Notice AppealCal. Super. - 6th Dist.August 20, 2021IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR COURT USE ONLY IN AND FOR THE COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street San Jose California 95113 MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José, California 951 13 BRANCH NAME: Appeals Division THE PEOPLE OF THE STATE OF CALIFORNIA RESPONDENT: MICHAEL PADEN DAY PLAINTIFF: CASE NUMBER: NOTICE OF FILING c1915282NOTICE OF MISDEMEANOR APPEAL Please take notice that a Notice of Appeal from the court date of May 06, 2021 in the above entitled action was filed in this office on June 04, 2021 Date: June 28, 2021 Clerk of the Court Clerk, by Deputy Jaymie Rodriguez CLERK’S CERTIFICATE OF MAILING | certify that | am not a party of this cause and that a true copy of this document was mailed first class postage, fully pre-paid, in a sealed envelope addressed as shown below and the document was mailed at San Jose, California, on June 28, 2021. Clerk of the Court Clerk, by , Deputy Jaymie Rodriguez cc; Appellate Division Superior Court of California County of Santa Clara 191 North First St. San Jose, CA 95113 (Pony Mail) DA’s Office 70 W. Hedding St, 6‘“ Floor West Wing San Jose, CA 95110 Attn: Motions Desk (Pony Mail) Maria Lopez 120 W. Mission St San Jose, CA 95110 Filed June 28, 2021 County of Santa Clara Superior Court of CA Clerk of the Court C1915282 By: jrodriguez Notice of Appeal (Misdemeanor) CR-1 32 Instructions This form ls only for appealing m a misdemeanor case. You can get other forms for appealing m a civil or infraction case at any courthouse 0r county law library or online at www courts. ca gov/forms. Before you fill out this form, read Injbrmation 0n Appeal Proceduresfor Miscliemeanors (form CR-I 31- INFO) to know your rights and responsibilities You can get form CR-l3 l-INFO at any courthouse or county law libra'ry or online at 1mv.courts.ca.gov[fi;rms. You must file this form no later than 30 days after the trial court issued the Judgment or order you are appealing (see rule 8.853(b) 0fthe California Rules ofCourt for vely limited exceptions). Ifyour notice of appeal is late, the court will not take your appeal. Fill out this form and make a copy ofthe completed fOrm for your records. Takg or mail the completed form to the clerk’s office for the same trial court that 'ssued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the ariginaI has been med. (D Your Information a. Name oprpeIIant (the party who ls filing this appeal): Name: Michael P. Day Clerk stamps dare here when form is filed, JUN 04 2021 QY k of tn Court n r DEPUTY V You fill :‘n the ngme and street address of the ooun‘ (hat issued the judgment or order you are appeafing: Superior Court of California, County of Santa Clara 190 W Hedding St, San Jose, CA 951 10 You fill in the number and name of the tn'a! court case in which you are appealing thejudgment or order. Trial Court Case Number: C1915282 Trial Court Case Name: People v. Michael P. Day You fill in the appellate division case number (if you know it): Appellate Division Case Number: Phone: 408-603- 1 408 ; Street address: 948 Crocket Avenue Campbell CA 95008 y Street City State Zip Mailing address (:fdzflkrent): 11/3 n/a n/a n/a Street City State Zip E-mail {ifavailable}: mpday@gmail.com b. Appellant’s lawyer (skip this {ftlze appellant isfilling ou! thisform): The lawyer filling out this form is (check (1) or (2)): (1) E was the appellant‘s lawyerin the trial cdhrt. Name: Maria Lopez S. (2) D is the appellant's lawyer for this appeal. State Bar number: 328165 Phone: (408) 299-7817 Street address: 120 W. Mission St. San Jose CA 951 10 Street City State Zip Mailing address (ifdtflerem): Street City State Zip E-mail (ifavailable): maria.s.lopez@pdo.sccgov.org Fax (Ifavailable): (408) 938-1 [06 Judicial Coundl of California. wwlcounscagov Revised Marc)! 1, 2014. Optional Form Cal. Rufes of Court, rure 8.853 Notice of Appeal (Misdemeanor) CR-1 32. Page 1 of 2a Trial Court Case Number: Trial Ct‘mrt Case Name: People v. Michael P. Day C1915282 ® Judgment or Order You Are Appealing I am/My client is appealing (check one): a. U The final judgment ofconviction in this case (Penal Code section 1466(2)(A)). D I amey client is contesting only the conditions ofthe probation. b. D The following order made after thejudgment in this case that affects an important right of mine/my client (for example, an order after a probation violation) (Penal Code section 1466(2)(B)). D An order modifying the conditions of probation. E Other(a'escribe the action you are appealing and give the date the trial court took the action): Denial of 5/6/2021 request for probation to be terminated and sentence deleted pursuant to AB 1950. cl. U The trial court has not yet issued a final judgment in this case. I am appealing before final judgment an order that denied a motion to suppress evidence in this case (Penal Code section 153850)). d. D Other action (describe the action you are appealing and give the date the trial court took the action): C3) Record on Appeal Seeform CR~131-INFOfor information about the record 0n appeal.) a. The finaljudgment 0f conviction in this case (Penal Code section I466(2)(A)). . D I have not attached a Notice Regarding Record on Appeal (Misdemeanor) (form CR-134). I undemtand that I must file this notice in the trial court within either: (l) 20 days afierl file this notice of appeal; or, if it is later, (2) 10 days afier the court appoints a lawyer for me (if I file a request for a court-appointed lawyer within 20 days afierI file my notice of appeal). l also understand that if I d0 not file the notice on time, the court will not be able to consider what was said in the trial court in deciding whether an error was made in he I trial court proceedings. I ® Court-Appointed Lawyer a. I/My client was D was not represented by the public defender or another coun-appointed lawyer in the trial court. b. I am/My client is (check (1) or (2)).- 1 E asking the court to appoint a lawyer to represent me/my client in this appeal. I have com leted Re uestP q for Court-Appointed Lawyer in Misdemeanor Appeal (form CR-133) and attached it t0 this notice of appcaL - U “A464 4 (2) D not asking the court to appoint a lawyer t0 represent me/my client in this appeal. REMINDER-Except in the very limited circumstances listed in rule 8.835(b), you must file this fonano later than 30 days after the trial court issued the judgment or order you are appealing in yolur case. If your notice of appeal is late, the court will - your appeal. Date: i06/04/2021 Maria Lopez S. Type or print your name v Signature ofappellant 0r attorney 1 Revised March 1. 2014 Notice of Appeal CR-132, pagezofz (Misdemeanor) 6 HALL 0F JUSTICE CASE NO- .C19152fl 190 W. HEDDXNG GEN 19021637 SAN JOSE, CA 951 10 flsmecimm 1:309M 52 fiofLEVS- DAY. MICHAEL PADEN 313%.». M12316 DEPEDY 31w ‘ ‘ ‘ UNKNOWN ,Bnan;M cums M JUDGE HON. GARClA-SEN, CHRISHNE Luv W312 -m3 -mu REPORTER/ER ELECTRONIC, RECORDING Nag 3,h; m DEE Am, PUBLIC DEFEIQDER, DA. uav 3 APO Wanmum Wu: D: 6115:2019 CHARGES NEXT APPEARANg21 v 3(BH2)M m Defendant Present D Not Present Atty Present i amm AD@IDO iSpecial ApplGeneraI D Arr’d D Adv U ArrWav D Amend Complaint D NG El Entered by CRT D NGBRI IAdv D TW D TNW DTW/WD D TWSentence U Ref’d I] Arr D Plea D rDc D PTc El Prob! Sent D Baiu 0R1 SORP D VOP D Further D Denies priors lAHegations/ Enhancements lRefusal D Readiness D Jury D CT D TE: D Interpreter D BailApply D Balance Exunerated Bail: D Exonerated D Forfeited Bond# D Reassumption Filed D Forfeiture SetAside/ Bail Rein D Sworn III LDM: D LDT: U Def Ordered to Appear D P36/ PDP Review D ReflAppl PD l ADI IDO D Con Decl D Adm A/F D Appearance is waived U if proof is in file D $ Costs Within 30 Days to Court SORP/OR D Revoked D Reinstaled D Relieved Appt‘d D Crim Proc Susp D Doubt Dec] Pur PC1368 D BW Ordered $ D Siayed D To‘lssue U Hrg on Mtn PC1050I1 538/SDTIPitchessfPC1203.4 D Cert to Gen Jun's D No Cite Re1ease/SCIT D No Request D Cash Only D Granled DOenlfd D Sub ed D Off Cal D Stipwto Comm B : SetAside D Recalled D Remain Out UProof of )mm WC Chum... C A(A-Lngg D MDA/COM Amended (M / INF) ct. to ' U Count_Amended to D ( M I INF)VC12500(a)fVCZ3103(a) D PurVC23103.5 D DA Stmt Filed Other: PLEA Conditions D Includes VOP D Add to Cal D Vacate pending date D Dismissal]StrikinglMDA/COM U Subm lime of Sent D Adv Max Pen I Prob! Immig [Appeal D Reg P0290 D FSF D Finesr'Fees D P029800/29805/30305/666NC14607.8NC23593 D Harvey Stip Wav Righlto D Counsel D Coun/JuryTrial D Subpoena I Confront! Examine Wltnmses D SeIf-Incrimination D Written Waiver filed D Plea {Absentia filed Q D COP D GUILTY D NOLO CONTENDERE to charges & admits enhancements I allegations! priors D Arbuckle D Factual Basis found D Findings stated D Prop 36/PDP Granted l Unamenable I Refused / Rein I Term'd Fee $ D Sent Suspended D Sent Modifiable by Judge D PROBATION DENIED : PROBATION U Imposition of sentence suspended for probation period COURT D FORMAL PROBATION GRANTED FOR Days / Mos / Yrs D Report to APO wilhin Days D Terminated D Upon Release D Perform Hrs Volunteer Work as directed POI SAP D in lieu of fine/Jail D May do in County D Not drive w/o valid DL 8. Ins D Adv VC23600 D HTO D Re-refer D MOP D FOP D 12 hrs D 3 mos D 9 mos Enroll within D DL Susp / Restfd l Rvk‘d for D IID Not/Ordered l Rmv'd for Yrs U No contact with victim or family l co-defendants unless appr by APO D Victim Present D PO issued I mod / term’d Exp D No Contact/Peaceful D DSA filed D Not ownfpossess deadly weapons D Agency: D Destroylreturn weapon Case No; D Stay away from D Submit Search f Testing D EdchVoc Trng/Empl D No alcohol! drugs or where sold D Substance Abuse, Psych, Theft, Anger Mgmt. DV, Parenting, Minors in Possession D P0296 (DNA) D P012021 HIV Test/ Education D Obey All Laws VOP: D Wi D Arr'd D Admits/Denies Viol U Court Finds VOP / No VOP days Prob Rein s Term'd l Revoked/ Remains Revoked l Ext to Origina ‘ - s 3: Conditions Except as Amended herein U APO Full Rpt/Waives Referral D CR110 Issued D BOF1022/CR210 Filed FINESIFEES: D Repon to DTAC to set up pymt plan wlin 30 days D of release Pay to: D DTAC D Court! Today U Traffic D Audit # COUNT $ + PA $ COUNT $ + PA $ EMAT $ AIDSICPP $ + PA $ LAB $ + PA $ DRF l RF $ Add'l RF $ Susp'd PC1202.44/45 AEF $ Original Fine $ SECA 3 CTS PC2900.5 $ ICMF $ TOTAL DUE $ JOIN $ Payments Granted I Modified I Pay wlin 90 days AR $ $ / Mo beginning SHELTER $ FINE STAYED DV $ Committed @ $ lday D May Pay Out A‘ITY $ Consec/Conc to _ Fine l Fees D Deemed Satisfied D Commuted D Collect Civilly D Stayed pur Duefias PIINVEST $ D P/SUP $ IMO D Waived D CJAF $129.75/325950 S D Add'l FEE waived D SECA. ICMF. ICIN. CJAF. PINVEST, PSUP FEES NOT COND OF PROB D Gen D Restit $ to U Co-lerminous with D No Funher Penalties lReviews D Reslit Admin Fee NTE 15% lWaived Olhen JAIL D See Atlacht Pg D Dress out for Trial D Shower D Haircut Count M \fioralfon HRS l DA S I MOS 0T8: ACT+ mPC4019 um = M Straight Tlme D WWP PC1209 Fees D Waived UCourt Rec Elyfle AI! l’ Except U EMF 4’ P8P / ERP l RCP/WWP {IN CAMP/NP D Sent Deemed Served D May do WWP through SAP D 1n D Bal CJ Susp D All but w Preprocess '3 \ -7 A‘ AM/PM q Stay/ Surrender to Days/Mos/Yrs D On Cond Complete Residential Treatment Prgm D Serve Consec MOITUfWE/TH/FR/SNSU olal Tola1 Term County Jail D No ERP County D Consec D Concto ‘7- lo JZA‘ @ AM/PM/Sooner D REMANDED-BAIL $ D REMAIN AS SET D NO BAIL D COMMI'I'I'ED D RELEASED D OR D SORP D JAC PHONE ASSM'T D AS COND OF SORF’ D BAIL INCREASE l REDUCE U TO PRGM AS REC BY JAC-DOC TO ARRANGE TRANSPORT UPON AVAIL BED D STATUS Remains DISTRIBUTION: ORIGINAL - FILE, GREEN - DOC, BLUE - DOR, PURPLE -~ PROBATION, BROWN - DEFENDANT €8§cf€lfi r ' “.3- f $9.3? Ea e‘J’RGiX ESW‘E‘m ‘cG V - w 3&4 ‘f-LJ argigg‘efx [R J S’VD?‘ 751-28 H; 3313f} “MJumuc :na-Ss] gain"? ' 1’{3213:} xfiljifidfi {.4 “urn” .‘1 ,rr-Q NOfiCE T0"PROBfiTIONER n; t~3lr - a.vE Lni.:t‘ Thbmughly’ffafiillafize .‘JEUI’self wiih memndmons of your Probation a5 a_ violation of any_ofx the terms may render you liabte to the fonowing penalties. However. if you faithfully perform yOur duties during your probationary period you are entitled to the p'rivileges hereinafter set forth See Section 1203 of the California Penal Code. x ( ' ‘l F]Shall immediately upon hislher release from custody if placed on FormalPro ation‘ report In person to the Probation Department of thé County of Santa Clara and tumish such information regaiding his/her self as may be requested The defendant shall while under Probation remain in the custody ofthe Probation Department and shaIl repon'In person to the Probation Officer once each month 0r as otherwise directed THE DEFENDANT. 1. 2. Shali advise the Probation Officer of place of residence at all times and shall n01 _ reave or move from the County or Slate cf residence without pnor approval of the Probation Officer 3. Shall seek and obtain emp1oyment as approved by the Probation‘Officer 4, Shall, while on either court or fennel probation conduct hlslher self honestly; obey all laws and rules. orders and regu1ations of th'e Coun and/or Probati n Officer I M)» ”xfi- > ,4)” ‘3') FURTHER CONDITIONS PURSUANT TO V0236002. 1'. Shall not drive any vehicie with any amount of alcoholldrugs'In hislhe'r body or blood 2. Shall not refuse to submit to chemical test of hislher b1ood breath or urine 3. ' ‘Shall not drive any vehicle without liability Insurance and s_hall provide proof of insurahce if. requested to do so by a Peace Officer . . 4. Shall n01 commit any cn‘min'al offehse and shall obey all laws. ‘ PRIVILEGES: You have the right to have your “record cieared" which means that under the following condrtions you have lhe n'ght to withdraw your plea of guilty or nolo contendere or have a verdict of flndinb of guilt set aside and lo then enter a plea of n'ot guilty and have the Court dismiss the charge‘(s) against you and release you from any further penalties and disabilities resulting from the within charge(s) 1, At the conclusion of your Probationary period (Formal or Court Probation) if you have otherwise complied with all orders of Court and if there are no charges pending against you (PC1 203.4). 2. Afier one year has elapsed following lhe pronouncement ofjudgment if you have not been pIaced on Probation and if you have otherwise red a good and [awful life and there are not charges pending against you [P012034 (a)]. EXCEPT that said ofiense(s) can be charged against you as a prior convictioh in the case of any criminal proceedings which may be charged against you at a later date. and except funher that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your pnvi1ege to drive a motor vehicle where appropriate [PC1203 4 1203 4(a) and VC13555] . To apply for a record clearance in all the above instances, you must contact the Santa Clara County Probation Office at (403) 435-2061. Any person convicted of a felony, [he accusatory pleading of Which has been gismissed pursuant to Section 12034 0f the Penal Code. may fire a Petition for Certificatepf Rehabilitation and Pardon provided that heishe has not been incarcerated since the dismissal of accusatory pleading, is not on Probation for the commission of any other felony. and presents satisfactory evidence of three years residence 1n California prior to the filing 0f a Petition PENALTIES: Al any‘time during your Probationary ten'n any Probation Officer may with or withom a warrant re-anest you arid bn‘ng'you before the Coun, and if said Court determines that you have violated any of the terms of your Probation. have engaged in any criminal practice, or have any criminal associations it may revoke and termlnate your Probation. and without any furtherghean'ng pronounce judgment of imPfisonmgll and de1ive‘r you over I , to the proper officers to serve your sentence‘,’as if Probation had never been granted I / 4" w .° ‘xi gal I rfll‘l: 25M i: r. - .11 Zimmm ‘11.: 3th :3 .d} a WNW Maqna :morz‘ w mem seem Hm; i‘JALzr imp VAN , #App ~Appearance ACT - Actual AD - Aiternale Defender Addl- Additional I AdeAF- Admonnion’or ny , fidv A3vls'é i9; Hli Llads‘tm -AJooh EduwnomFee APO- Adultoérobéllon'é Ed” 1:3:., u: . Appt- Appointment Appr- Approved AR - Accounts Receivable Arr - Arraignment Arer - Arralgneq ASSMT - Assesérqenl Attaclht; Attachment Atty- Aflorney Bal - Bélanoe BW - Bench Warrant Cal - Calendar Cert to Gen Jun's - Certified to General Jurisdiction CJ -Qounty Jail - CJAF - Criminal Justice Admin Fee COM - Courts Own Motion Comm - Commissioner ‘ Conc - Concurrem COND- Condition 3 Con Dec- Conflict Dedarqd . f- Consec- Consecunve COP- Change uf P_Iea . CPP- Crime Prevenuon Program Crim Proc Susp- Criminal Proceedings Suspended CRT- Coun CT- Court Trial c2. - Count _ A . CTS - Creditfor Time Served ‘ DA - Distn’ct Altorney ‘ Decl - Declared Dai- Dafendant DL- Drivers License DOC- Department of Corrections DPF- Drug Program Fee DRF - Diversion Restitution Fee DRP- Day Rapofling Program DSA- Defendants Statement of Assets DTAC- Department of Tax and Collections DV - Domestic Vlorence Educ - Education EMAT - Emergency Medical AI! Transponation EMP - Electronic Monltoring Program Emp - Employment Enhs - Enhancements Ent'd - Entered ERC - Early Resolution Cafendar ERP - Eafly Release Program Exp - Expires Ext - Extended FAR - Felony Advance Resolutlon FOP - First Offender Program FSF l Future Serious Felony Gen - General Hrg - Hearing Hrs - Hours HTO - Habitual Traffic Offender ICIN - Conviction Assessment Infraction ICMF - Conviction Assessment MisdfFelony IDC - Identification cf Counsel IID - Ignition Interlock Device lmmlg - Immigration INF- Infraction Ins Insurance "JAC-Ja1hA$sessr_nen; Coordinator LDM- Last‘Day for Mofiéns‘“ LDT- Last Day for Tnal MDA -~ Motion by District Attorney M - Misdemeanor‘ \ Mod- Mddlficalion l Modifed Hr! 6 ’a‘IMpP MuIhpie Offiender Program Mos- Months Mtn- Motions ‘ NG -- Not Guilty , NGBR] - Nol Guilty By Reason of J- lnsanify [I NP - No Programs NTE - Not to Exceed , OR - Own Reoognlzanoe 0RD - Ordered , PBB- posmon 36 l PJINV‘-PPresenlence Investigator: Fee ' ' PA- Penalty Agsessment LPD‘ fiubu‘c Defender IPDB- Pretpal.Diversion Program Péfii- PenaltyIyn "PO-- Protective Order Prob- Probation ‘ Proc- Proceeding H iPSP P_ubiic Serwce Program '.PSUP- ProbafionSupem‘siqn PTC- Pretrial Conference P_ur - Pursuant Pym! - Payment RCP - Regimenled Corrections Program Rec - Recommends, R'ef - Referred Reg - Register- Rein - Reinstated RF - Restitufion Fee ' Rpl - Report Rptr - Reporter Restr'd - Restricted “ Restit - Resutution Rmv'd- Removed ‘ ‘Rvk'd- Rekaed' (J 1L] SAP- Senfencing Alternative Program " . SECA- Coun Security Fee Sent - Sentenced SORP - Supervised Own Reoogn'zanoe Program Slip - Stipulation ‘ Subrn a Submitted Susp - Suspended > TE - ‘nme Estimat‘e Term'd ~ Terminated TNW - Time Not Waived ng - Training TW - Time Waived TWNVD - Time Waiver Withdrawn Viol - Violation Voc - Vocational VOP - Violallon of Probation Wav - Waived WWP - Weekend Work Program Yrs - Years