Charles Sprinkler 

1273 Rice Road #48 

Ojai CA 93023

640 0439

Chas@ojai.net

In Pro Per

 

This motion is posted at www.lawyerdude.netfirms.com/5925.html and

www.lawyerdude.netfirms.com/5925.html

 

 

 

 

Combined Superior and Municipal Court of California

800 S. Victoria, Ventura CA 93003

Court clerks and police industry employees under false color of law dba People of California

v

Charles Sprinkler,

            sui generis

 


Case # 2002: 013, 441

My Document #5925 from my Folder #536. Version 0.5 

Demand to strike the plea entered for me without my consent.

Demand to hear my 995 Motion, Demurrer, and Suppression Motions.

Statement of the case.

Procedural History and Posture

 

Notification of Defendant’s concurrent Demands as follows:

            I make no waivers. Any oral waivers are void.

            Demand for effective assistance of counsel.

Demand for judge who has passed the bar - and not a commissioner.

            Demand for services of court stenographer.

Demand for prompt (within a week) written transcript of every hearing, past, present, and future (as they become available)

            Demand for jury trial. Demand for Discovery.

Demand to suppress all evidence in this case as the product of an illegal search.

Demand for full panoply of criminal due process procedures and rights.

Demand for proposed jury instructions a month in advance of trial.

Proof of Service

Date:   Thursday September 11, 2003

Place:  Court 14.

Time:   9 a.m


            To District Attorney Greg Totten and his employees: Be advised that at the venue indicated or at such other venue as the court shall ask the court for the relief as stated more fully below.

_______________________ Charles Sprinkle. Tuesday, August 12, 2003

Contents of this document:

 

Statement of my Case:

 

Chronology of my case.

 

Motion/ Demand to strike the plea entered for me as premature.

 

Declaration of Charles Sprinkle regarding obstacles to his seeking appellate review.

 

Procedural History and Posture of this case

 

Proof of Service

 

Statement of my Case:

            A deputy sheriff did a traffic stop one day. From my many years of residence here in the Ojai valley I know this deputy. He falsely accused me of blocking vision of my license plate by use of a the ball of a trailer hitch. The license plates numbers, all of them, are clearly visible from every pertinent angle. The ball is a standard small trailer hitch ball installed in the factory position in the factory hole in the bumper for that purpose.

            The officer never did write me a ticket for that offense. It was merely a pretext to check the status of my driver license. I filed a suppression motion #______ to challenge the use of evidence from that stop. On _________ the court

Chronology of my case.

2002 Nov 14     First appearance. Arturo Gutierrez presiding.

2002 Dec 5       Appearance. Court 10. Ruben de la Torre presiding told me to read PC 1054. He mistakenly entered a guilty plea for me even though a demurrer was at that time pending. Therefore the plea was premature and not entered voluntarily. Although a judge may enter a plea, that is only in the situation where a defendant stands mute. I was the opposite of mute. The judge had no authority to enter a plea for me. I had entered a plea substitute, a demurrer.

 

Motion/ Demand to strike the plea entered for me as premature.

            On 10 January 2003, in the afternoon, some judge or commissioner whose name does not appear on the transcript entered a plea for me in a court whose number does not appear in the transcript. On a page of the transcript that is not numbered, at line #9 this person said according to the transcript: “All right. So the next step is for you to enter a plea of not guilty. We’‘ll set it for a 1538.5 motion/ jury trial.”

            It is my intent to challenge the legal rulings in this case. I have been thwarted by the slowness of the transcript production. 

Declaration of Charles Sprinkle regarding obstacles to his seeking appellate review.

            I, Charles Sprinkle, declare the following under penalty of perjury: The various persons presiding in this case have denied me my constitutional rights. I have attempted to seek appellate review. I have yet to receive an adequate transcript, but I expect one very soon.

____________________ Charles Sprinkle Tuesday, August 12, 2003

Procedural History and Posture of this case

Proof of Service

I, Jan Tegard, declare the following under penalty of perjury. I served this Motion #5925 on the district attorney by hand delivering it to the receptionist at his office on the 3rd floor of the court house at 800 S. Victoria, Ventura CA 93003 on this day Signed Jan Tegard ________________. Date Monday, August 11, 2003_______________