Final Report TH 3 PEOPLE Oi? THE STATE OF CALIFORNIA: PLAINTIFF I IN SUPERTOR COURT OF THE STATE OF CALIFORNTA 1N FOR THE- COUNTY OF SAN FRANCISCO CASE SUMMARY NAME (Last) SUPERIOR COURT (Middle) {Maiden} CO URT DATE 08207220 '12 MUNICIPAL COURT SENT ILNCI.NG JOGE (TOUR DEPARTMENT owwosow Substance) Offense is eligibie for 17001) PC 12 TYPE 1 1350(21} (possession Controlled Foiony De?endant is oiigible for '3 17001) PC 1 170(1)) PC, mos. Tow term, PJ 8 8 mos. mandatory supervision, 4019 PC, W8, $240 RF, DNA, PSR, COA $40, TCNA, 13? HA KG '1 1350(3) Haas-511? (Possessi 1352(3) H8580: (Saio Contro?ed Substance), T660001) PCEM (2 cts.) (Contempt Courb?Disobey Court Order): l364 (Possession Drug Paraphernalia), on Controiiod Subsiance) OFF DATE ARREST DATE 06/069012 06x?06x'20 1 2 PLEA DATE OF PLEA Guilty Plea OIQTRICT ATTORN ET ATTORN FY OF PROBATION BE Denied COMPAS Supervision Level: H. i g?h CASE ANT) INFORMATION DEFF NSE A Engiish NATIVE LANGUAGE TNTERPRETER No CONDUCTET) 0?7f18?2012 in Cus?iody CUSTODY STATUS 63 CUSTOOY Yes CURRENT LY ON PROBATION PROBATION San Francisco TYPE OF PROBATION Court Probation Yes CURRENTLY ON PAROLE Victim VECTTM CONTACT ENTTIATED PENOENG No DNA COMPLIANCE- Vii-R PURSUANT CURRENT ADDRF a N0 PC 290 REGISTRANT ER CONTACT NUMBER ICE NIA 64 Final Report SUPEREOR COURT N0 PLACE OF lilR?l?l?i DOB AGE SEX RACE 36 Male African- a ornia, {snited American States of America EMPLOYEE Unemployed United States of America AND I Jar}? ent Recidivism Risk Viol There is a risk ol? beln arrested {or a. new misdemeanor or felony person offense within two years in the community is high, based on recidivism rates among groups of persons with similar risk scores in outcomes studies. General Recidivisrn Risk High It indicates that his rislt of" being arrested for a new misdemeanor or felony offense within two years in the community is high, based (in recidivism rates among groups ol?perSOns with similar risk scores in outcomes studies. Needs v-lissessnient - . Score - - 2 Narrative Criminal Associatesi?Peers Unlikely The Criminal Associates and Peers Scale score indicates the unlikely involvement with antisocial ti?iends. Substance Abuse l-h?obable It suggests that he may have substance abuse problems and may benefit from substance abuse treatment intervention ol?some kind. Vocationalf?ducation Highly it suggests a lack of" educational and Probable vocational resources and that vocational, einployabil ity skills training andfor educational services are likely needed. Residential instability Probable It indicates probable weak social ties and stress due to a relatively unstable lifestyle. Obtaining more stable living arrangements and building more conventional social and/or liamilv ties may be needed. Family Criminality Unlikely Family inei'nbers were reported not having involvement in criminal activity, drugs, andr'or alcohol abuse to any signi?cant extent. Cognitive Unlikely Low Cognitive Behavioralr?PsyC-hological score suggests a relatively low level ofanti~ social attitudes or cognitions. Criminal Opportunity Highly Person is likely living a high risk. lifestyle Probable including associating with high risk friends and substance use. l-le/she is likely involved in few pro?social activities and likely has a. lot of unconstructive idle time. Criminal Personality Probable Person may be exhibiting some criminal personality traits including iinpulsivity, no guilt, seltishness/narcissism, a tendency to Final Report SUPERIOR COURT dominate others, and a Vioicnt temper or aggression. na 9913.; TCU Drug Screening Staiic?99R SUMMARY OF CRIMINAL If); cos 'r ('13 .. - . .. 4/28/95: 15$, 3 yrs. prob, 6 mos. C3, ?ne ?32/96: Sripuiatc v?oi. prob? 1 yr. 218/95 ?352(3) CJ San Francisco, CA Contro?cd Substance) 913/96: Stipuiatc vioi. prob, 9 mos. C3 3H 4/97: Prob. terminated as unsuccessful 18$, 3 yrs. prob, 98 dys, CS 3/:4/97: Modified, 5 yrs. SP, ESS, 1 yr. CJ, fine ?352(3) (Ssh: San Francisco, CA Conn-oiled Substance) {1357(3) Rang/M 6/14/00: 188, 3 yrs. prob, i2 mos. San Francisco, CA (Possossion Marijuana) CJ 5/2/01: {38, 3 yrs. prob, 9 mos. 9/28/63: Prob. revoked, 16 mos. SP Sign Francisco CA (Possesszorz Controiled Between 2/27/02 and 3/55/04, Substance) defendant returned to custody as p21 ro?e vioEator at icost? 6 times. ?352(3) (Sale SKIGK06: 3 yrs. prob, 1 yr. Controilcd Substance) 6/7706: Prob. viol., iyr. CJ, prob. extended Prob. terminated as 3/4/85 unsuccessful San Francisco, CA 148600) PCXM. 5/10/06: 69 dys. Arrest) 11364 (Possession {)ng Pampitcrnaiia) 8f2/6?7: .16 mos. SP .E?aroicd Between 2(13/08 am) 2/25? 1, defendant returned to custody as poroic via?ator 21!; {cost 21 times. E: Restored to paroic 11355 (Sell in Lieu WM. i: [88, 3 yrs. court prob, 134% 113500;!) (Possession Controiicd So bstancc) 2/23/07 So :1 Francisco, CA Contro?cd Substance) dys. CJ I 231:2: Cozztmucd to terminate San Francisco, CA 1' 2.4800(1) PCIM E: 42 dys. CJ (Resist/Obstruct Arrest) Final Report SUPERIOR COURT PRESENT OFFENSE STATEMENT OF UFFENSE Narrative - According to SFPD Incident Repor' on (it'd/'12 at i210 hours, piainciothes poiice were conducting a narcotics operation in the area ofthe 2000 biocit of." Mission Street. The officer approached the defendant. who was pacing back and forth. The of?cer asked for $20 worth ofcrack cocaine. The defendant wanted to know it?tne officer was the poiice and then asked for money. The defendant wanted the money ?rst. The of?cer handed him $20 in marked city funds. After a conversation, the defendant handed the of?cer a rock of suspected cocaine. The arrest team moved in and arrested the defendant. He possessed the marked city funds and a crack pipe. A record check showed the defendant on parole. He had two current stay away orders prohibiting him from being 150 yards from 2000 Mission Street, and 36th and Mission Streets. Laboratory anaiysis ot? the contraband resulted positive for 0.1 1 gram of cocaine base. DEFENDA STATEMENT Narrative The defendant made the toltowing verbal statement: ?Drug sates. Tired ot?it.? He was noti?ed of the duty and manner by which to register pursuant to Section 1590 should he be convicted of a registrabie offense. STATEMENT Narrative There is no victim in this case. STATEMENT Narrative No statement in regard to circumstances in aggravation has been received from the District Attorney. DEFENSE E?s/?8 Narrative No statement in regard to circumstances in mitigation has been received from the defense attorney. 67 Final Report URJNE SPEECEMEN RESULTS SUPERIOR SUBSTANCE ABUSE EVALUATION RESULTS 1 Brag Screening Score SOCIAL HISTORY BAC Date of Bi Ptaee of Birth United States f" America. Language interpreter Needed Eng? ish No Immigration Status US Citizen Emergency Contact EDUCATION Highest Levee! Compieted i 1 Name and Location of School San Francisco, CA Narrative The defendant reports no further schooiing after dropping out of high school. He has no vocational training, aithough he is interested in business management. EMPLOYMENT Occupation Employment I?iistory Janitor UNEMPLOYED Montth income Monthiy Expenses 33 0 pioyment isto ry Unempk?;yed Janitor The deferment states he iikesjaoitoria! work, but reports no empioyment in this ?eld. Narrative Citroen Project, gardener, $999 for 2 weeks The defendant repores the following, empEoymem history: San Francisco Conservation Corp, summerjobs as an adotesoent FENANCIAL SETUATION Current Monthiy Income Source 0 Fem i Tote! Assets Total 0 0 68 Final Report SUPERIOR MARETAL Marita? Status Name and Address 01"Cm?renti?ertner 1 Singie none I FAMEEQV Chiidren I admit child Reietionship oi?carctaieer $0 children and city/county oi" resioenee where chiid fives? is the defem?zmt a primary caretaker? Bees the defendant financiaiiy support: the is there an active ehiid support case? if yes, what county? Did the incident: involve family violence? No Were any chiidren placed at risk based on the circumstances of the current offense? N0 Famiiy impact Statemem The defendant has one ehiid, an eighteen year oid daughter. He beiieves his daughter resides in Ceii?l?oz'nia with her mother or grandmother. He does not provide his daughier with fmaneiai support. RY Veri?ed by Department of Defense? Not Veri?ed. Military Service Service Branch Dates ofService No Character of Service Rank/G rade of Separation Con?ict Era EA if? i Nerraiive . The defendant has suffered from epileptic seizures since 2007. He was hospitaiized foiiowing his most recent seizure in May 2012. He reports no merits! heaith disorder. Final Report SUPERIOR COURT SUBSTA ABUSE 33 (Ii: - - . 3 daily :4 06/2012 Mai moans Narrative The defendant?s drug treatment experience consists of4 months at Waiden House in 2008 and 60 days at Life Choices through the Paroie Department. in 20M). He does not believe he is in need ofiiurther drug treatment. REHABELETATION CENTER. Eiigibie? Suitabie?? No No PARTIES Eistrict Attorney?s Recommendation Other than the proposedr?negotiated disposition, the District: Attorney?s recommendation is unimm-vn to the undersigned probation r.1fi"rcer. CERCUMSTANCEES 0F AG i . The manner in which the crime was carried out indicates pianning, sopi'iistication, or professionaiism. Ruie 2. The defendant?s prior convictions as an aduit or sustained petitions injuveniie deiinqueney proceedings are numerous or of increasing seriousness. Rule 4.421 3. The defendant has served a prior prison term. Ruie 4. The defendant was on paroie andfor probation when {he crime was committed. Ruie 4.42 (W4). 5. The defendant's prior performance on probation anti/or paroie was Rule CIRCUMSTANCES OF MITIGATION i . The defendant voiuntariiy acknowiedged wrongdoing at an eariy stage of the criminal process. Ruie 4.42303) (3). VECTIM i. "i?here is no Victim in this case. CREDIT FOR TIME SERVED . 5 Subtotai: 63 63 Total: 126 Final Report SUPERIOR COURT SEX. OFFENSE Static-9.9 Score/Results ANA LYSIS AWE) Narrative Appearing before. the Court for sentencing is 36~year~ol 7lie defendant is a high school dropout with an i itl?i grade education. He is smgle and the father of an l8~year~ old daughter who is not in his care. The defendant reports no military service. l-lis employment history is nearly nonexistent. lf-le reportedly is supported by family and friends. Based on the defendant?s ?nancial statement he does not appear to have the present ability to pay the cost of his legal services pursuant to Section 987.8 PC. In the present case, the defendant pled guilty to violation of Section 1350(21) {Possession Controlled Substance). During a narcotics operation, the defendant sold one- rock of cocaine for $20 to a plainclothes police of?cer. The defendant's criminal record consists extensively ofnasrcotic offenses related to its sale and possession. He has been on numerous grants of probation in the past, all of which have been adversely impacted by subsequent arrests, violations, and/or revocation. Two grants of probation were terminated as unsuccessful and the revocation of another grant led to a prison commitment. The defendant?s adjustment to parole has also been poor. At the time of the instant offense, the detendant was on probation and parole. The COMPAS Risk Assessment pro?le suggests the defendant poses a high probability for violence and recidivisrn. He presents potential criminogenic issues that may have contributed to his high-risk lifestyle The defendant?s educational and vocational skills are noticeably lacking. Furthering his education is a goal that. could benefit from services such those afforded at the Learning Center at the Adult Probation Department. There may be a need to focus on job?seeking and job-retentitm skills, as well as the defendant's attitudes about legitimate employment. The defendant's criminal thinking and anti?social values are evident by the nature and extent of his recidivism. Considering that he denies a substance abuse problem, his criminal record would then be indicative of his narcotics activity for profit. The detendant's personality may be one ot?impulsivity and risk-taking. in that he was On both probation and parole when he con-imitted the present crime, it appears the defendant has little regard for the consequences of his actions. While a state prison commitment is warranted, the defendant appears eligible for sentencing pursuant to Section PC. After serving a sentence in the county jail: he can be afforded the opportunity to address his criinii-iogenic issues during> a period of mandatory supervision. 'liherefore, we concur with the proposed disposition and the following reconmiendation is respect in offere d. 71 Final Report E) a (3 R. CO RT RECOMMENSATEON i3" RECOMMENDED 1. Prbbation be denied and the defendant be sentenced to the State Prison; and that the eerie i0. defendant; pursuant to Section ?202.45 ofthe Penai Code; pay a restitution fine in the amount of$ 240 to the Restitution Fund; and pay an additionai Paroie Restitutioo Fine in the amount. 3 240 stayed pursuant to Section 3202.45 oftbe Pena} Code; it is respectfuiiy recommended the defendant he Sentenced to a term of to months under provisions of Penal Code Section 1 it is further recommended the defendant serve 8 months of his sentence in the San Francisco County Jaii; execution of the remainder o'fthe baiance ofthe term of the sentence be suspended and the defendant be piaced on a period ofmandatozy community supervision to the San Francisco Admit Probation Department; Be granted credit {or time served in the amount of 63 days, with custody credits in the amount of 63 days; Enroii, participate and cornpiete the required services andr?or treatmentr?counseiing as indenti'tied in the probationer?s individuaiized ?1?rea?tment and Pian; Submit to warrantiess search; Register pursuant to Section 1 1590 o?fthe Hcaith and Safety Code; Use no aicohoi, substances andi?or drugs without iegal prescription Submit to drug testing determined by the Probation Officer; Based soier on the financiai in formation provided by the defendant, and pending final veri?cation the from the Comprehensive Coiiection Unit; of the Superior Court, the defendant does not appear to have the ability to pay the attorney fee recouprnent costs pursuant to Section 987.8 of the Pena} Code and as determined by the Court; . The defendant shail noti fy the probation officer and receive instructions before leaving the State ofCaii'fornia (PC 1 . The defendant must notify the probation officer when leaving San Francisco County to iive in another Cai'i'fornia County (PC ?2039); . Enter and attend the Learning Center iocated at the Aduit Probation Department; RECOMMENDED AND ii?EiI-i-S: i. La.) Pay up to $150.00 for the cost o?fthe investigation if PSI is prepared pursuant to Section 1203.1 (b)ofthe Penal Code; Pay a base tine in the amount ofS 500 plus penaity and assessments; Pay a $50.00 criminal iaboratory anaiysis fee pursuant to Section 1 1372.5 Heaith dc; Safety Code on each count; Pay a ~iaii?booking fee ofup to 335.00 pursuant to Section 29550.] ofthe Government Code Pay a security surcharge fee ofS4000 per count pursuant to 69926.5 Government Code and Section 1465.8 oftne Penai Code; Pay criminai Conviction Assessment Fee of $30.00 per count pins 535 for each infraction; felony; andfor misdemeanor pursuant to Government Code 70373 (af)(1)(ifN 72 Final Report SUPERIOR COURT i) OFMCER ..J DATE: BY: SUPILRVISENG PROBATEON (BFFECESR DATES: 8/1/2812 WENEY S. STELL CHIEF ADULT PROBATION OFFICER 73