NoticeCal. Super. - 6th Dist.September 29, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 21AP002751 Santa Clara - Civil R. Anagon . . Electronically Filed Wllllam Safford, CA Bar #286948 by Superior Court of CA, P.O. BOX 13241 County of Santa Clara, Chicago, Illinois 60613 on 11/3/2021 12:51 pM (847) 744-4903 . Reviewed By: R. Aragon saffordlegal@gma11.com case #21Ap002751 Attorneyfor Defendant Garcia-Ayala EnveloPe: 75951 08 IN THE SUPERIOR COURT FOR THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA CRIMINAL DIVISION PEOPLE 0F THE STATE 0F CALIFORNIA, Case No.: C2014940 Plaintiff, (App. Case N0. 1-21-AP-002 751 ) V. NOTICE 0F OMISSION KEVIN GARCIA-AYALA, [ Cal. Rules ofCourt, rule 8.873(b) ] Defendant. TO THE PRESIDING JUDGE OF THE CRIMINAL DIVISION OF THE SUPERIOR COURT, THE CLERK OF THE ABOVE-ENTITLED COURT, THE DISTRICT ATTORNEY, AND ALL INVOLVED COUNSEL: Pursuant t0 California Rules 0f Court, rule 8.873(b), undersigned counsel, 0n behalf 0f Defendant Kevin Garcia-Ayala, hereby provides notice that the appellate record, as filed and served, omits records designated for inclusion by the Rules of Court. Mr. Garcia-Ayala was convicted at the end 0f a jury trial, Which took place 0n July 26, 27, 28, and 29, and August 2 and 3, 2021. He then appeared for sentencing 0n August 27, 2021. The Clerk’s Transcript appears t0 contain all materials designated by California Rules 0f Court, rule 8.861, but the Reporter’s Transcript contains only a record of oral proceedings from the August 27 sentencing hearing. Accordingly, the record must be augmented with the following: o A11 oral proceedings from July 26, 2021, except for voir dire examination [CT 108-1 10]; o A11 oral proceedings from July 27, 2021, except for voir dire examination [CT 106]; NOTICE OF OMISSION Page I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 o A11 oral proceedings from July 28, 2021, except for opening statements [CT 91-92 & 95-96]; o A11 oral proceedings from July 29, 2021 [CT 83-84 & 88-89]; o A11 oral proceedings from August 2, 2021 [CT 67-68 & 70-71]; and, 0 A11 oral proceedings from August 3, 2021 [CT 23-25]. (Cal. Rules 0f Court, rule 8.865(a)(2)-(6) & (9).) T0 aid the Clerk of Courts in obtaining the necessary transcripts, copies of the above referenced record pages are attached hereto as Exhibits A through F. Upon receiving notice of an omission from the appellate record, the Clerk of Courts is required t0 prepare, file, and serve the omitted materials “[w]ithout the need for a court order”. (Cal. Rules 0f Court, rule 8.873(b).) Pursuant t0 Government Code section 69954, subdivision (c), undersigned counsel requests an electronic copy 0f all additional transcripts upon completion. Respectfully submitted this 3rd day ofNovember, 2021. William Safford, 286948 for Defendant Garcia-Ayala NOTICE 0F OMISSION Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF OMISSION Trial Minutes from July 26, 2021 Page 3 EXHIBIT A (CT 108-110) SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CLARA FOR COURT USE 0“” STREET ADDRESS: 190 W. Hedding Street. San Jose. CA 951 10" MAILING ADDRESS: 191 N. First Street' CITY AND ZIP CODE: San Jose, CA 951 13' . CORRECTION BRANCH NAME: Hall of Justice _ PLAINTIFF: J L l I (6&1 PEOPLE 0F THE STATE 0F CALIFORNIA D CRISWE L fl \ DEFENDANT(S); {i E Eb; g KEVIN GARCIA AYALA CASE NUMBER: TR'AL M'NUTES 02014940 7126121 DAY1 Judge; EVETI'E D PENNYPACKER Reporter; KEITH ROWAN Interpreter: Clerk: DAVID D CRISWELL This cause came on regularly for trial before the Court sitting with a jury. w/ Daft. No. 1 J Present w/o arty. J withlby atty. TAYLER DAVIS Deft. No. 2 Present wlo atty. withfby atty. Defl. No. 3 Present wio atty. withlby atty. Deft. No. 4 Present wlo atty. withlby atty. l Deputy District Atty PABLO WUDKA ROBLES Jurors were drawn. examined and challenged according to the attached schedule, and there being no further challenges. the following jurors were sworn to try the case. and render a true verdict. according to the evidence. All jurors being present at each session of the trial. and they having been admonished at each adjournment. (Sec. 1122 P.C.) 1. 5. 9. 2. 6. 10. 3. 7. 11. 4. 8. 12. Alternate Jurors 1. 2. MOTION TO EXCLUDE WITNESSES: M Granted D Denied OTHER: JURY SELECTION BEGINS OPENING STATEMENTS: By: and by: CR-aozv REV 10:06 TRIAL MINUTES - CRIMINAL page1 orz Page 108 PLAINTIFF: PEOPLE 0F THE STATE 0F CALIFORNIA CASE NUMBER: DEFENDANT(S); C201 4940 7’25I21 DAY 1 PROCEEDINGS: Witnesses called by plaintiff: Exhibits on behalf of the plaintiff: marked l admitted I released 1. Sworn 1. D D D 2. Sworn 2. D D D 3. Sworn 3. D D D 4. Sworn 4. D D D Witnesses called by defendant: Exhibits on behalf of the defendant: marked I admitted I released 1. Sworn A. D D D 2. Sworn B D D D 3. Sworn C. D D D 4. Sworn D D D D BOTH I ALL PARTIES REST. ARGUMENTS: By and by MATTER SUBMITTED: The Court makes its order that defendant(s) be found D guilty D not guilty of a violation of section The Court instructed thejury and they retired at . in charge of a sworn officer to consider a verdict and returned at into open Court with the following verdict: THE PEOPLE OF THE STATE 0F CALIFORNIA, Plainfifivs. KEVIN GARCIA AYALA . Defendant; VERDICT, WE THE JURY IN THE ABOVE MENTIONED CASE FIND THE DEFENDANT: Dated: Foreman: POLLING OF JURY: D Waived U Not Waived Requested by_ Jury returned into Open Court and stated they were unable to agree upon a verdict, and after questioning by the Court. the Court determined the jury was unable to reach a unanimous verdict and declared a mistrial. The Court thanks. lifts the admonition, and discharges thejury. All jury identifying information is ordered sealed. Jury returned into open Court Jury retired for further deliberation J Funhertrial continued to JULY 27. 2021 Exhibits ordered released pursuant to stipuiation of all parties (see above listing) CR-6027 REv 10:06 TRIAL MINUTES - CRIMINAL Page 2 of 2 Page 109 Co SUPERIOR COURT 0F THE STATE 0F CALIFORNIA J?EEOrbflf COUNTY 0F SANTA CLARA JQ D HONORABLE EVETTE D PENNYPACKER, Presiding Cfllswgga’l DEPARTMENT 36 4L y Clerk: David D Criswell Date: July 26, 2021 Reporter: Keith Rowan Deputy: Staff THE PEOPLE OF THE STATE ase No: C2014940 CALIFORNIA, Plaintiff, . ' - - ' a y: Vs. KEVIN GARCIA AYALA - eense Attor ey: Defendant, Tayler Davis Nature of Proceedings: Jury Trial Day 1 Pablo Wudka Robles is present for the People. Tayler Davis is present with Defendant. 2: 10pm Off the record. 45 members of the Venire are assembled in Department 36 and 35 are assembled in Department 35. The clerk swears in the venire as prOSpectivejurors. 2:15pm A11 are present and in their proper places. The Court calls the above entitled matter for trial byjury. The Court addresses the venire. 2:40pm The Court addresses Requests for Hardship Excuses and excuses members 0f the venire for same. 3:00pm Break. 3:25pm The venire assembles in Department 36. The first 24 randomly selected members of the venire are seated. The Court addresses the venire. 3:30pm The Court voir dires the venire. 4:30pm 3 panelists are excused for cause. The venire is reminded 0f the statutory admonition and is excused to 07/27/21 at 9:15am. Counsel are directed to appear at 8:45am. Adjourned. Page 110 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF OMISSION Minute Order from July 27, 2021 Page 7 EXHIBIT B (CT 106) CASE N0. 1 HALL OF JUSTICE .C2014940 1mw HEDmNG CE” 20027455 PEOPLE van“ 5035‘m 951m, DATE 972712921 91mm DEPT 35 L. K.A Wish, Wm 11.527néEERK CA F1348037 CDY BK: N 35‘52 EMT ?CUJS BR Cflfi'fifimmufi 333344 E1 SAN JQSE Grit. 95127 STATUS JURY TRIAL JUDGE HON PBSWPAGCER EVEITE REPORTERJ'EBQ HZVPJ'S 5W DEF. ATTY WUG DEED) CHARGES NExTAppEmLW43(E:(1n%’c9| 905 129%} AWUm Wfié’mm .15355CCSO47812 - F2345 - FONSTfl‘mf'SWERWSED DR. PROGRMMHanna! Amt Viol Dt i‘lflm ?MDEQ APO 7 )ow‘b Defendant Present U Nol Present D App. Wav Imus: Present D Arr'd D Adv D Arr Wav D Amend Compflnfo P0977: D Filed D On File D Reptr. Adv i Wav II] NG El Entered by CRT D NGBRI :Adv D Denies priors {Allegations} Enhancements D TW D TNW D TWFWD D TWSenlence D LDT: D LD Px: D Further D TE: U Ref'd D D Hrg on MtnIPet. D Granted D Denied D Submitted D Off Cal D Prelim Wav D Certified lo General Jurisdiction D Amended to D (M) V023103(a) D Pur VC23103.5 D DA Stml Filed OlheriProof of: Relieved Appt'd D Subm on Rpt D Found Duns D Arr D Plea D IDC D PTC D Prob! Sent D Bail! OR! SORP D Rect Dr Rpt D FAR f ERC D Bail Apply D Balance Exoneraled D PSet D Prelim D Readiness U S I B MTC Bail: U Exonerated D Forfeited Jury D CT D PeoiDef Wav Jury D Reassumption Filed D Forfeiture SetAsidefBail Rein D MDA I COM Amended t0 ( F I M f INF) AD I DO! Special Apprenera} U Inlerpreler D Sworn Bond# D S Costs Within 30 Days to Court D Defendant! Victim I Witness Ordered to Appear SORP I OR D Revoked U Reinstated D Ref! Appt PD f AD f IDO D Con Decl D Adm NF D APO I SUTS! Prop 36 D P36 Re-Assm't D Crim Proc Susp I Rein D Status Hrg D Doubt Decl Pur PC 1368 D Capacity Yesto D BW Ordered $ D Stayed D To Issue D No Cite ReleaseBClT D No Request D Cash Only BW: U Set Aside D Recalled D Filed D Remain Out PLEA Conditions: D None D No Stale Prison D P01? after 1 yr Prob D IncludT VOPIPRCSJMS D Jail I Prison Term of m .r‘? ' U Drs. Appointed Max Term D Committed I KW] \ \J I/v D Add lo Cal U Vacate pending dale/" ,. r7. jxfl-K-k-kU Dismissal r Striking x MDA I COM \JJU K-a D Subm time of Sent D Harvey Slip D Adv Max Pen I Parole I Prob Hmmig I AppeaI D Reg PC 901PC457.11PC186.30 D FSF D FinesIFees D P029800!29805i30305!v023593 D BOF1022ICR210 Wav Right to D Counsel D Coum'Jury Trial D Subpoena f Confront I Examine Witnesses D Self-incrimination D Written Waiver filed D Plea i Absentia filed D COP D GUILTY D NOLO CONTENDERE to charges 8. admits enhancements i allegations i priors D P017 U Arbuckle D Factual Basis found D Findings stated D P36! PDP Granted I Rein I Unamen I Refused I Term'd Fee $ D Sent Suspended U Sent Mod by Judge D PROBATION DENIED PROBATION D Execution D Imposilion of sentence su3pended for probation period D COURT D FORMAL PROBATION GRANTED FOR Days I M05 I Yrs D Report to APOIPTS wilhin Days D Tenninated U Upon Release D Perform Hrs Volunteer Work as directed PO I SAP D in lieu of finelJail D Not drive wfo 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 Enrollwithin days D DL Susp! Reslr'd I Rvk‘d for D IID Not I Ordered f Rmv'd for Yrs D No contact w! victimffamilyico-defs wfo appr by APO U P0120205 D Victim Present D PO issued I mod I lerm'd Exp D No ContacUPeaceful D DSA filed D Not ownlpossess deadly weapons U Agency: D Destroyiretum weapon Case No: D Slay away from D Submit Search I Testing D EducNoc Trnngmpl D No alcohol! drugs or where sold D Substance Abuse. Psych, Theft, Anger Mgml. DV. Parenting D PC296 (DNA) D P012021 HIV Test! Education U Adv Galvan D Obey All Laws VOPIPRCSIMS D Wav D Arr‘d U Admilleenies Viol D Court Finds Viol i No Viol ProbeSJPRCS Rein I Mod i Term'd I Revoked f Remains Revoked i Ext to D Original Terms & Conditions Except as Amended herein D Co-terminous with D N0 Further Penalties I Reviews Other: JAIUPRISON D See Altachl Pg D Dress oul for Trial D Shower D Haircut Counl FJM Violation Prison Term f Yrs Enhancement Yrsis Enhancement CTS = ACT + D Straight Time D WWP PC1209 Fees D Waived D Court Rec D Sent Deemed Served D Rpt to Parole wfin D AdWORD D Bal CJ Susp U All but- D Pre-process U PC4019 U 1/2 U Va D PC2933.1 = All! Except U EMP I PSP! ERPIWWP I IN CAMP I NP_ YrslMos ParolelMSlPRCSIAppeal Rights U Consec U Conc lo DaysfMoszrs D On Cond Comp1ete Residential Treatment Prgm D Serve Consec MOFI'UIWEITHJFRISNSU D Slay I Surrender I Transpofl to D YA-DEJ Eligib Filed U APO Full RpUWaives Referral D Cruz Waiver Emd D CR1 10 Issued FINESIFEES: D Report to DTAC Io set up pyml plan wfin 30 days D of reiease Pay to: D DTAC U Court! Today D Traffic D Audit # COUNT S + PA 5 COUNT $ + PA S D Pur PC2903 AIDS f CCP $ + PA S D Pur P012025 DPF $ + PA $ EMAT $ LAB $ + PA $ DRF I RF $ Add'l RF S Susp'd P0120244 I 45 AEF $ Original Fine S SECA $ CTS P829005 $ ICMF $ TOTAL DUE S lClN $ Payments Granted! Modified IPay wfin 90 days AR S $ 1M0 beginning SH ELTER S FINE STAYED DV $ Committed @ S Iday D May Pay Out ATTY $ ConsedConc to Fine (Fees D Deemed Satisfied D Commuted D Stayed pur Duefias PIINVEST 3 D PISUP $ {Mo D Waived D CJAF $129.75I$259.50 $ D Add'l FEE waived U Collect Civilly D SECA, ICMF. ICIN, CJAF. PINVEST. PSUP FEES NOT COND OF PROB U Gen D Reslit $ to D Restit Admin Fee NTE 15% of total i Waived D As determined by APO U CDCRJParole collect restil from Def‘s Earnings En I (M YrslS YrsiSEnhancement CDCR I PC 1170hJ'CJ U Blended Sentence Total Total Term @ AMIPMISooner D REMANDED-BAIL $ D REMAIN AS SET D NO BAIL D COMMITTED D RELEASED D OR D SORP D JAC PHONE ASSM'T U AS COND OF SORP D BAIL INCREASE i REDUCE D 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 Page 106 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF OMISSION Trial Minutes from July 28, 2021 Page 9 EXHIBIT C (CT 91-92 & 95-96) SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA FOR COURT ”SE ONLY STREET ADDRESS: 190 W. Hedding Street. San Jose. CA 951 10" MAILING ADDRESS: 191 N. First Street' CITY AND ZIP CODE: San Jose. CA 951 13* BRANCH NAME: Hall of Justice PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT(3): KEVIN GARCIA AYALA CASE NUMBER: TRW- M'NUTES 02014940 7128/21 DAY 3 Judge: EVE'ITE D PENNYPACKER Reporter; KEITH ROWAN Interpreter: Clerk: DAVID D CRISWELL This cause came on regularly fortrial before the Court sitting with a jury. / Deft. No. 1 / Present wlo atty. u/ withlby atty. TAYLER DAVIS Defi. No. 2 Present on atty. withlby atty. Deft. No. 3 Present wlo atty. withfby atty. Deft. No. 4 Present w/o atty. withiby atty. / Deputy District Atty_ PABLO WUDKA ROBLES Jurors were drawn. examined and challenged according to the attached schedule. and there being no further challenges. the following jurors were sworn to try the case. and render a true verdict. according to the evidence. All jurors being present at each session of the trial, and they having been admonished at each adjournment. (Sec. 1122 RC.) 1. 40 5. 2 9. 25 2. 24 6_ 37 10_ 19 3_ 26 7_ 78 11_ 48 4. 52 8. 70 12. 51 Alternate Jurors 1. 45 . 2_ 58 MOTION TO EXCLUDE WITNESSES: m Granted D Denied OTHER: OPENING STATEMENTS: By: THE PEOPLE and by: THE DEFENSE CR-6027 REV 10:05 TRIAL MINUTES - CRIMINAL Page 1 or 2 Page 91 PLAINTIFF: PEOPLE OF THE STATE 0F CALIFORNIA CASE ”UMBER: DEFENDANT{S): C2014940 7123(21 DAY 3 PROCEEDINGS: \Mtnesses called by plaintiff: Exhibits on behalf of the plaintiff: marked I admitted I released 1_ SEE ATTACHED Sworn 1_ SEE ATTACHED D D D 2. Sworn 2. D D D 3. Sworn 3. D D D 4. a Sworn 4. D D D Witnesses called by defendant: Exhibits on behaif of the defendant: marked {admitted f released 1. Sworn A. D D D 2. Sworn B D D D 3. Sworn C. D D D 4. Sworn D D D D BOTH [ALL PARTIES REST. ARGUMENTS: By and by MATTER SUBMITTED: The Court makes its orderthat defendant(s) be found D guilty D notguilty of a Violation of section The Court instructed thejury and they retired at . in charge of a sworn officer to consider a verdict and returned at into open Court with the following verdict: THE PEOPLE OF THE STATE 0F CALIFORNIA, Plaintifivs. KEVIN GARCIA AYALA . Defendant; VERDICT, WE THE JURY IN THE ABOVE MENTIONED CASE FIND THE DEFENDANT: Dated: Foreman: POLLING OF JURY: D Waived D Not Waived Requested by_ Jury returned info open Court and stated they were unable to agree upon a verdict, and after questioning by the Court, the Court determined the jury was unable to reach a unanimous verdict and declared a mistrial. The Court thanks, lifts the admonition. and discharges the jury. All jury identifying information is ordered sealed. Jury returned into open Court Jury retired for further deliberation J Furthertrial continued to JULY 29: 2021 at 9:00AM Exhibits ordered released pursuant t0 stipulation of all parties (see above listing) CR-6027 REV 10105 TRIAL MINUTES - CRIMINAL Page 2 or 2 Page 92 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA HONORABLE EVETTE D PENNYPACKER, Presiding DEPARTMENT 36 Clerk: David D Criswell Date: July 28, 2021 Reporter: Keith Rowan Deputy: Staff THE PEOPLE 0F THE STATE Case No: (32014940 CALIFORNIA, Plaintiff, District Attorney: Pablo Wudka Robles Vs. KEVIN GARCIA AYALA Defense Attorney: Defendant, Tayler Davis Nature of Proceedings: Jury Trial Day 3 Pablo Wudka Robles is present for the People. Tayler Davis is present with Defendant. 8:45am OFF the record the Court and counsel meet and confer in chambers. 9:07am A11 are present and in their proper places. The Court calls the above entitled matter for continued trial by jury. 9:08am The People present opening statement. 9: 12am The Defense presents opening statement. 9: 1 6am The People call Jennifer Villegas as a witness. 10:28am Thejury is reminded ofthe statutory admonition and excused for a break. Break. 10:56am All are present and in their proper places. The People resume direct examination ofMs. Villegas. 11:19am The Defense cross examines Ms. Villegas. 11:4lam The People redirect. 11:43am The witness is excused. 11:43am Thejury is reminded ofthe statutory admonition and excused for lunch. Lunch. Page 95 Nature 0f Proceedings: Jury Trial Day 3 PAGE 2 1:35pm All are present and in their pr0per places. The People call Monica Geronimo (Jeronimo) as a witness. 3:22pm The jury is reminded of the statutory admonition and excused for a break. 3:42pm All are present and in their proper places. The Defense cross examines Ms. Jeronimo. 3:44pm The witness is excused. The jury is reminded of the statutory admonition and excused t0 07/29/21 at 9:00am. 3:47pm Out of the presence of the jury the Court and counsel address service 0f witnesses, testimony, motions and other trial related issues. 4:00pm Adjourned t0 07/29/21 at 9:00am. 2 Page 96 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF OMISSION Trial Minutes from July 29, 2021 Page I4 EXHIBIT D (CT 83-84 & 88-89) SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: 190 W. Hedding Street. San Jose. CA 951 10' 191 N. First Street' San Jose, CA 95113" Hall of Justice FOR COURT USE ONLY PLAINTIFF: PEOPLE 0F THE STATE OF CALIFORNIA DEFENDANT(S)I KEVIN GARCIA AYALA CASE NUMBER: TRIAL MINUTES c201494o 7129121 DAY 4 Judge: EVE'ITE D PENNYPACKER Reporter; KEITH ROWAN Interpreter: Clerk: DAVID D CRISWELL This cause came on regularly fortrial before the Court sitting with a jury. _/_ Deft. No. 1 LPresent_wlo atty. l withlby atty. TAYLER DAVIS_ Deft. No. 2 _Present wio atly. withfby atty. __ Daft. No. 3 _Present wlo atty. withfby atty._ Deft. No. 4 Present wlo atty. withlby atty. I Deputy District Atty PABLO WUDKA ROBLES Jurors were drawn, examined and challenged according to the attached schedule, and there being no further chalienges. the following jurors were sworn to try the case. and render a true verdict. according to the evidence. All jurors being present at each session of the trial, and they having been admonished at each adjournment. (Sec. 1122 P.C.) 1. 40 5. 2 9. 25 2. 24 6. 37 1o. 19 3_ 26 7_ 78 11_ 48 4_ 52 8. 70 12. 51 Alternate Jurors 1. 46 2. 58 MOTION TO EXCLUDE WITNESSES: M Granted D Denied OTHER : OPENING STATEMENTS: By: THE PEOPLE and by; THE DEFENSE CR-6027 REV 10:06 TRIAL MINUTES -- CRIMINAL Page 1 or 2 Page 83 PLAINTIFF: PEOPLE OF THE STATE 0F CALIFORNIA CASE NUMBER‘ DEFENDANT[S): C2014940 ”29/21 DAY 4 PROCEEDINGS: Witnesses called by plaintiff: Exhibits on behalf of the plaintiff: marked {admitted I released 1_ SEE ATTACHED Sworn 1. SEE ATTACHED D D D 2. Sworn 2. D D D 3. Sworn 3. D D D 4. Sworn 4. D D D Witnesses called by defendant: Exhibits on behalf of the defendant: marked I admitted I released 1_ Sworn A_ SEE ATTACHED D D D 2. Sworn B. D D D 3. Sworn C. D D D 4. Sworn D. D D D BOTH l ALL PARTIES REST. ARGUMENTS: By and by MATTER SUBMITTED: The Court makes its order that defendant(s) be found D guilty D not guilty of a violation of section The Court instructed the jury and they retired at , in charge of a sworn officer to consider a verdict andreturned at into open Court with the following verdict: THE PEOPLE OF THE STATE 0F CALIFORNIA, Plaintiffvs. KEVIN GARCIA AYALA . Defendant; VERDICT, WE THE JURY IN THE ABOVE MENTIONED CASE FIND THE DEFENDANT: Dated: Foreman: POLLING OF JURY: D Waived D Not Waived Requested by Jury returned into open Court and stated they were unable to agree upon a verdict, and after questioning by the Court, the Court determined the jury was unable to reach a unanimous verdict and declared a mistrial. The Court thanks. lifts the admonition, and discharges the jury. All jury identifying information is ordered sealed. Jury returned into open Court Jury retired for further deliberation l Further trial continued to AUGUST 02. 2021 at 9:00AM Exhibits ordered released pursuant to stipulation of all parties (see above listing) CR-6027 REV 10:06 TRIAL MINUTES - CRIMINAL , Page 2 or 2 Page 84 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA HONORABLE EVETTE D PENNYPACKER, Presiding DEPARTMENT 36 Clerk: David D Criswell Date: July 29, 2021 Reporter: Keith Rowan Deputy: Staff THE PEOPLE OF THE STATE Case No: C2014940 CALIFORNIA, Plaintiff, District Attorney: Pablo Wudka Robles Vs. ‘ KEVIN GARCIA AYALA Defense Attorney: Defendant, Tayler Davis Nature of Proceedings: Jury Trial Day 4 8:45am 9:123m 9:33am 9:48am 10:0 1am 10:05am 10:09am 10:45am Pablo Wudka Robles is present for the People. Tayler Davis is present with Defendant. Public Defender Supervisor Bichara Endrawos is present regarding Conflict of Interest issue. Ofi‘ the record the Court and counsel meet in chambers. All are present and in their proper places. The Court calls the above entitled matter for continued trial by jury. The People call Deputy Ryan Fong as a witness. Break. All are present and in their proper places. The Defense cross examines Deputy Fong. The People redirect. The jury is reminded 0f the statutory admonition and is excused to 08/02 at 9:30am. ' Break. Out of the presence of thejury the Court and counsel address conflict of interest issue regarding a PCl 109 witness. The Defense brings oral Motion t0 Dismiss. Motion is denied. Witness l evidence will not be excluded. Court is in recess until 1:30pm when the issue will be addressed further. Page 88 Nature of Proceedings: Jury Trial Day 4 PAGE 2 1:39pm Out of the presence of thejury the Court and counsel resume discussions regarding Conflict of Interest issue regarding proposed witness to include the People’sjust filed Motion to Deny Defense Counsel’s Request To Withdraw Based On An Alleged Conflict Of Interests. 1:53pm The Court conducts and In Camera hearing on th_e record with only Public Defender Supervisor Bichara Andrawos and court staff present. 2:00pm In Camera hearing is concluded and the record of same is ordered sealed. 2:01pm Out of the presence of the jury the Court and counsel resume hearing regarding Conflict of Interest issue. The Court finds there would be a conflict should the proposed witness be called. Adjourned to 08/02/21 at 9:00am. Page 89 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF OMISSION Trial Minutes from August 2, 2021 Page I9 EXHIBIT E (CT 67-68 & 70-71) SUPERIOR COURT OF CALIFORNIA. COUNTY 0F SANTA CLARA FOR COURTUSE 0”” STREET ADDRESS: 190 W. Hedding Street, San Jose. CA 951 10" MAILING ADDRESS: 191 N. First Street“ CITY AND ZIP CODE: San Jose, CA 95113‘ BRANCH NAME: Hall of Justice PLAINTIFF: PEOPLE OF THE STATE 0F CALIFORNIA DEFENDANT(S): KEVIN GARCIA AYALA CASE NUMBER: TRIAL MINUTES 02014940 8102121 DAY 5 Interpreter: Clerk: DAVID D CRISWELL This cause came on regularly for trial before the Court sitting with a jury. x/ Deft. No. 1 J Present wlo atty. l withlby arty. TAYLER DAVIS Deft. No. 2 Present wlo atty. withlby atty. Deft. No. 3 Present on atty. withlby atty. Deft. No. 4 Present wio atty. withlby atty.‘L Deputy District Atty, PABLO wunKA ROBLES Jurors were Idrawn, examined and challenged according to the attached schedule, and there being no further challenges, the following jurors were sworn to try the case, and render a true verdict. according to the evidence. All jurors being present at each session of the trial. and they having been admonished at each adjournment. (Sec. 1122 P.C.) 1. 40 5. 2 9. 25 2. 24 6. 37 10. 19 3_ 26 7, 78 11. 48 4. 52 B. 70 12. 51 Alternate Jurors 1_ 46 2_ 58 MOTION T0 EXCLUDE WITNESSES: M Granted D Denied OTHER: OPENING STATEMENTS: By: and by: CR-6027 REV 10:06 TRIAL MINUTES --- CRIMINAL Page1 of 2 Page 67 PLAINTIFF: PEOPLE 0F THE STATE 0F CALIFORNIA CASE NUMBER: DEFENDANT(S): C2014940 8102I21 DAY 5 PROCEEDINGS: Witnesses called by plaintiff: Exhibits on behalf of the plaintiff: marked {admitted I released 1_ SEE ATTACHED Sworn 1_ D D D 2. § Sworn 2. D D D 3. Sworn 3. D D D 4. Sworn 4. D D D \Mtnesses called by defendant: Exhibits on behalf of the defendant: marked {admitted {released 1 Sworn A. D D D 2. Sworn B. D D D 3. ' Sworn C. D D D 4 Sworn' D D D D BOTH I ALL PARTIES REST. ARGUMENTS: By PEOPLE and by THE DEFENSE MATTER SUBMITTED: The Court makes its orderthat defendant(s) be found D guilty D not guilty of a violation of section The Court instructed the jury and they retired at 3:50PM . in charge of a sworn officer to consider a verdict and returned at into open Court with the following verdict: THE PEOPLE OF THE STATE 0F CALIFORNIA, Plaintiffvs. KEVIN GARCIA AYALA . Defendant; VERDICT, WE THE JURY IN ‘THE ABOVE MENTIONED CASE FIND THE DEFENDANT: Dated: Foreman: POLLING OF JURY: D Waived D Not Waived Requested by Jury returned into open Court and stated they were unable to agree upon a verdict. and after questioning by the Court, the Court determined the jury was unable to reach‘a unanimous verdict and declared a mistrial. The Court thanks, lifts the admonition, and discharges thejury. All jury identifying information is ordered sealed. Jury returned into open Court Jury retired for further deliberation l Furthertrial continued to AUGUST 03. 2021 at 9:00AM Exhibits ordered released pursuant to stipiulation of all parties (see above listing) CR-6027 REV 10105 TRIAL MINUTES - CRIMINAL Page 2 or 2 Page 68 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA HONORABLE EVETTE D PENNYPACKER, Presiding DEPARTMENT 36 Clerk: David D Criswell Date: August 02, 2021 Reporter: Keith Rowan Deputy: Staff THE PEOPLE 0F THE STATE Case No: C2014940 CALIFORNIA, Plaintiff, District Attorney: Pablo Wudka Robles Vs. KEVIN GARCIA AYALA_. ‘ Defense Attorney: Defendant, Tayler Davis Nature of Proceedings: Jury Trial Day 5 Pablo Wudka Robles is present for the People. Tayler Davis is present with Defendant. 9:323m A11 are present and in their proper places. The Court calls the above entitled case for continued trial by jury. The People call Frank del Fiugo. 9:46am The People offer Mr. deI Fiugo as an ekpert witness. The Defense voir dires Mr. del Fiugo regarding qualifications. The Court designates Mr. del Fiugo an expert witness. 9:50am The People resume direct examination oer. del Fiugo. 10:20am The Defense cross examines Mr. deI Fiugo. 10:24am Witness excused. 10:253m The People rest. The Defense rests. The jury is reminded of the statutory admonition and excused for break. 10:26am Out 0f the presence of the jury the Court and counsel address Jury Instructions. ' 10:523m All are present and in their proper places. The Court instructs the jury. 1 1:20am The People begin closing argument. 11:44am Thejury is reminded 0f the statutory admonition and are excused for lunch. ' Page 7O Nature of Proceedings: 'Jury Trial Day 5 PAGE 2 I 1 :45am 11:50am 1:33pm 2:45pm 3:03pm 3:38pm 3:45pm 4:20pm 4:35pm 4:50pm Out of the presence of thejury the Court and counsel address further the Conflict of Interest issues from Thursday. ,iLunch. All are present and in their prOper places. The People resume closing argument. The jury is reminded 0f the statutory admonition and are excused for break. Break. All are present and in their proper places. The Defense presents closing argument. The People present final argument. The Court gives thejury final instructions. The bailiff is sworn to take charge of the jury. The alternate jurors are instructed to stay by the phone. The court‘is in recess while the jury deliberates. Off the record the jury submits Juror Inquiry N0 I with three questions. The Court and counsel discuss response to Jury Inquiry No 1. Bailiff delivers Court response to Inquiry No 1 to jury. The jury leaves for the day and will return at 9:00am on 08/03/21. Adjourned. Page 71 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF OMISSION Trial Minutes from August 3, 2021 Page 24 EXHIBIT F (CT 23-25) SUPERIOR COURT 0F CALIFORNIA. COUNTY OF SANTA CLARA FOR COURTUSE ONLY STREET ADDRESS: 190 W. Hedding Street. San Jose, CA 951 1 0* MAILING ADDRESS: 191 N. First Street‘ CITY AND ZIP CODE: San Jose, CA 951 13' BRANCH NAME: Hall of Justice PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT(S): KEVIN GARCIA AYALA CASE NUMBER: TR'AL M'NUTES czo1494o 8103;21 DAY 6 Interpreter: Clerk: DAVID D CRISWELL This cause came on regularly for trial before the Court sitting with a jury. / Defl. No. 1 \/ Present w/o atly. J withfby arty. TAYLER DAVIS Defi. No. 2 Present w/o arty. withfby atty. Deft. No. 3 Present wfo atty. withfby atty. Deft. No. 4 Present w/o atty. withiby atty. ./ Deputy DistrictAW PABLO WUDKA ROBLES Jurors were drawn. examined and challenged according to the attached schedule, and there being no further challenges. the following jurors were sworn to try the case. and render a true verdict. according to the evidence. All jurors being present at each session of the trial, and they having been admonished at each adjournment. (Sec. 1122 P.C.) 1. 40 5. 2 9_ 25 2. 24 s. 37 ' 1o. 19 3_ 26 7_ 78 11. 48 4_ 52 a_ 70 12. 51 Alternate Jurors 1. 45 2. 53 MOTION TO EXCLUDE WITNESSES: M Granted D Denied OTHER: OPENING STATEMENTS: By: and by: CR-6027 REV 10:06 TRIAL MINUTES - CRIMINAL Page 1 or 2 Page 23 PLAINTIFF: PEOPLE 0F THE STATE 0F CALIFORNIA CASE NUMBER: DEFENDAm-(s); C2014940 8103/21 DAY 6 PROCEEDINGS: Witnesses called by plaintiff: Exhibits on behalf of the plaintiff: marked Iadmitted I released 1. Sworn 1. D D D 2. Sworn 2. x D D D 3. Sworn 3. I. D D D 4. Sworn 4. D D D Wltnesses called by defendant: Exhibits on behalf of the defendant: marked {admitted I released 1. Sworn A. D U D 2. Sworn B D D D 3. Sworn C. D D D 4. Sworn D D D D BOTH I ALL PARTIES REST. ARGUMENTS: By and by MATTER SUBMITTED: The Court makes its orderthat defendant(s) be found D guilty D not guilty of a violation of section The Court instructed thejury and they retired at 9:15AM , in charge of a sworn officer to consider a verdict and returned at 11:15AM into open Court with the following verdict: THE PEOPLE OF THE STATE 0F CALIFORNIA, Plaintiff vs. KEVIN GARCIA AYALA . Defendant; VERDICT, WE THE JURY IN THE ABOVE MENTIONED CASE FIND THE DEFENDANT: GU'LTY 0F COUNT 1- P0243(E)(1) Dated: 8’3’21 Foreman: JUROR 9 POLLING 0F JURY: D Waived m Not Waived Requested by DEFENSE_ Jury returned into open Court and stated they were unable to agree upon a verdict, and after questioning by the Court. the Court determined the jury was unable to reach a unanimous verdict and declared a mistrial.L The Court thanks. lifts the admonition, and discharges the jury. l All jury identifying information is ordered sealed. Jury returned into open Court Jury retired for further deliberation 9:00AM Further trial continued to [\l Ix Exhibits ordered released pursuant t0 stipulation of all parties (see above listing) CR-eoz7 REV 10:05 TRIAL MINUTES - CRIMINAL Page 2 of 2 Page 24 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY 0F SANTA CLARA HONORABLE EVETTE D PENNYPACKER, Presiding DEPARTMENT 36 Clerk: David D Criswell \ Date: August 03, 2021 Reporter: Keith Rowan Deputy: Staff THE PEOPLE OF THE STATE Case N0: C2014940 CALIFORNIA, Plaintiff, District Attorney: Pablo Wudka Robles Vs. KEVIN GARCIA AYALA ‘ Defense Attorney: Defendant, Tayler Davis Nature of Proceedings: Jury Trial Day 6 Pablo Wudka Robles is present for the People. Tayler Davis is present with Defendant. 9: I 5am Off the record. Thejury retires t0 resume deliberation. 10:45am The jury advises the bailiff that it has reached a verdict. Thejury takes a break while counsel and defendant asserriblc. Break. I I :ISam All are present and their proper places. The Court calls the above entitled case for continued trial byjury. The jury forcperson (Juror 9) advises the Court that thejury has reached a verdict. The Court reviews the verdict form. The Clerk reads the verdict into the record. Thejury finds the defendant guilty of Count l, PC 243(E)(1). At the request of the Defense the jury is polled. Verdict is unanimous. I 1:20am The Court thanks thejury, lifis the admonition and discharges thejury. A11 juror identifying information is ordered sealed. The exhibits are ordered released. Sentencing is set for 08/27/2021 at 9:00am. Adjourned. Page 25 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CERTIFICATE 0F SERVICE I, the undersigned, am a citizen 0f the United States, over 18 years 0f age, and not a party to the above-entitled action. I hereby certify that, 0n or before this 3rd day ofNovember, 2021, I caused a true and accurate copy of the foregoing NOTICE OF OMISSION t0 be served upon each 0f the following, either by electronic service with the consent of the party served, 0r placement with the United States Postal Service in a sealed envelope With postage prepaid, as indicated below: Kaci Lopez, Deputy SANTA CLARA COUNTY DISTRICT ATTORNEY klopez@dao.sccgov.0rg m0tions_dr0pbox@dao.sccgov.0rg Appellate Division Clerk SANTA CLARA COUNTY SUPERIOR COURT appealsclerks@scscourt.org William Safford/ 286948 for Defendant Garcia-Ayala NOTICE 0F OMISSION Page 28
