.. • 1 ORIGINAL 2 3 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: 2007-CF-1055 AND 2009-CF-2005 STATE OF FLORIDA, 4 PLAINTIFF, 5 6 VS. 7 NANCY ORTIZ, 8 DEFENDANT. ----------------------~' 9 ti,.,_! ···-l 10 ""' o- ~. ;I '......... ··~-.,.,. t---J u fTJ 11 •• "''""'"1'•··· ; :::1 :-, '>:J 12 N 13 0 TRANSCRIPT OF SENTENCING DIGITALLY RECORDED ON JUNE 18TH, 14 2010, AT THE OSCEOLA COUNTY COURTHOUSE, KISSIMMEE, FLORIDA, 15 BEFORE THE HONORABLE JON B. MORGAN, CIRCUIT COURT JUDGE. 16 17 18 19 APPEARANCES: 20 SARAH HATCH, ASSISTANT STATE ATTORNEY, 2 COURTHOUSE SQUARE, SUITE 3500, KISSIMMEE, FLORIDA 34741; ON BEHALF OF THE STATE OF FLORIDA. 21 22 JAMES WESTERVELT, ASSISTANT PUBLIC DEFENDER, 2 COURTHOUSE SQUARE, SUITE 1600, KISSIMMEE, FLORIDA 34741; ON BEHALF OF THE DEFENDANT. 23 • ~~~~~illlrnttiiiiiiiiiiiiiiiiiiiUI~III/ 24 25 II DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742-2482 -------------~------- --------------------- 2 • 1 2 THE COURT: OKAY. MR. WESTERVELT, NANCY ORTIZ? 3 MR. WESTERVELT: I JUST RECEIVED THE SECOND EVALUATION 4 THE COURT: YES. 6 THE COURT CLERK: (INDISCERNIBLE). 7 THE COURT: NANCY ORTIZ. 8 IS MS.-- THERE SHE IS. GOOD MORNING. 9 ALL RIGHT. THIS IS CASE 07-CF-1055, 09-CF-2005, STATE OF FLORIDA VERSUS NANCY ORTIZ. 11 GOOD MORNING, MS. ORTIZ. 12 THE DEFENDANT: GOOD MORNING. 13 THE COURT: PLEASE TELL US YOUR NAME. 14 THE DEFENDANT: NANCY ORTIZ. 15 THE COURT: OKAY. MS. ORTIZ, PREVIOUSLY I BELIEVE, YOU 16 ENTERED PLEAS AND WAS SET FOR SENTENCING AND WE HAD A 17 COMPETENCY ISSUE WHICH AROSE AFTER THE PLEA; IS THAT RIGHT? 18 • THIS MORNING. SO 1-- MAY I APPROACH? 5 10 • PROCEEDINGS MR. WESTERVELT: RIGHT. YES, YOUR HONOR, AFTER MS. ORTIZ 19 ENTERED A PLEA AND IT WAS SET OFF FOR SENTENCING IN BETWEEN 20 THAT TIME THERE BECAME AN ISSUE. AND-- AND I JUST WANTED TO 21 STATE FOR THE RECORD THAT I DID PROVIDE ALL OF MS. ORTIZ'S 22 MEDICAL RECORDS TO DR. SKIZYNSKI AND DR. TRESSLER. AND I 23 PROVIDED HER-- THE PRIOR EVALUATIONS FROM HER V.O.P. AND I 24 ALSO WROTE THEM A LETTER KIND OF JUST EXPLAINING WHJ\T MY-- 25 THE COURT: OKAY. DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742-2482 3 • • • 1 MR. WESTERVELT: -- WHY I WAS REQUESTING THAT. 2 THE COURT: OKAY. WELL, WE HAVE A REPORT FROM DR. 3 SKIZYNSKI DATED JUNE 4 TRESSLER DATED MAY 5 EVIDENCE FOR THE PURPOSE OF THIS HEARING? 17TH 8TH OF OF 2010 2010. AND A REPORT FROM DR. ARE YOU OFFERING THESE INTO 6 MR. WESTERVELT: YES, YOUR HONOR. 7 THE COURT: ANY OBJECTION, STATE? 8 MS. HATCH: NO, YOUR HONOR. 9 THE COURT: THE COURT WILL RECEIVE THE REPORTS FROM 10 DOCTORS SKIZYNSKI AND TRESSLER INTO EVIDENCE FOR THE 11 PURPOSE OF THIS HEARING. 12 ANY ADDITIONAL EVIDENCE, TESTIMONY OR ARGUMENT ON THE 13 ISSUE OF COMPETENCE, MR. WESTERVELT? 14 MR. WESTERVELT: NO, YOUR HONOR. 15 THE COURT: STATE? 16 MS. HATCH: NO, YOUR HONOR. 17 THE COURT: OKAY. 18 (PAUSE IN THEPROCEEDINGS.) 19 THE COURT: OKAY. BASED UPON THE REPORTS THE COURT 20 DOES FIND THAT MS. ORTIZ IS COMPETENT TO PROCEED IN THIS CASE. 21 BOTH DOCTORS AGREE THAT-- THAT THE SYMPTOMS, SUCH AS THEY 22 ARE, ARE BEING EXAGGERATED. SO I WILL ENTER A-- A FINDING THAT 23 SHE IS COMPETENT TO PROCEED. 24 25 NOW ARE WE READY TO PROCEED TO SENTENCING IN THESE CASES? DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742-2482 4 • 1 MS. HATCH: THE STATE'S READY, YOUR HONOR. 2 MR. WESTERVELT: WE'RE READY. 3 THE COURT: OKAY. 4 DO YOU HAVE A SCORESHEET, STATE? 5 MS. HATCH: YES, YOUR HONOR. 6 THE COURT: OKAY. MR. WESTERVELT, I'VE BEEN PROVIDED A 7 SCORESHEET BY MS. HATCH THAT REFLECTS 150.6 TOTAL SENTENCE 8 POINTS. IS THERE ANY OBJECTION TO THE SCORESHEET? 9 10 11 • THE COURT: ANY LEGAL CAUSE WHY WE SHOULD NOT PROCEED TO SENTENCING THIS MORNING? 12 MR. WESTERVELT: NO, YOUR HONOR . 13 THE COURT: IS THERE ANYTHING FURTHER YOU OR YOUR 14 15 16 • MR. WESTERVELT: NO OBJECTION. CLIENT WISH TO SAY WITH RESPECT TO SENTENCE? MR. WESTERVELT: YOUR HONOR, I THINK MS. ORTIZ WANTED TO ADDRESS THE COURT. 17 THE COURT: OKAY. 18 YES, MS. ORTIZ? 19 THE DEFENDANT: YES. I WANTED TO SAY THAT I GOT 20 PROBLEMS WITH -- WITH CRACK AND --AND WEED AND I WOULD LIKE 21 IF I CAN PLEASE GET A-- A PROGRAM FOR THAT. AND THEN IF YOU 22 CAN GIVE ME LIKE 5 OR 10 YEARS OF PROBATION AFTER I GET OUT 23 FROM THE PROGRAM. 24 THE COURT: STATE, ANYTHING WITH RESPECT TO SENTENCE? 25 MS. HATCH: YES, YOUR HONOR. DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742-2482 5 • 1 2 YEAR MINIMUM MANDATORY PRISON SENTENCE. THERE IS NO 3 GROUNDS TO DEPART DOWNWARD FROM THE-- THE MINIMUM 4 MANDATORY SENTENCE. 5 • AND SO THE STATE IS ASKING THAT THE COURT IMPOSE THE 6 MINIMUM MANDATORY SENTENCE IN THIS CASE CONCURRENT ON 7 EACH COUNT. WE'RE ALSO ASKING FOR A $200 COST OF 8 INVESTIGATION TO THE KISSIMMEE POLICE DEPARTMENT. IT WAS THE 9 AMOUNT OF THE INVESTIGATIVE FUNDS ON THE FIRST TRANSACTION 10 • IN THIS CASE THE CHARGES THAT SHE PLED TO CARRY A 25- THAT WAS NOT RECOVERED. 11 THE COURT: VERY WELL. OKAY. 12 MS. ORTIZ, UNFORTUNATELY THE COURT HAS NO DISCRETION 13 BECAUSE OF THE CRIMES THAT YOU COMMITTED. OUR LEGISLATURE 14 HAS-- HAS ENACTED VERY STIFF PENALTIES FOR ABUSE OF-- OF 15 PRESCRIPTION DRUGS. AND WHILE I UNDERSTAND THAT YOU MAY 16 HAVE A CRACK COCAINE PROBLEM AND THAT MAY HAVE 17 CONTRIBUTED TO YOUR COMMISSION OF THIS OFFENSE-- FIRST OF 18 ALL, I'M NOT REALLY-- IT'S NOT APPROPRIATE TO CONSIDER 19 SUBSTANCE ABUSE AS A BASIS FOR A DOWNWARD DEPARTURE. AND 20 THERE IS NO WAY THE COURT CAN ENTER A DOWNWARD DEPARTURE 21 ON-- ON THIS CASE ANYWAY. THERE IS A MANDATORY MINIMUM 22 PENALTY. 23 MS. ORTIZ, IN CASE 09-CF-2005, THE COURT WILL ADJUDGE YOU 24 GUlLTY OF THE OFFENSE OF TRAFFICKING IN 28 GRAMS OR MORE OF 25 HYDROCODONE IN COUNT 1, TRAFFICKING IN 28 MORE GRAMS-- 28 DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 {407)742-2482 6 • 1 GRAMS OR MORE OF HYDROCODONE IN COUNT 2. AS TO EACH COUNT 2 YOU WILL BE SENTENCED TO 25 YEARS IN THE FLORIDA DEPARTMENT 3 OF CORRECTIONS WITH CREDIT FOR THE 297 DAYS THAT YOU'VE 4 ALREADY SERVED. THAT IS A MANDATORY MINIMUM SENTENCE. 5 THOSE SENTENCES WILL RUN CONCURRENT WITH EACH OTHER. 6 • 7 YOUR CASE. IT STILL WOULD LIKELY INVOLVE IMPRISONMENT, BUT 8 NOT TO THAT EXTENT. BUT I DON'T HAVE DISCRETION IN THIS CASE. 9 NOW YOU'LL BE REQUIRED TO PAY COURT COSTS OF $415, A 10 $100 COST OF PROSECUTION, A FINE OF $500,000, A-- $250 TO THE 11 OSCEOLA COUNTY DRUG TRUST FUND, $100 TO THE FLORIDA 12 DEPARTMENT OF LAW ENFORCEMENT DRUG TRUST FUND, $100 13 PUBLIC DEFENDER LIEN, $50 PUBLIC DEFENDER APPLICATION FEE. 14 WILL REDUCE THOSE AMOUNTS TO JUDGMENT IN THIS PARTICULAR 15 CASE. I'M NOT GOING TO IMPOSE COSTS OF INVESTIGATION. 16 17 18 NOW YOUR DRIVING PRIVILEGES ARE SUSPENDED FOR A PERIOD OF TWO YEARS AS TO EACH COUNT AS REQUIRED BY LAW. IN CASE 07-CF-1055, THE COURT WILL ADJUDGE YOU GUlLTY OF 19 THE OFFENSE OF POSSESSION OF COCAINE IN COUNT 1, POSSESSION 20 OF DRUG PARAPHERNALIA IN COUNT 2. AS TO EACH COUNT YOU WILL 21 BE SENTENCED TO 300--310 DAYS IN THE COUNTY JAIL WITH CREDIT 22 FOR 310 DAYS TIME SERVED. 23 • IF I HAD DISCRETION, I WOULD IMPOSE A LOWER SENTENCE IN YOU WILL BE REQUIRED TO PAY COURT COSTS OF $415, A $100 24 COST OF PROSECUTION, A FINE OF $250, $250 TO THE OSCEOLA 25 COUNTY DRUG TRUST FUND, $100 TO THE FLORIDA DEPARTMENT OF DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742-2482 7 • 1 LAW ENFORCEMENT DRUG TRUST FUND, $100 PUBLIC DEFENDER LIEN, 2 $50 PUBLIC DEFENDER APPLICATION FEE. I WILL REDUCE THOSE 3 AMOUNTS TO JUDGMENT. 4 5 6 • • YOUR DRIVING PRIVILEGES ARE SUSPENDED FOR A PERIOD OF TWO YEARS AS TO COUNT 1. MS. ORTIZ, I'M-- I'M VERY SORRY THAT YOU GOT CAUGHT UP IN 7 WHAT YOU GOT CAUGHT UP IN. AND I TAKE NO PLEASURE IN 8 IMPOSING THAT SENTENCE. NOW AS I SAID, I THINK YOU SHOULD BE 9 PUNISHED FOR YOU CRIMES. I THINK THAT THE SENTENCE THAT THE 10 LEGISLATURE REQUIRES FOR THIS OFFENSE IS IN SOME CASES NOT 11 PROPORTIONATE TO THE CRIMINAL ACTIVITY AND I THINK THIS IS ONE 12 OF THOSE CASES, BUT I DON'T HAVE ANY DISCRETION IN THE MATTER 13 YOU HAVE 30 DAYS WITHIN WHICH YOU CAN APPEAL THE 14 JUDGMENT AND SENTENCE THAT WAS JUST ENTERED IN EACH ONE OF 15 YOUR TWO CASES. IF YOU WISH TO APPEAL AND CANNOT AFFORD TO 16 HIRE A LAWYER, I WILL APPOINT ONE TO REPRESENT YOU. IF YOU DO 17 NOT FILE AN APPEAL WITHIN 30 DAYS, YOU WAIVE OR GIVE UP YOUR 18 RIGHT TO APPEAL. 19 DO YOU UNDERSTAND, MA'AM? 20 THE DEFENDANT: YES. 21 THE COURT: I'M SORRY? 22 THE DEFENDANT: YES. 23 THE COURT: OKAY. THANK YOU, MA'AM. GOOD LUCK TO YOU. 24 THE DEFENDANT: OKAY. THANK YOU. 25 (WHEREUPON: THESE PROCEEDINGS WERE CONCLUDED.) DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742·2482 8 • 1 CERI1£1CAIE 2 STATE OF FLORIDA: 3 COUNTY OF OSCEOLA: 4 5 I, CLAIRE A. HAIR, BEING A DIGITAL COURT REPORTER, AS AUTHORIZED BY RULE 2.535(H)(3), FLORIDA RULES OF JUDICIAL ADMINISTRATION, AND ADMINISTRATIVE ORDER OF THE NINTH JUDICIAL 6 CIRCUIT NUMBERED 07-98-44, CERTIFY THAT THE FOREGOING 7 8 9 TRANSCRIPTION IS TRUE AND CORRECT. DATED THisdbt6 DAY oF Cw6LAJ KISSIMMEE, COUNTY OF OSCEOLA, STATE OF FLORIDA. 10 11 • 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 DIGITAL COURT REPORTERS Ninth Judicial Circuit OSCEOLA COUNTY COURTHOUSE 2 COURTHOUSE SQUARE, SUITE 1500 KISSIMMEE, FLORIDA 34741 (407)742-2482 , 2010, IN THE CITY OF