Charles Sprinkler
1273 Rice Road #48, Ojai CA 93023 Dispatched Charlie to court with this at 4 pm Tu 10 Dec 2002
640 0439
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In Pro Per with assistance from www.lawyerdude.8m.com
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Combined Superior and Municipal Court of California
800 S. Victoria, Ventura CA 93003
People
v
Charles Sprinkler
Case # 2002: 013, 441
Document #5620
Trial is mistakenly set for 10 January
Motion for Reconsideration to correct the court’s apparent mistake, Clarification of Record, and Withdrawal of Plea entered by De La Torre
Request for Order Shortening Time.
Declaration of Defendant
Memorandum of Authority
Argument
Proposed Order
Proof of Service on the District Attorney
List of Exhibits
Notice of concurrent and unresolved Motions and matters:
Request/ Demand for copy of court file.
Request for tape recording of 5 December session.
Request for Copy of the “confidential” part of my file.
Date: 12 Dec 2002
Place: Court 10.
Time: 9 a.m.
Motion for Reconsideration to correct the court’s apparent mistake, Clarification of Record, and Withdrawal of Plea entered by De La Torre
It appears that De La Torre simply did not know that I filed a demurrer. I would like to get back on calendar and fix it. He should not have entered a plea for me. I demurred.
Defendant _______________________ Dec 10, 2002
Request for Order Shortening Time.
Because this matter appears simply to be a misunderstanding caused by De La Torre’s not having the papers in front of him, I ask that the 10 day time be shortened.
Declaration of Defendant
I, Charlie Sprinkler, declare under penalty of perjury: On 5 December I appeared in court 10. From what I heard it sounds as though De La Torre denied my request for a demurrer. I told him I had motions before the court. He said denied and told me to show up for trial. He was in such a hurry. Upon reading the yellow paper that the court handed me, I see that it says I plead not guilty. That is wrong. I demur. I want the record clarified.
I consulted with counsel who tells me that the court often does not have recently filed documents in the folder and therefore the judge often does not know about them. I guess that is what happened here.
I observe that the trial date is the day after the demurrer hearing. I conclude that this timing is a coincidence but at any rate it won’t give me time to prepare for trial. I have an expert witness and other people to call and I don’t want them coming to trial on the wrong day.
Defendant ______________________ Dec 10, 2002
Memorandum of Authority
California Rules of Court. Rule 4.100. Arraignments
At the arraignment on the information or indictment, unless otherwise ordered for good cause, and on a plea of not guilty, including a plea of not guilty by reason of insanity,
(1) the court shall set dates for
(A) trial, giving priority to a case entitled to it under law,
(B) a readiness conference within 1 to 14 days before trial, and
(C) filing and service of motions and responses and hearing thereon;
(2) a plea of not guilty shall be entered if a defendant represented by counsel fails to plead or demur; and. . .
Argument
The demur is in place of a plea. Therefore the plea indicated in exhibit #2 must be vacated. I demurred on 3 December in writing. As the rule demonstrates, demurrer is instead of a plea, not in addition to a plea.
Proposed Order
The plea of defendant is hereby revoked. Trial date is hereby vacated. Demurrer date of Jan 9th is hereby vacated. as scheduled by defendant on December 3rd in his moving papers. Defendant is to have his final version of his demurrer filed by Thursday 2 January. District Attorney shall file his Response by 16 January. Hearing shall be Thursday 23 January at 1:30 at court 10.
So Ordered ________________________
Judge of Combined Courts
Proof of Service on the District Attorney
I,_________________________________, declare the following under penalty of perjury: I am over age 18. On Dec 10 I delivered a copy of this motion to the receptionist at the office of the district attorney on the 3rd floor of the hall of justice at 800 S. Victoria, Ventura CA 93001.
Signed ______________________ Date 10 Dec 2002
List of Exhibits
Exhibit #1 Filed stamped front sheet showing that my 35 page demurrer was filed and served on 3 December and should have been in the file on the 5th but, considering the filing practices in this and other cases, may have been not before De La Torre on the 5th of December.
Exhibit #2. First page of the minute order that I received in court on 5 December. Observe that a plea of not guilty is indicated. I demurred; I did not plea. The court may not enter
Exhibit #3. Second page of the minute order that I received in court on 5 December. Observe that the case is continued for trial. No word is mentioned of demurrer.