving without a license (V.C. § 12500(a)), my vehicle will be subject to forfeiture as a nuisance....................................................................................................

INITIALS *

DAO28C.

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152)Minimum and Maximum Sentences when Probation is Granted

( 3 to 5 Years Probation Term)Minimum and Maximum

Sentences without ProbationOffense

The Court may order me to serve between 48 hours to 6 months in jail. 96 hours to 6 months in jail, and a within 10 years It will impose a fine of $390 to $1,000 and order me to complete a 3-month $390 to $1,000 fine. The DMV will See Nos. 29-37

First offense

alcohol/drug treatment program, if my blood-alcohol content was .20 percent or impose a 6-month driver's licensemore, or if I refused a chemical test upon my arrest, I must complete a 9-month suspension.treatment program. The DMV will also impose a 6-month driver's licensesuspension, or a 10-month license suspension if a 9-month treatment programis required.A jail term of either: (a) 10 days to 1 year, or (b) 96-hours to 1 year, a $390 to 90 days to 1 year in jail, and a $390 $1,000 fine, and completion of an 18-month alcohol/drug treatment program, to $1,000 fine. The DMV will impose

a 2-year driver's license suspension.

Second offensewithin 10 years The DMV will impose a 2-year driver's license suspension.See Nos. 29-37

Third offense 120 days to 1 year in jail, a $390 to $1,000 fine, and completion of an 18- 120 days to 1 year in jail, and a $390 within 10 years month alcohol/drug program if I have not completed one before. The DMV will to $1,000 fine. The DMV will impose See Nos. 29-38 impose a 3-year driver's license revocation. a 3-year driver's license revocation.

180 days to 1 year in jail, a $390 to $1,000 fine, and completion of an 18- 16 months, or 2 or 3 years in state month alcohol/drug program if I have not completed one before. The DMV will prison, (or 180 days to 1 year in

county jail); and a $390 to $1,000 fine. The DMV will impose a 4-year driver’s license revocation.

Fourth orsubsequentoffensewithin 10 years See Nos. 29-38

impose a 4-year driver's license revocation.

INITIALS *ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 2315229.1 understand that the DMV may suspend or revoke my driver’s license under a civil procedure

which is separate from this criminal action. I understand that the DMV’s action, if any, will be in addition to the Court’s sentence and that I must obey it...................................................................

30. I understand that if I am convicted of a first or second offense, and the Court determines that I would present a traffic safety or public safety risk if I am authorized to drive during the license suspension or revocation period, I will be unable to obtain a restricted driver's license from the DMV, which would allow me to drive to and from work, and to and from the treatment program. .

31.1 understand that the DMV will not restore my driving privilege following my driver's licensesuspension or revocation unless I provide the DMV with proof of insurance for 3 years......................

32.1 understand that proof of my successful completion of an alcohol/drug program must be received at DMV headquarters for my driving privilege to be reinstated, even if I am not ordered to attend such a program by the Court. I also understand that I must surrender my license to the Court.

33.1 understand that the DMV will prohibit me from operating a commercial vehicle for one year if Iam convicted of a first DUI offense or willful refusal to submit to or complete a chemical test to determine my blood-alcohol level which occurred in any vehicle. The DMV will prohibit me from operating a commercial vehicle ever again if I am convicted of a second or subsequent DUI offense or willful refusal to submit to or complete a chemical test in any vehicle.............................

34. I understand that the DMV will revoke my driver's license for a period of 4 years if I have a prior felony conviction in the past 10 years of Vehicle Code § 23152, 23153, or Penal Code § 192(c)(1), or any conviction within 10 years of Penal Code § 191.5(a), 191.5(b), or 192.5(a).........................

30.

0/fT32

otr33.

34.

PRU-101 (Rev. 1-2009) Page 3 of 6Continued on reverse

ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23152 (Continued)35. I understand that if I was under the age of 21 at the time of my arrest, my driver’s license will

also be suspended for 1 year, and I must surrender my license to the Court................................36.1 understand that if my blood-alcohol level was .15 percent or above, or if I refused to submit to a

chemical test, the Court will consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation.........................................................................

37. I understand that if I am placed on probation, it is unlawful to drive with a blood-alcohol level of .01 percent or higher and that my license will be suspended by the DMV for up to one year if I do so.

38. I understand that if I am convicted of a third or subsequent DUI violation, I will be designated as an habitual traffic offender for 3 years after my conviction, and I will receive an enhanced sentence if I drive in violation of my license revocation. If probation is granted, I may also request to participate in a 30-month treatment program. If the Court grants my request, I will be sentenced to the county jail for at least 30 days but not more than 1 year as a condition of probation. . .

INITIALS *

3

mr38.

SENTENCES FOR RECKLESS DRIVING (Sections 23103, 23103.5)Nature of Offense

Minimum and Maximum Sentences Other Consequences

If alcohol or drugs are involved, this conviction will act as a separate DUI conviction if I commit a subsequent DUI offense within 10 years.

A maximum of 90 days in jail, or $1,000 fine, or both, plus attendance at a treatment program.

If probation is not granted: 5 days to 90 days in jail, or $145 to $1,000 fine,or both.

Reckless driving If probation is granted: reduced from driving under the influence

SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTIONSecond or Subsequent Offense:I have one or more prior convictions in the past 5 years of either sections 14601, 14601.1, 14601.2, or 14601.5.

First Offense:Vehicle Code Section

10 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed.

5 days to 6 months in jail, and a fine of $300 to $1,000.14601

Up to 6 months in jail, or a fine of $300 to $1,000, or 5 days to 1 year in jail, and a fine of $500 to $2,000.14601.1both.

30 days to 1 year in jail, and a fine of $500 to $2,000. 30 days in jail required if probation is imposed.

10 days to 6 months in jail, and a fine of $300 to $1,000.10 days in jail required if probation is imposed.If I have been designated as an habitual traffic offender within 3 years of this conviction, in addition to the penalties above, I will be sentenced to serve 180 days in jail and to pay a $2,000 fine.

14601.2

Up to 6 months in jail, or a fine of $300 to $1,000, or 10 days to 1 year in jail, and a fine of $500 to $2,000.Note-section 14601.3 also constitutes a prior conviction for this offense.

14601.5both.

Second or Subsequent Offense:Prior conviction(s) in past 7 years of section 14601.3.

First Offense:Vehicle Code Section

180 days in jail, and a fine of $2,000.30 days in jail, and a fine of $1,000.14601.3

ADDITIONAL PENALTY FOR A VIOLATION OF SECTIONS 14601, 14601.1, 14601.2 or 14601.539. If applicable -1 understand that if I am convicted of a violation of Vehicle Code § 14601.2, or if the

original charge was for a violation of that section but I am pleading to section 14601, 14601.1 or 14601.5, the Court will order me to install an ignition interlock device (IID) on any vehicle that I own or operate for up to three years. Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a valid driver's license. Failure to install the IID shall result in the suspension of my driver's license by the DMV................

INITIALS

39.

Page 4 of 6PRU-101 (Rev. 1-2009) See next page

40.1 have read and understood the applicable charts on pages 3 and 4 which list the minimum and maximum penalties for the offense(s) I am charged with. (See No. 41 for the offenses not listed in the charts.)........................................................................................................................................

41. If applicable -1 understand that the possible consequences for the offense(s) charged, which are not listed on the penalty charts on pages 3 and 4, include the following:

SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX.

OTHER CONSEQUENCES :


OTHER CONSEQUENCES:


OTHER CONSEQUENCES:

SECTION NUMBER JAIL - MIN. MAX. FINE- MIN. MAX.

OTHER CONSEQUENCES:

PLEA(S)42.1 hereby freely and voluntarily plead OuJt l+Q

^GUILTY OR NO CIOto the following:

NTEST

LIST CHARGE(S)

43. If applicable - I freely and voluntarily admit the other conviction(s) that I listed on this form, and I understand that this admission will increase the penalties which are imposed on me. . . .

44. If applicable - I freely and voluntarily admit the probation violation(s) that I listed on this form andgive up my right to a hearing before a judge regarding the probation violation(s).............................

45.1 understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced for a misdemeanor, and the right to a delay of up to 20 days for a felony. I give up this right and agree to be sentenced at this time....................................................................................................

46. If applicable -1 understand that I have the right to enter my plea before, and to be sentenced by, a judge. I give up this right and agree to enter my plea before, and to be sentenced by:

TEMPORARY JUDGE'S NAME

DEFENDANTS SIGNATURE: DATE:y-

PRU-101 (Rev. 1-2009) Continued on reverse Page 5 of 6

ATTORNEY’S STATEMENT

I am the attorney of record for the defendant. I have reviewed the form and any addenda with my client. I have explained each of the defendant’s rights to the defendant and answered all of the defendant’s questions with regard to this plea. I have also discussed the facts of the defendant’s case with the defendant, and explained the consequences of this plea, tlthe defendant’s decision to/fraiveM her constitutional rights.

meflts of the offense(s), and the possible defenses. I concur in this plea and in

SIGNATURE OF DEFENDANT’S ATTORNEY^ DATE

INTERPRETER’S STATEMENT (if applicable)

I, having been sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language indicated below. The defendant stated that (s)he understood the contents of the form, and then (s)he initialed and signed the form.Language: Q Spanish Q Other (specify):_______________________________

DATETYPE OR PRINT NAMECOURT INTERPRETER’S SIGNATURE

COURT’S FINDINGS AND ORDER

The Court, having reviewed this form and any addenda, and having questioned the defendant concerning the defendant’s constitutional rights and the defendant’s admission of other conviction(s) and probation violation(s), if any, finds that the defendant has expressly, knowingly, understanding^ and intelligently waived his or her constitutional rights. The Court finds that the defendant’s plea(s) and admission(s) are freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea(s). The Court accepts the defendant’s plea(s), the defendant’s admission of the other conviction(s) and probation violation(s), if any, and orders this form filed and incorporated in the docket by reference as though fully set forth therein.

& /syJ/5-7[_ kludge of the Superior Court

[~"] Temporary Judge of the Superior CourtDATE

Page 6 of 6PRU-101 (Rev. 1-2009)

3 year conditional sentence (informal court probation) on the following terms and conditions:

1) Lead a Law Abiding Life;2) Pay a Penal Fine in the Amount of $2,394.00;3) Pay a Restitution Fine in the Amount of $ 150.00;4) Pay a Probation Revocation Restitution Fine in the Amount of $150.00 [this fine is stayed and is imposed only if there is a probation violation in the future];5) Pay an Administrative Screening Fee of $25.00;6) Pay a Court Operations Assesment in the Amount of $40.00;7) Pay a Criminal Conviction Fee in the Amount of $30.008) Do not drive with any measurable amount of alcohol in his/her system (a .01% BAC or higher) for the next three years;9) Do not refuse to take a chemical test if requested by a peace officer due to a detention for driving under the influence for the.next three years;10) Enroll in, attend, and complete the Multiple Offender Drinking Driver Program (DDP) ^ •11) Serve 45 days in the Marin County Jail (96 hours of which must be in actual custody)12) Impound the vehicle driven at the time of the incident for 48 hours with proof to the court of such impound;13) Do not use, possess or transport alcoholic beverages14) Install an Ignition Interlock Device on any vehicle owned and/or registered .to defendant, and defendant is not to drive any vehicle without an installed ignition interlock device.

Maximum Penalties: 1 year in the county jail and $1,000 fine.

09/18/19 15:50 PAGE 1

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF MARIN

J241481 MARIN CJIS ORGANIZATION: MC

CRIMINAL CASE DOC

THIS INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE

IN THIS OFFICECASE NO. CR192316A

SEP 1 9 201^Attest:

JAMES M. KIM. Court Executive Officer MARIN COUNTY SUPERIOR COURT

Bu: ffl, fflorOSkt . Depu^

PEOPLE V. JAMES, DAVID ALDEN

70 SAN CARLOS AV SAUSALITO, CA 94965

************************************************************************* * * *ATTORNEYS OF RECORD:

PROSECUTION: DANIEL MADOWDEFENSE:

******************************************************************************CHARGES, PLEAS AND DISPOSITIONS:

LATESTPRS TYPE PLEA DISPOSITION

COUNTNO. CODE/SECTION

1 VC 23152(A)2 VC 23152(B)

ALLEG: VC 235783 VC 12500(A)

M NOT G DISMISSEDM GUILTY PLED GUILTY1

M NOT G DISMISSED -INTEREST OF JUSTICE

09/18/19 15:50 PAGE 2


CRIMINAL CASE DOCKET CASE NO. CR192316A

******************************************************************************CASE SYNOPSIS:

03/09/1505/13/15

COMPLAINT FILEDHEARING HELD IN DEPT. M, SUPERIOR COURT,

BEFORE HON. TERRENCE BOREN, JUDGE.NATURE OF PROCEEDINGS: CHANGE OF PLEA.

CUSTODY STATUS: FREE ON CASH BAIL.HEARING HELD IN DEPT. M, SUPERIOR COURT,

BEFORE HON. JAMES T CHOU, JUDGE.NATURE OF PROCEEDINGS: CHANGE OF PLEA.


BEFORE HON. TERRENCE R BOREN, JUDGE.NATURE OF PROCEEDINGS: CHANGE OF PLEA.


BEFORE HON. GEOFFREY HOWARD, JUDGE.NATURE OF PROCEEDINGS: ARR ON PET TO REVOKE OR TERMINATE.


BEFORE HON. GEOFFREY HOWARD, JUDGE.NATURE OF PROCEEDINGS: SET HEARING ON PETITION TO REVOKE PROB.

CUSTODY STATUS: BENCH WARRANT ORDERED.BENCH WARRANT ORDERED ISSUED BENCH WARRANT ISSUED HEARING HELD IN DEPT. M, SUPERIOR COURT,

BEFORE HON. GEOFFREY HOWARD, JUDGE.NATURE OF PROCEEDINGS: SET HEARING ON PETITION TO REVOKE PROB.

CUSTODY STATUS: BENCH WARRANT OPEN.HEARING HELD IN DEPT. M, SUPERIOR COURT,

BEFORE HON. GEOFFREY HOWARD, JUDGE.NATURE OF PROCEEDINGS: APPEAR BENCH WARRANT(FTA).

CUSTODY STATUS: BENCH WARRANT OPEN.BENCH WARRANT RECALLED.HEARING HELD IN DEPT. F, SUPERIOR COURT,

BEFORE HON. JAMES T CHOU, JUDGE.NATURE OF PROCEEDINGS: PETITION TO REVOKE PROBATION.

CUSTODY STATUS: BENCH WARRANT OPEN.HEARING HELD IN DEPT. M, SUPERIOR COURT,

BEFORE HON. BETH S JORDAN, JUDGE.NATURE OF PROCEEDINGS: ARR ON PET TO REVOKE OR TERMINATE.

CUSTODY STATUS: BENCH WARRANT OPEN.HEARING SET ON 01/28/20 AT 09:00 A.M. IN SUPERIOR COURT, DEPT. M,

FOR: PROOF OF COMPLIANCE.CUSTODY STATUS: BENCH WARRANT OPEN.

06/10/15

06/15/15

05/16/18

06/18/18

$5,000.0006/18/1806/18/1806/22/18

06/27/18

06/27/1808/03/18

03/14/19

03/14/19

************************************************************************************************************************************************************RECORD OF CASE EVENTS:

09/18/19 15 : 50 PAGE 3



******************************************************************************RECORD OF CASE EVENTS:

OUT OF COURT ENTRIES FOR 03/10/15 AT 10:00 A.M.CASH BAIL RECEIPT NUMBER W-21837 IN THE SUM OF

$15,499.00 POSTED BY DAVID ALDEN JAMES. PG 591, LN 16 POSTED TO CASE.

ENTERED ON CJIS BY LT, DATE 03/10/2015.

03/10/15 10:00

OUT OF COURT ENTRIES FOR 04/13/15 AT 10:00 A.M.VACATE MISDEMEANOR ARRAIGNMENT THAT WAS SET ON

04/15/2015 AT 8:30 A.M.FILED ARRAIGNMENT APPEARANCE FORM SIGNED BY DEFENSE

ATTORNEY JON RANKIN. FORMAL ARRAIGNMENT WAIVED. STIPULATED DEFENDANT DULY AND PROPERLY ARRAIGNED. READING WAIVED. COPY OF COMPLAINT AND OFFENSE REPORT ACKNOWLEDGED. PLEA OF NOT GUILTY ENTERED TO ALL COUNTS. TIME WAIVED. DEFENDANT TO APPEAR FOR CHANGE OF PLEA OR SETTING FOR TRIAL. DEFENDANT TO REMAIN ON BAIL/OR RELEASE.

HEARING SET ON 05/13/2015 AT 9:00 A.M. IN SUPERIOR COURT , D- M FOR CHANGE OF PLEA /SET.

ENTERED ON CJIS BY CW, DATE 04/13/2015.

04/13/15 10:00

05/13/15 09:00 ** HEARING HELD ON 05/13/15 AT 9:00 A.M. IN SUPERIOR COURT,HON. TERRENCE BOREN, JUDGE, PRESIDING.

REPORTER: ELECTRONIC RECORDING.CLERK: MSD- M.

AGUILAR MS RAMIREZ. BAILIFF: NONE.

CHANGE OF PLEA.NATURE OF PROCEEDINGS:DEPUTY DISTRICT ATTORNEY MARGARET PETTIGREW APPEARED. ATTORNEY JON RANKIN APPEARED FOR DEFENDANT.MOTION FOR CONTINUANCE OF CHANGE OF PLEA BY DEFENDANT IS

CONTINUED TO 06/10/2015 AT 9:00 A.M. IN SUPERIOR COURT, D- M.

ENTERED ON CJIS BY PO, DATE 05/13/2015.

GRANTED.

06/10/15 09:00 ** HEARING HELD ON 06/10/15 AT 9:00 A.M. IN SUPERIOR COURT,HON. JAMES T CHOU, JUDGE, PRESIDING.

REPORTER: ELECTRONIC RECORDING.CLERK: MSD- M.

FISHER MS RAMIREZ. BAILIFF: NONE.

CHANGE OF PLEA.NATURE OF PROCEEDINGS:DEPUTY DISTRICT ATTORNEY MARGARET PETTIGREW APPEARED. ATTORNEY JON RANKIN APPEARED FOR DEFENDANT.CONTINUED TO 06/15/2015 AT 9:00 A.M. IN SUPERIOR COURT,

D- M FOR CHANGE OF PLEA.ENTERED ON CJIS BY TR, DATE 06/10/2015.

06/15/15 09:00 ** HEARING HELD ON 06/15/15 AT 9:00 A.M. IN SUPERIOR COURT,HON. TERRENCE R BOREN, JUDGE, PRESIDING.

REPORTER: MAUREEN STEGER.CLERK:D- M.

MS FISHER MS RAMIREZ. BAILIFF: NONE.NATURE OF PROCEEDINGS: CHANGE OF PLEA.


09/18/19 15:50 PAGE 4



DEPUTY DISTRICT ATTORNEY AJ BRADY APPEARED.DEFENDANT APPEARED WITH ATTORNEY JON RANKIN.DEFENDANT'S SIGNED WAIVER OF RIGHTS, COURT'S FINDINGS

AND ORDER FILED AND INCORPORATED HEREIN BY REFERENCE. DEFENDANT ORALLY STATES THAT HE HAS READ AND UNDERSTANDS

THE ACKNOWLEDGEMENT OF WAIVER OF RIGHTS FORM, AND THE MAXIMUM AND MINIMUM PENALTIES FORM, WHICH HE HAS SIGNED.

DEFENDANT ENTERED A PLEA OF GUILTY TO COUNT 2.PRIOR CONVICTION(S f ADMITTED.UPON STIPULATION OF COUNSEL, COURT FINDS A FACTUAL BASIS

FOR THE PLEA.DEFENDANT ADVISED OF B.A. LEVEL.38.THE COURT FINDS THAT THE PLEA IS FREE AND VOLUNTARY.THE COURT FINDS DEFENDANT UNDERSTANDS HIS/HER

CONSTITUTIONAL RIGHTS AND MAKES AN INTELLIGENT WAIVER THEREOF.

DEFENDANT WAIVES TIME FOR SENTENCING.DEFENDANT STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT

SHOULD NOT BE PRONOUNCED.COUNT 1 DISMISSED ON MOTION OF THE DISTRICT ATTORNEY.

REASONTRESTATEMENT OF COUNT 2.COUNT 3 DISMISSED ON MOTION OF THE DISTRICT ATTORNEY.

REASON: FURTHERANCE OF JUSTICE (PC 1385).CASH BAIL IS EXONERATED

SENTENCEAS TO COUNT(S) 2 IMPOSITION OF SENTENCE SUSPENDED AND

DEFENDANT PLACED ON PROBATION FOR A PERIOD OF 3 YRS; 0 MOS; 0 DAYS. TYPE OF PROBATION: CONDITIONAL SENTENCE.

CONDITIONAL SENTENCE EXPIRES 06/15/2018.DEFENDANT SHALL LEAD A LAW-ABIDING LIFE.THE COURT ORDERS A FINE OF $2,394.00 AS TO COUNT 2.DEFENDANT MUST PAY A $40.00 COURT OPERATIONS ASSESSMENT

FEE PURSUANT TO 1465.8 PC.DEFENDANT MUST PAY A $30.00 CRIMINAL CONVICTION FEE

PURSUANT TO GC 70373.DEFENDANT TO PAY RESTITUTION FINE IN THE AMOUNT OF

$150.00 PURSUANT TO PC1202.4.DEFENDANT SHALL PAY $25.00 ADMINISTRATIVE SCREENING FEE.DEFENDANT MUST PAY A $150.00 PROBATION RESTITUTION

REVOCATION FINE, WHICH SHALL BECOME EFFECTIVE UPON THE REVOCATION OF PROBATION OR CONDITIONAL SENTENCE.

TOTAL AMOUNT OF FINE PLUS FEES $2,639.00PAYABLE BY 07/15/2015.ATTEND/COMPLETE POST-CONVICTION DRINKING DRIVER PROGRAM.OTHER CONDITIONS: COMPLETE DDP SCHOOL BY 6/15/17.

**********************************

09/18/19 15:50 PAGE 5




CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S COMPLIANCE WITH COURT-ORDERED PROBATION CONDITIONS ON 06/15/2017 AT 7:00 A.M. IN SUPERIOR COURT, D- 99 /DDP SCHOOL COMPLETION. NO APPEARANCE BY DEFENDANT IS REQUIRED. PROOF OF COMPLIANCE WITH ALL COURT-ORDERED TERMS AND CONDITIONS MUST BE RECEIVED PRIOR TO THIS DATE.

SHALL NOT POSSESS, ABUSE, CONSUME OR TRANSPORT ANYALCOHOL, INTOXICANTS, NON-PRESCRIBED OR ILLEGAL DRUGS,OR ASSOCIATED PARAPHERNALIA, INCLUDING MEDICINAL MARIJUANA.

DEFENDANT MAY NOT DRIVE WITH ANY AMOUNT OF ALCOHOL IN HIS BLOOD DURING PROBATIONARY PERIOD.

DEFENDANT TO SUBMIT TO A BLOOD, BREATH OR URINE TEST IF,IN THE FUTURE, ARRESTED FOR DRIVING UNDER THE INFLUENCE.

DEFENDANT SHALL NOT DRIVE ANY VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE.

VEHICLE IMPOUNDMENT WAIVED. REASON: SATISFIED.AS TO COUNT 2, DEFENDANT TO SERVE 0 YEAR(S), 0 MONTH(S),

45 DAY(S) IN THE CUSTODY OF THE MARIN COUNTY SHERIFF.STAY OF EXECUTION OF SENTENCE TO JAIL GRANTED UNTIL

07/09/2015 AT 9:00 A.M..CREDIT FOR TIME SERVED PURSUANT TO PC 2900.5.2 DAYS CREDIT AGAINST 45 DAYS.DEFENDANT TO SERVE 96 HOURS IN CONTINUOUS CUSTODY, AND

THE BALANCE ON AOWP OR IN THE COUNTY JAIL.OTHER CONDITIONS: MAY APPLY FOR PAROLE.DEFENDANT ORDERED TO APPEAR ON 07/09/2015 AT 9:00 A.M.

IN SUPERIOR COURT, D- 66 FOR REMAND INTO CUSTODY.OTHER CONDITIONS: IF YO DO NOT APPEAR FOR REMAND AS

ORDERED, A BENCH WARRANT WILL ISSUE.DEFENDANT ACCEPTS THE TERMS AND CONDITIONS OF PROBATION

AND WILL ABIDE BY THE TERMS AND CONDITIONS OF PROBATION.DEFENDANT SIGNED ORDER AND RECEIVED COPY.ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED.CASE DISPOSED.ENTERED ON CJIS BY TR, DATE 06/15/2015.OUT OF COURT ENTRIES FOR 06/15/15 AT 3:00 P.M.ORDER TO INSTALL IGNITION INTERLOCK DEVICE FILED.ENTERED ON CJIS BY HR, DATE 06/29/2015.

15 : 00

OUT OF COURT ENTRIES FOR 06/16/15 AT 3:00 P.M.CASH BAIL WITHDRAWN FROM TRUST ACCOUNT AND RETURNED TO

DEPOSITOR.ENTERED ON CJIS BY LTT, DATE 06/16/2015.

06/16/15 15:00

OUT OF COURT ENTRIES FOR 06/29/15 AT 8:45 A.M.ADR FORWARDED TO CALIFORNIA HWY PATROL AND DEPARTMENT OF

JUSTICE.

06/29/15 08:45


09/18/19 15 : 50 PAGE 6



DL 106 MAILED TO DMV.ENTERED ON CJIS BY HR, DATE 06/29/2015.

OUT OF COURT ENTRIES FOR 07/02/15 AT 3:00 P.M. REQUEST TO MODIFY JUDICIAL ORDERS/JUDICIAL REVIEW RE:

CONTINUANCE OF REMAND DATE FILED.FILE FORWARDED TO JUDGE CHOU.ENTERED ON CJIS BY YA, DATE 07/02/2015.

07/02/15 15:00

OUT OF COURT ENTRIES FOR 07/06/15 AT 4:00 P.M.REQUEST TO MODIFY JUDICIAL ORDERS

FILED ON 07/02/2015 HAS BEEN APPROVED.ORDER GRANTING EXTENSION ON REMAND DATE FILED.VACATE REMAND INTO CUSTODY THAT WAS SET ON 07/09/2015 AT

9:00 A.M.DEFENDANT ORDERED TO APPEAR ON 07/31/2015 AT 9:00 A.M.

IN SUPERIOR COURT, D- 66 FOR REMAND INTO CUSTODY. NOTICE MAILED TO DEFENDANT.ENTERED ON CJIS BY RF, DATE 07/07/2015.

07/06/15 16:00JUDICIAL REVIEW

OUT OF COURT ENTRIES FOR 08/04/15 AT 8:30 A.M. PROOF OF REMAND RECEIVED ON 07/31/2015.ENTERED ON CJIS BY HR, DATE 08/04/2015.

08/04/15 08:30

OUT OF COURT ENTRIES FOR 10/14/15 AT 8:00 A.M. PROOF OF ENROLLMENT IN DUI PROGRAM RECEIVED ON

10/14/2015.ENTERED ON CJIS BY CMP, DATE 10/14/2015.

10/14/15 08:00

OUT OF COURT ENTRIES FOR 05/03/16 AT 1:15 P.M. PROOF OF TERMINATION FROM DDP DRINKING DRIVER PROGRAM

RECEIVED ON 05/03/2016.ENTERED ON CJIS BY CW, DATE 05/03/2016.

05/03/16 13:15

OUT OF COURT ENTRIES FOR 04/17/17 AT 7:00 A.M.CASE REVIEWED FOR COMPLIANCE WITH CONDITIONAL SENTENCE

TERMS AND CONDITIONS. PROOF OF DUI SCHOOL HAVING NOT BEEN RECEIVED BY THE COURT, IT IS DETERMINED THAT THE DEFENDANT IS NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF HIS/HER CONDITIONAL SENTENCE.

NOTICE MAILED TO DEFENDANT.CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S

COMPLIANCE WITH COURT-ORDERED PROBATION CONDITIONS ON 05/01/2018 AT 7:00 A.M. IN SUPERIOR COURT, D- 99. NO APPEARANCE BY DEFENDANT IS REQUIRED. PROOF OF COMPLIANCE WITH ALL COURT-ORDERED TERMS AND CONDITIONS MUST BE RECEIVED PRIOR TO THIS DATE.

ENTERED ON CJIS BY FKING, DATE 04/17/2018.

04/17/17 07:00

OUT OF COURT ENTRIES FOR 06/15/17 AT 9:50 A.M.06/15/17 09:50

09/18/19 15:50 PAGE 7




CASE REVIEWED FOR COMPLIANCE WITH CONDITIONAL SENTENCE TERMS AND CONDITIONS. PROOF OF COMPLETION OF 18 MONTH DRINKING DRIVER SCHOOL HAVING NOT BEEN RECEIVED BY THE COURT, IT IS DETERMINED THAT THE DEFENDANT IS NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF HIS/HER CONDITIONAL SENTENCE.

NOTICE MAILED TO DEFENDANT.NOTICE ALSO MAILED TO ADDRESS ON FILE WITH DMV.CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S


ENTERED ON CJIS BY WT, DATE 06/15/2017.

OUT OF COURT ENTRIES FOR 06/26/17 AT 3:00 P.M. PROOF OF ENROLLMENT IN 18MO DUI PROGRAM RECEIVED ON

06/26/2017.ENTERED ON CJIS BY JS, DATE 06/28/2017.

06/26/17 15:00

OUT OF COURT ENTRIES FOR 07/18/17 AT 7:00 A.M.CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S

COMPLIANCE WITH COURT-ORDERED PROBATION CONDITIONS ON 04/16/2018 AT 7:00 A.M.APPEARANCE BY DEFENDANT IS REQUIRED.

07/18/17 07:00

IN SUPERIOR COURT, D- 99.PROOF OF

COMPLIANCE WITH ALL COURT-ORDERED TERMS AND CONDITIONS MUST BE RECEIVED PRIOR TO THIS DATE.

ENTERED ON CJIS BY YA, DATE 07/18/2017.

NO

OUT OF COURT ENTRIES FOR 03/15/18 AT 10:50 A.M. PROOF OF DISMISSAL FROM DUI PROGRAM RECEIVED ON

03/15/2018.ENTERED ON CJIS BY JM, DATE 03/16/2018.

03/15/18 10:50

OUT OF COURT ENTRIES FOR 04/17/18 AT 7:00 A.M. DEFENDANT REMAINS IN NON-COMPLIANCE STATUS RE:

COMPLETION OF DUI SHOOL.DISTRICT ATTORNEY NOTIFIED.ENTERED ON CJIS BY FKING, DATE 04/17/2018.OUT OF COURT ENTRIES FOR 04/17/18 AT 4:00 P.M. FAILURE TO COMPLY ABSTRACT TO DMV.ENTERED ON CJIS BY MAH, DATE 04/17/2018.

04/17/18 07:00

16:00

OUT OF COURT ENTRIES FOR 05/01/18 AT 8:00 A.M.VACATE PROOF OF COMPLIANCE THAT WAS SET ON 05/01/2018 AT

7:00 A.M.

05/01/18 08:00

OUT OF COURT ENTRIES FOR 05/07/18 AT 2:00 P.M.05/07/18 14:00

09/18/19 15:50 PAGE 8




PETITION FOR REVOCATION OF PROBATION FILED BY DISTRICT ATTORNEY.

HEARING SET ON 06/04/2018 AT 8:30 A.M. IN SUPERIOR COURT , D- N FOR ARR ON PET TO REVOKE OR TERMINATE.

ENTERED ON CJIS BY BS, DATE 05/08/2018.

05/10/18 10:10 OUT OF COURT ENTRIES FOR 05/10/18 AT 10:10 A.M.MATTER ADDED ON CALENDAR AT REQUEST OF DEFENDANT.HEARING SET ON 05/16/2018 AT 8:30 A.M. IN SUPERIOR COURT

, D- N FOR ARR ON PET TO REVOKE OR TERMINATE.ENTERED ON CJIS BY CWf DATE 05/10/2018.

05/16/18 09:30 HEARING HELD ON 05/16/18 AT 9:30 A.M. IN SUPERIOR COURT, HON. GEOFFREY HOWARD, JUDGE, PRESIDING.

REPORTER: ELECTRONIC RECORDING.

* *CLERK:D- M.

MR THAI / MS KING.BAILIFF: NONE.NATURE OF PROCEEDINGS:REVOKE PROBATION/CONDITIONAL SENTENCE.

DEPUTY DISTRICT ATTORNEY STANLEY WILLIAMS APPEARED.DEFENDANT APPEARED WITH DEPUTY PUBLIC DEFENDER BRYNA

HOLLAND.CASE CALLED AT 10:08 A.M..DEFENDANT INFORMED OF HIS LEGAL AND CONSTITUTIONAL

RIGHTS, AS FOLLOWS:TO HAVE AN ATTORNEY AT ALL STAGES OF THE PROCEEDINGS; TO

A REASONABLE LENGTH OF TIME TO CONSULT AN ATTORNEY; TO A COURT APPOINTED ATTORNEY IF HE OR SHE LACKS FUNDS TO HIRE AN ATTORNEY; REGARDING THE POSSIBILITY OF HAVING TO PAY FOR ALL OR PART OF THE COSTS OF COUNSEL; TO REPRESENT SELF; TO A SPEEDY AND PUBLIC TRIAL, BY JUDGE OR JURY, WITHIN 30 TO 45 DAYS AND TO A DISMISSAL IF NOT TRIED WITHIN THESE TIME LIMITS; TO A DISMISSAL OF THE CHARGES IF NOT BROUGHT TO TRIAL WITHIN 10 DAYS BEYOND THE LAST DAY FOR TRIAL; THE CONSEQUENCES OF SELF REPRESENTATION; PRIVILEGE AGAINST SELF INCRIMINATION; TO BE PRESENT AT TRIAL; TO SEE, HEAR AND CROSS EXAMINE WITNESSES; TO USE THE SUBPOENA POWER OF THE COURT TO COMPEL THE ATTENDANCE OF WITNESSES AND EVIDENCE ON HIS OR HER BEHALF; THE NATURE AND EXTENT OF THE PUNISHMENT THAT CAN RESULT FROM A GUILTY PLEA; ADVISED RE DIVERSION AND DEFERRED ENTRY OF JUDGMENT; ADVISED OF A POSSIBLE REFERRAL TO THE PROBATION DEPT. IN SOME INSTANCES UPON ENTRY OF A GUILTY PLEA; ADVISED OF POSSIBLE DEPORTATION OR DENIAL OF CITIZENSHIP THROUGH NATURALIZATION AND EXCLUSION FROM ADMISSION TO THE UNITED STATES; TO BE SENTENCED WITHIN THE STATUTORY TIME AND TO A DELAY OF SIX HOURS OR UP TO A MAXIMUM OF FIVE DAYS; IF ARRESTED FOR SUSPICION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL AND EITHER REFUSED TO SUBMIT TO A CHEMICAL TEST OR TOOK A CHEMICAL TEST THAT SHOWED A .08% ALCOHOL IN BLOOD OR

ARRAIGNMENT ON PETITION TO

09/18/19 15:50 PAGE 9




05/16/18 - CONTINUEDGREATER, THE POLICE OFFICER WAS REQUIRED TO TAKE DRIVER'S LICENSE AND THE OFFICER SHOULD HAVE GIVEN HIM OR HER A PERMIT OR TEMPORARY LICENSE VALID FOR 45 DAYS DURING WHICH TIME HE OR SHE IS ENTITLED TO A HEARING WITH THE DEPT. OF MOTOR VEHICLES TO DETERMINE IF THE LICENSE SHOULD BE SUSPENDED; ADVISED THAT THE DEPT. OF MOTOR VEHICLES IS NOT LIMITED BY ANY COURT IMPOSED RESTRICTIONS.

REFERRED TO PUBLIC DEFENDER.APPOINTED AS ATTORNEY OF RECORD: PUBLIC DEFENDER.STIPULATED DEFENDANT DULY AND PROPERLY ARRAIGNEDFORMAL ARRAIGNMENT WAIVED.ALLEGATIONS OF THE PETITION DENIED.CONDITIONAL SENTENCE IS REVOKED.DEFENDANT ORDERED TO APPEAR ON 06/18/2018 AT 9:30 A.M.

IN SUPERIOR COURT, D- M FOR SET HEARING ON PETITION TO REVOKE PROS.

VACATE ARR ON PET TO REVOKE OR TERMINATE THAT WAS SET ON 06/04/2018 AT 8:30 A.M.

ENTERED ON CJIS BY FKING, DATE 05/16/2018.

06/18/18 09:30 ** HEARING HELD ON 06/18/18 AT 9:30 A.M. IN SUPERIOR COURT,HON. GEOFFREY HOWARD, JUDGE, PRESIDING.

REPORTER: ELECTRONIC RECORDING.CLERK:D- M.

MR THAI MS AGUILAR. BAILIFF: NONE.NATURE OF PROCEEDINGS: REVOKE.

SET HEARING/DISPO ON PETITION TO

CASE CALLED AT 10:45 A.M..DEPUTY DISTRICT ATTORNEY JESSE RICHARDSON APPEARED. ATTORNEY DPD HAYDEN BROWN APPEARED FOR DEFENDANT.BENCH WARRANT ORDERED ISSUED.

$5,000.00.PROBATION/CONDITIONAL SENTENCE REMAINS IN REVOKED STATUS

BAIL SET IN THE AMOUNT OF

ENTERED ON CJIS BY YA, DATE 06/18/2018.OUT OF COURT ENTRIES FOR 06/18/18 AT 3:59 P.M. ORDERED WARRANT ISSUED FOR DEFENDANT AT 3:59 P.M. BY

FORWARDED TO SHERIFF'S DEPARTMENT.

15:59

USER

OUT OF COURT ENTRIES FOR 06/19/18 AT 10:40 A.M.MATTER ADDED ON CALENDAR AT REQUEST OF PUBLIC DEFENDER,

BROWN, VIA ADD ON SHEET.HEARING SET ON 06/22/2018 AT 9:30 A.M. IN SUPERIOR COURT

, D- M FOR APPEAR BENCH WARRANT(FWO).ENTERED ON CJIS BY BS, DATE 06/19/2018.

06/19/18 10:40

09/18/19 15 : 50 PAGE 10




06/22/18 09:30 ** HEARING HELD ON 06/22/18 AT 9:30 A.M. IN SUPERIOR COURT,HON. GEOFFREY HOWARD, JUDGE, PRESIDING.

REPORTER: ELECTRONIC RECORDING.D- M.MS AGUILAR MS FLEMETT.BAILIFF: NONE.NATURE OF PROCEEDINGS:REVOKE.

CASE CALLED AT 11:09 A.M..DEPUTY DISTRICT ATTORNEY MATTHEW JACOBS APPEARED. ATTORNEY DPD BRYNA HOLLAND APPEARED FOR DEFENDANT. BENCH WARRANT TO REMAIN OUTSTANDING.ENTERED ON CJIS BY RF, DATE 06/22/2018.

CLERK:

SET HEARING/DISPO ON PETITION TO

06/25/18 09:15 OUT OF COURT ENTRIES FOR 06/25/18 AT 9:15 A.M.MATTER ADDED ON CALENDAR AT REQUEST OF DEFENDANT AT THE

COUNTER.HEARING SET ON 06/27/2018 AT 9:00 A.M. IN SUPERIOR COURT

, D- M FOR APPEAR BENCH WARRANT(FWO).ENTERED ON CJIS BY TJ, DATE 06/25/2018.OUT OF COURT ENTRIES FOR 06/25/18 AT 10:00 A.M.PROOF OF RE-ENROLLMENT IN DUI PROGRAM RECEIVED ON

06/25/2018.ENTERED ON CJIS BY JM, DATE 06/26/2018.

10 : 00

06/27/18 09:00 ** HEARING HELD ON 06/27/18 AT 9:00 A.M. IN SUPERIOR COURT,D- M. HON. GEOFFREY HOWARD, JUDGE, PRESIDING. CLERK:MS AGUILAR MS FLEMETT. REPORTER: ELECTRONIC RECORDING. BAILIFF: NONE.NATURE OF PROCEEDINGS: RETURN ON BENCH WARRANT: FAILED TO APPEAR.

CASE CALLED AT 9:50 A.M..DEPUTY DISTRICT ATTORNEY SHARI GOLDMAN APPEARED.DEFENDANT APPEARED WITH DEPUTY PUBLIC DEFENDER KARTHIK

RAJU.DEFENDANT IS ENROLLED IN DDP SCHOOL.BENCH WARRANT RECALLED.DEFENDANT ORDERED TO APPEAR ON 08/03/2018 AT 9:00 A.M.

IN SUPERIOR COURT, D- C FOR PETITION TO REVOKE PROBATION

ENTERED ON CJIS BY RF, DATE 06/27/2018.

OUT OF COURT ENTRIES FOR 08/02/18 AT 3:39 P.M. REQUEST FOR JUDICIAL NOTICE PURSUANT TO PENAL CODE

SECTIONS 452(D) AND 453 FILED.ENTERED ON CJIS BY IG, DATE 08/03/2018.

08/02/18 15:39

08/03/18 09:00 ** HEARING HELD ON 08/03/18 AT 9:00 A.M. IN SUPERIOR COURT,HON. JAMES T CHOU, JUDGE, PRESIDING.

REPORTER: MAUREEN STEGER.MATTER HEARD BY DEPARTMENT F.

CLERK: MS BAILIFF: NONE.

D- F. GARDNER.

DEPARTMENT C

09/18/19 15:50 PAGE 11




HEARING ON PETITION TO REVOKE.** NATURE OF PROCEEDINGS:DEPUTY DISTRICT ATTORNEY CARINA TROWBRIDGE APPEARED. DEFENDANT APPEARED WITH DEPUTY PUBLIC DEFENDER HAYDEN

BROWN.COUNSEL REPORTS DEFENDANT WILL FINISH DDP SCHOOL IN

FEBRUARY.DEFENDANT ADVISED OF THE ALLEGATIONS AS SET FORTH IN THE

PETITION TO REVOKE.THE COURT INFORMS DEFENDANT OF LEGAL AND CONSTITUTIONAL

RIGHTS.DEFENDANT ADVISED OF RIGHT TO A HEARING AND TO BE

PRESENT AT THE HEARING;HEARING ON PETITION WAIVED.ALLEGATIONS OF THE PETITION ADMITTED.PETITION DATED 5/7/18.COUNSEL STIPULATE TO FACTUAL BASIS FOR ADMISSION.*******************************************************CONDITIONAL SENTENCE IS REVOKED.CONDITIONAL SENTENCE IS REINSTATED.CONDITIONAL SENTENCE MODIFIED. ORIGINAL TERMS AND

CONDITIONS INCORPORATED HEREIN BY REFERENCE.CONDITIONAL SENTENCE EXTENDED TO EXPIRE 03/15/2019.CONDITIONAL SENTENCE EXPIRES 03/15/2019.ATTEND/COMPLETE 18 MONTH PROGRAM.SUBMIT PROOF OF COMPLETION TO THE CLERK IN ROOM C-10 BY

02/28/2019.DEFENDANT TO ATTEND ALCOHOLICS ANONYMOUS MEETINGS, 2 PER

WEEK FOR 3 MONTHS. PROVIDE PROOF BY 11/08/2018.DEFENDANT MUST PAY THE $150.00 PROBATION REVOCATION

RESTITUTION FINE, WHICH WAS PREVIOUSLY STAYED.TOTAL AMOUNT OF FINE PLUS FEES $2,789.00 (2639 PREVIOUSLY PAID).PAYABLE BY 09/03/2018.ALL PREVIOUSLY ORDERED TERMS AND CONDITIONS OF PROBATION

TO REMAIN IN EFFECT.ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED.AR/TG.ENTERED ON CJIS BY TG, DATE 08/03/2018.CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S

COMPLIANCE WITH COURT-ORDERED PROBATION CONDITIONS ON 11/08/2018 AT 7:00 A.M. IN SUPERIOR COURT, D- 99 /AA. NO APPEARANCE BY DEFENDANT IS REQUIRED. PROOF OF COMPLIANCE WITH ALL COURT-ORDERED TERMS AND CONDITIONS MUST BE RECEIVED PRIOR TO THIS DATE.

CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S COMPLIANCE WITH COURT-ORDERED PROBATION CONDITIONS ON 02/28/2019 AT 7:00 A.M. IN SUPERIOR COURT, D- 99 /DDP.

NO APPEARANCE BY DEFENDANT IS REQUIRED. PROOF OF COMPLIANCE WITH ALL COURT-ORDERED TERMS AND CONDITIONS MUST BE RECEIVED PRIOR TO THIS DATE.

09/18/19 15:50 PAGE 12




OUT OF COURT ENTRIES FOR 02/28/19 AT 7:00 A.M.CASE REVIEWED FOR COMPLIANCE WITH CONDITIONAL SENTENCE

TERMS AND CONDITIONS. PROOF OF COMPLETION OF POST CONVICTION DRINKING DRIVER PROGRAM AND AA MEETINGS HAVING NOT BEEN RECEIVED BY THE COURT, IT IS DETERMINED THAT THE DEFENDANT IS NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF HIS/HER CONDITIONAL SENTENCE.

NOTICE MAILED TO DEFENDANT.CONDITIONAL SENTENCE EXPIRES 03/15/2019.CASE SCHEDULED FOR ADMINISTRATIVE REVIEW OF DEFENDANT'S


ENTERED ON CJIS BY NV, DATE 02/28/2019.

02/28/19 07:00

03/06/19 09:00 ** HEARING HELD ON 03/06/19 AT 9:00 A.M. IN SUPERIOR COURT,D- 99. HON. STATUS ADMINISTRATIVE REVIEW, JUDGE, PRESIDING. CLERK: NONE. REPORTER: NONE. BAILIFF: NONE

DEFENDANT REMAINS IN NON-COMPLIANCE STATUS. DISTRICT ATTORNEY'S OFFICE NOTIFIED REGARDING

NON-COMPLIANCE WITH COURT ORDERS.ENTERED ON CJIS BY BLG, DATE 03/06/2019.

OUT OF COURT ENTRIES FOR 03/07/19 AT 4:00 P.M. PROOF OF ATTENDING 35 AA/NA MEETINGS RECEIVED ON

03/07/2019.ENTERED ON CJIS BY MAH, DATE 03/12/2019.

03/07/19 16:00

OUT OF COURT ENTRIES FOR 03/08/19 AT 11:00 A.M.REQUEST TO MODIFY JUDICIAL ORDERS/JUDICIAL REVIEW RE:

EXTENSION OF TIME TO COMPLETE DUI SCHOOL FILED.REQUEST NOT FORWARDED TO JUDICIAL OFFICER FOR REVIEW AS

A PETITION WAS FILED BY THE D.A. AND MATTER IS NOW ON CALENDAR 3/14/19 IN DEPARTMENT N FOR ARRAIGNMENT ON THE PETITION.

ENTERED ON CJIS BY BLG, DATE 03/12/2019.

03/08/19 11:00

OUT OF COURT ENTRIES FOR 03/11/19 AT 2:00 P.M. PETITION FOR REVOCATION OF PROBATION FILED BY DISTRICT

ATTORNEY.HEARING SET ON 03/14/2019 AT 8:30 A.M. IN SUPERIOR COURT

, D- N FOR ARR ON PET TO REVOKE OR TERMINATE.ENTERED ON CJIS BY BS, DATE 03/11/2019.

03/11/19 14:00

09/18/19 15:50 PAGE 13




03/14/19 09:00 ** HEARING HELD ON 03/14/19 AT 9:00 A.M. IN SUPERIOR COURT,HON. BETH S JORDAN, JUDGE, PRESIDING.

REPORTER: ELECTRONIC RECORDING.CLERK: MR

BAILIFF:D- M.OSER MR THAI.NONE.NATURE OF PROCEEDINGS:REVOKE PROBATION/CONDITIONAL SENTENCE.

ARRAIGNMENT ON PETITION TO

CASE CALLED AT 10:28 A.M..DEPUTY DISTRICT ATTORNEY DANIEL MADOW APPEARED.DEFENDANT APPEARED WITHOUT COUNSEL.DEFENDANT INFORMED OF HIS LEGAL AND CONSTITUTIONAL

RIGHTS, AS FOLLOWS:TO HAVE AN ATTORNEY AT ALL STAGES OF THE PROCEEDINGS; TO

A REASONABLE LENGTH OF TIME TO CONSULT AN ATTORNEY; TO A COURT APPOINTED ATTORNEY IF HE OR SHE LACKS FUNDS TO HIRE AN ATTORNEY; REGARDING THE POSSIBILITY OF HAVING TO PAY FOR ALL OR PART OF THE COSTS OF COUNSEL; TO REPRESENT SELF; TO A SPEEDY AND PUBLIC TRIAL, BY JUDGE OR JURY, WITHIN 30 TO 45 DAYS AND TO A DISMISSAL IF NOT TRIED WITHIN THESE TIME LIMITS; TO A DISMISSAL OF THE CHARGES IF NOT BROUGHT TO TRIAL WITHIN 10 DAYS BEYOND THE LAST DAY FOR TRIAL; THE CONSEQUENCES OF SELF REPRESENTATION; PRIVILEGE AGAINST SELF INCRIMINATION; TO BE PRESENT AT TRIAL; TO SEE, HEAR AND CROSS EXAMINE WITNESSES; TO USE THE SUBPOENA POWER OF THE COURT TO COMPEL THE ATTENDANCE OF WITNESSES AND EVIDENCE ON HIS OR HER BEHALF; THE NATURE AND EXTENT OF THE PUNISHMENT THAT CAN RESULT FROM A GUILTY PLEA; ADVISED RE DIVERSION AND DEFERRED ENTRY OF JUDGMENT; ADVISED OF A POSSIBLE REFERRAL TO THE PROBATION DEPT. IN SOME INSTANCES UPON ENTRY OF A GUILTY PLEA; ADVISED OF POSSIBLE DEPORTATION OR DENIAL OF CITIZENSHIP THROUGH NATURALIZATION AND EXCLUSION FROM ADMISSION TO THE UNITED STATES; TO BE SENTENCED WITHIN THE STATUTORY TIME AND TO A DELAY OF SIX HOURS OR UP TO A MAXIMUM OF FIVE DAYS; IF ARRESTED FOR SUSPICION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL AND EITHER REFUSED TO SUBMIT TO A CHEMICAL TEST OR TOOK A CHEMICAL TEST THAT SHOWED A .08% ALCOHOL IN BLOOD OR GREATER, THE POLICE OFFICER WAS REQUIRED TO TAKE DRIVER'S LICENSE AND THE OFFICER SHOULD HAVE GIVEN HIM OR HER A PERMIT OR TEMPORARY LICENSE VALID FOR 45 DAYS DURING WHICH TIME HE OR SHE IS ENTITLED TO A HEARING WITH THE DEPT. OF MOTOR VEHICLES TO DETERMINE IF THE LICENSE SHOULD BE SUSPENDED; ADVISED THAT THE DEPT. OF MOTOR VEHICLES IS NOT LIMITED BY ANY COURT IMPOSED RESTRICTIONS.

DEFENDANT WAIVES RIGHT TO AN ATTORNEY AND WISHES TO REPRESENT HIMSELF.

DEFENDANT ADVISED AS TO THE PERILS, PITFALLS, DANGERS AND DISADVANTAGES OF SELF-REPRESENTATION.

09/18/19 15:50 PAGE 14




DEFENDANT WISHES TO REPRESENT HIMSELF; UNDERSTANDSRIGHTS TO ATTORNEY AND COURT WILL APPOINT ATTORNEY IF DEFENDANT CANNOT AFFORD ONE.INTELLIGENTLY WAIVES COUNSEL.COMPETENT TO REPRESENT HIMSELF.

ALLEGATIONS OF THE PETITION DENIED.ALLEGATIONS OF THE PETITION ADMITTED.THE COURT FINDS THAT DEFENDANT HAS VIOLATED HIS TERMS OF

PROBATION.******************************************************* CONDITIONAL SENTENCE IS REVOKED.CONDITIONAL SENTENCE IS REINSTATED.CONDITIONAL SENTENCE EXTENDED TO EXPIRE 02/28/2020. CONDITIONAL SENTENCE EXPIRES 02/28/2020.ATTEND/COMPLETE 18 MONTH PROGRAM.SUBMIT PROOF OF COMPLETION TO THE CLERK IN ROOM C-10 BY

01/28/2020.DEFENDANT ORDERED TO APPEAR ON 01/28/2020 AT 9:00 A.M.

IN SUPERIOR COURT, D- M FOR PROOF OF COMPLIANCE. DEFENDANT TO PERSONALLY APPEAR.ORDERED TO APPEAR UNLESS PROOF OF DDP IS IN THE FILE.ALL PREVIOUSLY ORDERED TERMS AND CONDITIONS OF PROBATION

TO REMAIN IN EFFECT.ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED. ENTERED ON CJIS BY DT, DATE 03/14/2019.

DEFENDANT KNOWINGLY AND COURT FINDS DEFENDANT

09/18/19 15:50 PAGE 15



******************************************************************************SENTENCE SUMMARY:

PRISON: NONEJAIL: 45 DAYS

FINE:$0.00 0.00 0.00

25.00 0.00

150.00 0.00

BASIC FINE AMOUNT: A/R FEE:CIT PROC FEE: ADMIN SCREEN FEE: MISC. FEES:REST. FINE:REST. FUND:

$175.00TOTAL AMOUNT DUE:

ACTION ON BAIL/BOND: EXONERATED

TYPE: CONDITIONALPROBATION: 3 YRS

TYPE OF COUNSELING: A.A. MEETINGS

SENTENCE COMMENTS:COMPLETE DDP SCHOOL BY 6/15/17DEFENDANT TO SERVE 96 HOURS IN CONTINUOUS CUSTODY, AND THE BALANCE ON AOWP.MAY APPLY FOR PAROLEIF YO DO NOT APPEAR FOR REMAND AS ORDERED, A BENCH WARRANT WILL ISSUE (2639 PREVIOUSLY PAID)

ORDERED TO APPEAR UNLESS PROOF OF DDP IS IN THE FILE

******************************************************************************

END OF CRIMINAL CASE DOCKET

DECLARATION OF SERVICE BY CERTIFIED MAIL1

CASE NUMBER: 19-C-212442

I, the undersigned, over the age of eighteen (18) years, whose business address and place of employment is the State Bar of California, 180 Howard Street, San Francisco, California 94105, declare that I am not a party to the within action; that I am readily familiar with the State Bar of California’s practice for collection and processing of correspondence for mailing with the United States Postal Service; that in the ordinary course of the State Bar of California’s practice, correspondence collected and processed by the State Bar of California would be deposited with the United States Postal Service that same day; that I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date on the envelope or package is more than one day after date of deposit for mailing contained in the affidavit; and that in accordance with the practice of the State Bar of California for collection and processing of mail, I deposited or placed for collection and mailing in the City and County of San Francisco, on the date shown below, a true copy of the within

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9TRANSMITTAL OF RECORDS OF CONVICTION OF ATTORNEY, including:

10Certified copy of Complaint Certified copy of Plea Form Certified copy of Case Docket

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13 in a sealed envelope placed for collection and mailing as certified mail, return receipt requested, Article No.: 9414 7266 9904 2152 1800 79, at San Francisco, on the date shown below, addressed to:14

15 David Alden James 70 San Carlos Ave Sausalito, CA 94965-204816

17in an inter-office mail facility regularly maintained by the State Bar of California addressed to:

18N/A

19I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed at San Francisco, California, on the date shown below.20

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22/(

23 Signed:DATED: September 27, 2019Ina M. Strehle Declarant24

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the state bar of californiamembers.calbar.ca.gov/courtdocs/19-c-30494.pdf180 howard street san...

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