Petition Writ of MandamusCal. Super. - 6th Dist.November 19, 2021Petition for Writ (Misdemeanor, Clerk stamps date here When formis filed. Infraction, or Limited Civil Case) a "'//{v SHAWN MCGRADY Petitioner (fill in the name of the person asking for the wn’t) Nov 18 2021 v. lerk of the Court SuperigCoun of CA County 01 San! Clara Superior Court of California, County of Santa Clara BY EPUTY ' N M3 (MEL) HONORABLE JOHNNY C. GOGO Clerk Wilffilltn (he number below: Respondent Appellate Division Case Number: (fill in the name of the court whose action or ruling you are challenging) SANTA CLARA COUNTY DISTRICT ATTORNEY Real Party in ‘Int'erest V Stay requested (fill in the name ofany olherpartles m the fna! court case) _ (see ztem ® c. 0n page 6) Instructions This form is only for requesting a writ in a misdemeanor, infraction, 0r limited civil case, or a writ challenging a postjudgment enforcement order in a small claims case (see below*). Do not use this form for other writs and for appeals. You can get forms t0 use for those at any courthouse or county Iaw library or online at www.courts.ca.gov/forms. Before you fill out this form, read Information 0n Writ Proceedings in Msdemeanor, Infraction, and Limited Civil Cases (form APP-l 50-[NFO) to know your rights and responsibilities. You can get form APP-lSO-INFO at any courthouse or county law library or online at www.c0urts.ca.gov/forms. Unless a Special statute sets an earlier deadline, you should file this form no later than 30 days afier the date the trial court took the action or issued the ruling you are challenging in this petition (see form APP-lSO-INFO, page 7, for more information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an earlier deadline. Ifyour petition is filed late, the appellate division may deny it. Fill out this form and make a copy ofthe completed form for your records and for the respondent (the trial court whose action 0r ruling you are challenging) and each of the real parties in interest (the other party or parties in the trial court case). Serve a copy of the completed form on the r65pondent and 0n each real party in interest and keep proof of this service. ProofofService (Appellate Division) (form APP-IOQ) 0r ProofofElectronic Service {Appellate Division) (form APP-109E) can be used to make this record. You can get information about how t0 serve court papers and proof 0f service from What Is ProofofService? (form APP-lO9-INFO) and 0n the California Courts Online Self-Help Center at www.courfs.ca.g0v/seM1eL0-serving.htm. Take or mail the completed form and your proof of service on the respondent and each real party in interest to the clerk’s office for the appellate division of the superior court that took the action 0r issued the ruling you are challenging. Small Claims cases. Ifyou are a party in a small claims case, this form is only to be used for requesting a writ relating to a postjudgment enforcement order of a small claims division. For writs relating to other acts ofa small claims division, the form to use is the Petitionfor Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules 8970-8977. For writs relating to acts ofa superior court in a small claims appeal, see Cal. Rules ofCourt, rules 8.485- 8.493. Judia’al Coundl of CaTflu-nia. wwwoourrscavgov ' ' ' _ Revised January 1, 2017. Optional an Petltlon for wrlt APP 151' Page .1 0f 7 camarma Rulesotcourt mxesBBw-esae (Misdemeanor, Infraction, or Limited Civil Case) a 21AP002757 Appellate Division Appellate Division Case Number: Case Name: MCGRADY v. SUPERIOR COURT (D ® ® Your Information a. Petitioner (the party who is asking for the writ): Name: Shawu McGrady Street addresss 208 Dover Street Los Gatos CA 95032 Street City Stare Zip Mailing address (ifdijfkrent): Street City State Zip Phone: E-mail: b. Petitioner’s lawyer (Skip this {fthe petitioner does n0! have a lawyerfor this petition): Name: Bruce C. Funk State Bar number: 122340 Street address: 46 W. Santa Clara San Jose CA 951 I3 Street City State Zip Mailing address (Ifdiflerent): Street City State Zip Phone: 408-280-6488 E-mail: bcfunkesq@aol.com Fax: 408-286-3 139 The Trial Court Action or Ruling You Are Challenging I am/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following case: a. Case name (fill in the trial court case name): People v. McGrady b. Case number (fill in the trial court case number): C21 l3 1 10 The trial court action or rulingI am/my client is challenging is (describe the action taken 0r ruling made by the trial court): Judge Gogo ordered that my client surrender firearms to law enforcement or a licensed gun dealer pursuant to Code 0f Civil Procedure 527.85. My client does not have possession or control 0fthe firearms subject to the court order. Judge Gogo set a hearing date of November 19, 2021 to show proof of transfer. The trial court took this action or made this ruling on the following date €171 in the date): November I7, 2021 Ifyou arefih'ng this petition more than 30 days after the date that you listed in@ explain the extraordinary circumstances that caused the delay infiling this petition: RWSBNWW 1- 2°17 Petition for Writ APP-151’ P399 2 0f 7 (Misdemeanor, Infraction, or Limited Civil Case) -9 21AP002757 Appellate Division Appellate Division Case Number: Case Name: MCGRADY v. SUPERIOR COURT ® The Parties in the Trial Court Case I/My client (check andfill in a or b): a. E was a party in the case identified in®. b. D was not a party in the case identified in® but will be directly and negatively affected in the following way by the action taken or ruling made by the trial coun (describe how you/your client will be directly and negatively aflected by the trial court ‘s action 0r ruling): The other party or parties in the case identified in was/were mil in the names ofthe parties): People of the State 0f California through the Santa lara County District Attorney's Office Appeals or Other Petitions for Writs in This Case Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition? (Check andfill in a 0r b): a. E No b. D Yes (fill in the appellate division case number offhe appeal): Have you filed a previous petition for a writ challenging this trial court action 0r ruling? (Check andfill in a or b): a. E N0 b, fl Yes (Please provide thefollowing information about this previous petition). (l) Petition title 0’21! in the title 0fthe petition): (2) Date petition filed ml] in the date youfiled this petition): (3) Case number OH] in the case number 0fthe petition): Ifyou/your cliemfilea' more than one previous petition, attach anotherpage providing this informationfor each additionalpetition. Ar the top ofeach page, write "APP-151, item 9. ") Reasons for This Petition The trial court made the following legal error 0r errors when it took the action or made the ruling described in© {check andfill in af least one): a. D The trial court has not done or has refused to do something that the law says it mus! do. (I) Describe whatyou believe the law says the trial court must d0: (2) Idennfir the law (the section ofthe Constitution 0r statute, published court decision, 0r other legal authority) that says the trial court must d0 (his: Revised January 1,2017 petition for writ APP-151, Page 3 of7 (Misdemeanor, Infraction, or Limited Civil Case) fi 21AP002757 Appellate Division Appellate Division Case Number: Case Name: MCGRADY V. SUPERIOR COURT (continued) (3) b. E (1) (2) (3) (1) (2) [dentifil where in the supporting documents (the record ofwhat was said in the trial court and the documentsfrom the trial court) it shows that the court did not d0 0r refused to d0 this: D Check here zfyou need more space t0 describe the reasonfor your petition and attach a separate page orpages describing it. At the lop ofeach page, write “APP-151, item 1 Oa. ” The trial court has done something that the law says the court cannot or must not d0. Describe what the trial court did: See Attachment "APPJS 1 , Item 10b, 100'" Identifiz where in the supporting documents (the record ofwhat was said in the trial court and the documentsfi‘om the trial court) it Shows that the court did this: Attached t0 this Petition for Writ [denigfi/ the law (the section offhe Constitution 0r statute, published court decision, 0r other legal authorily) that says the trial court cannot 0r must not d0 this: See Attachment "APP-ISI, Item 10b, lOc" E Check here {fyou need more space t0 describe the reasonfor your petition and attach a separate page 0rpages describing it. At the top ofeach page, write “APP-I51, item 10b. " The trial coun has performed or said it is going to perform ajudicial function (like deciding a person’s rights under law in a particular situation) in a way the court does not have the legal power to do. Describe what the trial court did 0r said it is going ta d0: See Attachment "APP-15 1 , Item 10b, 106" Identify where in the supporting documents (the record ofwhar was said in the trial court and the documentsfiom the trial court) it shows that the court did or said it was going t0 d0 this: Attached t0 this Petition for Writ Revised January 1, 2017 petition for writ APP-151 , Page 4 of 7 (Misdemeanor, Infraction, or Limited Civil Case) a 21AP002757 Appenate Division Appellate Division Case Number: Case Name: MCGRADY v. SUPERIOR COURT (continued) (3) Identify the law (the section ofthe Constitution or statute, published court decision, or other legal authority) that says the trial court does not have the power to d0 (his: See Attachment ”APP-ISI, Item 10b, 10c" E Check here ifyou need more space t0 describe this reasonfor your petition and attach a separate page 0r pages describing 1'1. At the top ofeach page, write “APP-151, item 10c. ” D Check here {fthere are more reasonsfbr this petition and attach an additional page 0r pages describing llzese reasons. At the top ofeach page, write "APP-l 51, item 10d. ” ® This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other than by issuing the requested writ. a. Explain why rhere is no way other than through this petitionfor a writ-through an appeal, for example- 0r your arguments t0 be adequatelypresenmd (0 the appellate division." See subsection (b) below. b. Explain how you/your client will be irreparabl'y harmed {flhe appellate division does n0! issue the writ you are requesting: If a writ does not issue, my client could be held in contempt and punished for contempt. My client would be forced to try to obtain possession of firearms from a third party who is not subject to the court's jurisdiction in order to attempt to transfer them t0 [aw enforcement. My client cannot sell the firearms as he is n0 longer the registered owner. If my client were somehow able to tum the firearms into law enforcement, he would be subject to storage fees that would not be refundable on appeal. Order You Are Asking the Appellate Division to Make ® I request that this court (check andfiu m a1! that apply.- a. order the trial court to d0 the following (describe what, ifanything, you want the trial court t0 be ordered to do): Set aside its order requiring the Petitioner to transfer firearms, that are not in his possession or control, to local law enforcement 0r sell to a licensed gun dealer. b. E order the trial court not t0 do the following (describe what, tfanything, you want the (rial court to be orderedNOT t0 d0): To not require the Petitioner to transfer firearms, that are n0 longer in his possession 0r control. to law enforcement or sell t0 a licensed gun dealer. RWMJWW-m Petition for Writ APP-151- Page 59’ 7 (Misdemeanor, Infraction, or Limited Civil Case) a 21AP002757 McGrady v. Superior Court APP-lSl, Item 10b, 10c On October 8, 2021, Petitioner, Shawn McGrady, transferred eight (8) handguns t0 his mother, Sheryl McGrady, pursuant to Penal Code section 27875. That section allows for a private pany firearms transaction between family members. That section states in pertinent pan: “(a) Section 27545 does not apply to the transfer 0f a firearm by gift 0r other means from one individual to another, if all 0f the following requirements are met: (1) the transfer is infrequent, as defined in section 16730. (2) the transfer is between members of the same immediate family. (3) within thirty (30) days of taking possession 0f the fireann, the person t0 whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession 0f the firearm, how title was obtained and fiom whom, and the description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department. (4) Until January 1, 201 5, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing Janumy 1, 2015, a valid firearm safety certificate for any fireann, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (5) The person receiving the fireaml is 18 years 0r older.” All of the above referenced requirements were met and all eight (8) guns previously owned and in possession 0f Mr. McGrady were officially transferred to his mother 0n October 8, 2021. On October 18 2021, Mr. McGrady was arraigned on a misdemeanor violation of Penal Code section 243(c)(1). The court issued a peaceful contact protective order. (See Snap-Out I attachment). The district attorney inquired whether all guns in Mr. McGrady’s possession had been transferred. Defense counsel provided t0 the court and the district attorney’s office copies of the California Department 0f Justice Bureau 0f Firearms Report 0f Operation ofLaw 0r Intra- Familial Firearm Transaction Reports. The reports were signed by Sheryl McGrady and all dated October 8, 2021. The court put the case over until October 20, 2021 to consider the evidence. On that date, the court ruled that it was satisfied with the transfer 0f owuershjp and the case was set for Readiness Conference 0n November 17, 2021 and Time Not Waived Jury Trial 0n November 22, 2021. On November 17, 2021, the court sua sponte, and without prior notice to defense counsel, reopened the issue regarding the transfer 0f firearms. The court indicated that, pursuant to Code 0f Civil Procedure section 527.85 and Penal Code section 136.2, an individual with a restraining order may only relinquish a firearm by surrendering the firearm to the control of local law enforcement officials, or by selling the firearm t0 a licensed gun dealer. As such, the court ordered Mr. McGrady to surrender the firearms within 48 hours and appear in court on November 19, 2021 at 1:30 pm to show proof. Defense counsel pointed out that Mr. McGrady was n0 longer in possession or control 0f the firearms; he did not have the ability t0 obtain the firearms and comply with the court order. Additionally, defense counsel pointed out that the firearms were properly transferred on October 8, 2021 before Mr. McGrady was subject to a protection order. Defense counsel pointed out, therefore, that Code of Civil Procedure section 527.85 and Penal Code section 136.2 did not apply. Code of Civil Procedure section 527.9(b) states in pertinent part: “Upon the issuance 0f a protective order against a person pursuant to subdivision (a), the court shall order that person to relinquish any firearm in that person’s immediate possession or control, or subject to that person’s immediate possession or control' . . .” Defense counsel pointed out that, 0n October 18, 2021, Mr. McGrady was not in possession or control of a firearm. The court was unpersuaded and, again, ordered that Mr. McGrady turn the firearms that; he was not in possession or control 0f and that were in possession and control of a third party into law enforcement 0r sell t0 a licensed gun dealer. Appenate Division Appellate Division Case Number: Case Name: MCGRADY v. SUPERIOR COURT ® (continued) c. E issue a stay ordering the trial court not to take any further action in this case until this court decides whether to grant or deny this petition (describe below why it is urgent that the trial court nor take anyfitrther action and check the Stay requested box 0n page 1 offhisform): lt is urgent that the court issue a Stay as the trial court's unlawful order requires proof 0f transfer by November 19, 2021 at 1:30 pm. Petitioner has no way of complying with this order. I/My client: (1) D asked the trial court to stay these proceedings, but the trial court denied this request (include in your supporting documents a copy 0fthe trial court ’s order denying your requestfor a stay). (2) E did not ask the trial court to stay these proceedings for the following reasons (describe below whyyou did n0! ask the trial court t0 stay these proceedings): Petitioner did not ask the trial court t0 stay its order as the court set a 48 hour compliance requirement and there was no time to request a stay and get this writ immediately on file. d. E] take other action (describe): e. E grant any additional relief that the appellate division decides is fair and appropriate. Supporting Documents ® Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by rule 8.931(b)(1)(D) ofthe California Rules ofCourt? a. D Yes, a transcript or an official electronic recording 0f what was said in the trial court is attached. b. N0, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement signed under penalty of perjury) (Check (1) or (2): (I) D stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed. (2) E explaining why the transcript or official electronic recording is not available and providing a fair summary of what was said in the trial court, including the petitioner’s arguments and any statement by the trial court supporting its ruling. Rwsedm‘a” 1- 2°” Petition for Writ APP'151- P393 5 0” (Misdemeanor, Infraction, or Limited Civil Case) a Appellate Division . Appellate Division Case Number: Case Name: MCGRADY v. SUPERIOR COURT Are the following documents attached as required by rule 8.93 1(b)(1)(A)-(C): - The trial court ruling being challenged in this petition ° All documents and exhibits submitted to the trial court supporting and opposing the petitioner’s position - Any other documents or portions of documents submitted 10 the trial court that are necessary for a complete understanding of the case and the ruling being challenged? (Check a 0r b): a. E Yes, these documents are attached. b. U No, these documents are not attached for the following reasons (explain why these documents are not attached and give afair summary ofthe substance ofthese documents. Note that rule 8.931 provides that, in extraordinary circumstances, the petition may befiled wilhou! these documents, but the petitioner mus! explain the urgency and the circumstances making (he documents unavailable): Verification I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DatezN0vember 17, 2021 BRUCE C. FUNK ’ ‘ Type orprim your name Signature ofpelitioner 0r attorney )WWW“ 1- 2°” Petition for Writ AF’P’151- Page 7 0‘7 (Misdemeanor, Infraction, or Limited Civil Case) 0005-10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE C. FUNK (CSBN 122340) Law Office of Bruce C. Funk 46 W. Santa Clara Street San Jose, California 951 13 Telephone: (408) 280-6488 Facsimile: (408) 286-3139 NOV 18 2021 Clerk of the CourtSu n'or Co n of CA Coanta y o! Santa Ciara80EPUW SUPERIOR COURT OF CALIFORNIA Attorney for Petitioner COUNTY 0F SANTA CLARA SHAWN MCGRADY, CASE NO.: Petitioner, DECLARATION OF BRUCE C. FUNK IN SUPPORT OF PETITION FOR v. WRIT AND REQUEST FOR STAY SUPERIOR COURT, Respondent. I, Bruce C. Funk, do declare: 1. I am an attorney licensed to practice law before all courts in the state of California. I am the attorney of record for the Petitioner/Defendant in the above-refercnced matter. 2. Attached as an exhibit t0 the Petition for Writ is the October 18, 2021 coun snap- out establishing the date that the Peaceful Contact Restraining Order was issued against my client. 3. Attached as an exhibit t0 the Petition for Writ is the October 20, 2021 Court Snap-Out establishing that the court was satisfied that the guns had been transferred. 4. Attached as an exhibit to this petition are copies of the California Department of Justice Bureau of Firearms Report 0f Operation 0fLaw or Intra-Familial Firearm Transaction dated October 8, 2021. These documents were submitted to the court 0n October 18, 2021 and -1- DECLARATION OF BRUCE C. FUNK IN SUPPORT OF PETITION FOR WRIT AND REQUEST FOR STAY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0n October 20, 2021. 5. Due to time constraints, I have not yet ordered any transcripts of the relevant court appearances. If the court issues a stay, I will promptly order any transcripts 0f hearings that are available. 6. The infonnation contained in the verified Petition for Writ is a fair and accurate summary of what occurred between court and counsel regarding the transfer 0f firearms in this case. I declare under penalty of perjury under the laws 0f the state of California that the foregoing is true and correct. Executed this 17th day ofNovember 2021, in San Jose, California. Brche C.FWey for Petl 'oner -2- DECLARATION OF BRUCE C. FUNK IN SUPPORT OF PETITION FOR WRIT AND REQUEST FOR STAY ATTACHMENT SUPPORTING DOCUMENTS 9 HALLOF Jusnca ' E’éfiE ”0‘ , mmfio ' 190w HEBDING I , ' 21020312 PEOPLE VS SAN JOSE CA 95110 DATE 1011mm ‘ 123959??? 43 ' ' ‘ MCGRADY SHAWN MICHAEL 722N978 CA _, 34531725 ‘ CDY BK: N L.K.A‘ I I 203 mVER ST , Reggfixcany; Rodriguez,Yum DMY‘SO’B M ~ L08 GQTOS CA. 95032 ‘ ' -' ARRNGNMENT: CUMPLNNT » How. Goat). JOHNNY c. - ' HEAR'NG Lamssm c144 umJUDGE PW®RWA i, STfizTaE’fi. Jail syam BOND POSTED $10.039%REPORTERJ’ER gruuj 1W3, A C \‘7 If" Wamdmm Vic; Dr w17m1DEF. Am. ‘ I_ D.A. .V Of“). 6". APO I 'r x I V I d <3CHARGES v ' ‘ 7 . ‘1' L {NR W‘v . umpcmswmm » . 3‘9 (D M \f O "- A73 ~‘. :‘v‘ «L Whey NEXTAPPEARANCE HAfi. ‘3 \ (‘1' mm l1 ’2’} . n r“ ”J ’3 3 Ox - rm: fl, ’} AE Defendant Present DNot'Presenl D A'p‘p. 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REDUCE D T0 PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED [j STATUS REMAINS nIC'I-DIDI I'I‘IAM. ADIPIMAI EH C DDEEM th DI III: r\ Ilh I nnn nl vnnl l: nnr‘sDA'rler nnfuum nrn-rfmr-sAu-I- ; 1 I .u H , N‘OT‘Icg To RROBATIONER Tfioroleghly férhiliarize‘y’our‘selfxw'lh the cofiaitions of your’Pr'oli'ation, as a vioration of any o! the terms ma'y render you liabte‘lo' the following penalties However if you faithfully perform your duties dunng your probationary period you are entitled to the privileges hereinafter se1 forth See Section 1203 of the California Penal Code. THE DEFENDANT: 1. - Shall immediately upon hIs/her release from custody, if placed on Forma! Probation ’ report in person lo the Probation Department o! lhe County of Santa Clara and furnish such information regarding his/her self a's may be requested The defendant shall ' whi1e under Probation. remain in the custody of the Probation Officer and shaH repod in person to the Probation Officer once each month or as otherwise directed 2. Shall advise the Probation Officer of prace of residence at all [imes' and shall not leave or move from the County Dr‘State 0f residence without prior approval of the Probation - Officer. ’ r 'Shall seek and obtain employment as approved by the Probation Officer. _ Shall while on either court or formaf probation, conduct his/her self honestly: obey all laws ancj rules. ordgrs and regulaliqgs of the Coufl aqd/or Probation Officer P.“ FURTHER CONDITIONS PURSUANT TO VCZSGOO: ' :flrh‘i 1§hall nghdrive apy vehicle with any amount of alcohoI/drugs In his/her body or bloqd ‘2 Shallnot refuse to submit to chemical test of his/her blood breath or urine ' ' SEaH no't driv‘e any vehicle without tiability'Insurance and shall provide propf of . . -' :{insurancecif requested to do so by a Peace Officer 4. Sham not commit any criminal offenseand shall obey all laws PRIVILEGES: You have the right to have your 'record cleared which means that under the following conditions you have the right to withdraw your plea of guilty or noio contendere 0r have a verdict oflfinding of guilt set aside and to then enter a plea of not guilty and have the Couri dismiss the charge(s) against you and release you from-any further penalties and disabilities resulting from the within _scharge( ) ' ‘ ‘ . 1'. At the conclusion of your Probationary period (Formal 0r Court Probation) if you ‘ have ath_erwisé complied with all orders of Court and if there are no charges pending against you (PC1203 4) 2. After one year has elapsed following the pronouncement ofjudgmenl ”If you have nm been placed on Probation and if you have otherwise led a good and lawful life apd [here are nol charges pending against you 1PC1203.4 (3)] ' EXCEPT that‘said 0ffense(s) can be charged against you as a p'rior conviction in the case of any criminal proceedings which ‘may be charged againsl you al a later date and except further that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege t0 drive a motor vehicle where appropriate [PC1203 4 1203.4(8)and VC13555} I To apply for_a record clearancejn all the abov_e instances, you must contact the Santa Clara County Probation Office at (408) 435-2061. . Any person convicted of a fe1ony, the ac'cusatory pleading of which has been dismissed pursuant to Section 1203 4 of the Penal Codé may file a Petition for C‘ertificaxe 0f Rehabilitation and Pardon provided that he/she 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'In California prior to the filing of a Petition. ’ I PENALTIES: At any time during your Probationary term any Probation Officer may with or without a warrant re-arrest you and bring you before the Court and if said Court determines that you have violated any of the lerms of your Probation, have engaged In any criminal practice, or have any criminal associations it may revoke and terminate your Probation and without any further hearing pronounce judgment of imprisonment and deliver you over t0 the proper officers to serve your sentence‘ as if Probation had never been granted. I 1. «2... ‘~ I 3|": AD- Auernate Defender l f ACT- Actual ‘ ‘y _’ AddH- Additional x . " Adm/AF- Admonltion of Ally Fees ADV- Advised AEF- Alcoho1 Education Feel' ' APO- Adult Probation Office App« Appearancé Appr- Approved Appt- Appointmerit AR- Accounts Receivabie Arr Arraigned ‘ » , A'I'I'Y- Altorney ' H ‘ Attach! pg- Aflachmenl page BAL- Balance ' r BW- BenchWarrant “' ' Cal ~ Calendar - _ CAP - Cémmunity Alternative - Program , DRF- Diversion Restitution Fee CDCR- Calif Dept of Corrections 8. Rehabilitation CJ- County Jail CJAF- Criminal Justice Admin Fee COM- Courts Own Mollon . , Comm- Commissioner Conc- Co'ncun'ent ‘ Cond, - Condilion Con Dec- Conflict Declared , Consec - Consecutive 1 COP - Change 0f Plea' CPP - Crime Preventiori Program Crimi Cfiminaf Crt Court A J ‘CT- CourtTrial , CTS- Credit for Time Served Decl- Declared Def- Defendant DEJ Deferred Entry of Judgment DTAC- Dept ofTax and Cal1ectlan DPF- Drug Program Fee ‘ DSA- Defendanls Statement 0f Assets ‘ DV- Domestic \folence r“ DVPO Domestic \fiolence Prmective Order . . DOC DeptofCorrection- - ‘ DL- Driver s License EDUC- Education ‘ t EMAT-Emerg Mediwl Airy Transportation EMP- Electronic Monitoring Program Enhs - Enhancements I ERC- Early Resolution Calendar v ' EXT- Extended FAR- Felony Advance Resolution 'FOP‘ Furst Offender Program FSF - Future Serious Felony . GEN- General Hrs- Hours HTO- Habitual Traffic Offender lCiN- ConvichonAssessment Infraction ICMF A Conviclion Assessment MisdJFelony lDC - Idemificallon of Counsel IID ~ Ignition Interlock‘Device lmmig -lmmigrafion lns- Insurance JAC-Jail Assessmenl Coordinator MDA - Motion by District Attorney Misd - Misdemeanor . Mod 7 Modification MOP - Multiple Offender Program Mo‘s - Months MTN- Motion MS ~ Mandatory Supervision Ne - Nm Guilty NGBR] - N01 Gullty By Reason of Insanity NP-No Programs NTE- No! TD Exceed OR - Own Recognizance 0RD - Ordered . PIiNV - Presenlence lnvestigafion Fee PA- Penally Assessment. ‘ PD - Public Defender Pen - Penalty Peo- Peopfe Pel- Petition '. PO Protecliva Order . ,-' PRCS- Post Release Community Supervision Prob- Probation ' Pmc - Proceedlng ‘ PS'et - Preliminary Sqlting PSUP- Probation Supervision Fee PTC m Pretrial Confere nce‘ Pur - Pursuant Rect » Recelpl Ref‘d - Referred . z - Reg - Register (Rein - Reinstated RCP- Regimenled Corrections Program Rpt - Report Rptr - Reporter Res1r'd - Restricted Restil - Restilution Rmv'd- Removed Rvk d- Revoked SAP- Sentencing Ahernative Program u. SIB MTC Slandby Master Trial ' Calendar ‘ SCIT-Shen‘rf Citation SECA- Coun Secumy Fee Sent - Sentenced SORP ~Supervised OR Stip- Stipulates Susp- Suspended . , Subi‘n Submitted '- SUTS Subslance Use Treatment Services Termd- Terminated TNW Time NolWavived Trng - Training ' TW- TIme Waived . TW/WD- Time Waiver Withdrawn ' Voc Vocational VOP- Violation ofProbaiion * ‘Wav- Waived WP- Written Promise - WWP Weekend Work Program Yrs - Years l l * 2 HAM. OF JUSTBCE CASE No. .m‘fl 13110 \g: f\ 190W.HEDDENG CEN 21020312 C“ SANWJose memo TE 10/20 , m1 ?.maglggT 43 ,pEopLevs MCGR'ADY SHAWN MICHAEL 7/22;1§fa CA B4531 coy BK: N LKA 2133 DOVER 8'r 000W; Roddgmz, Yum! DMYEM M L08 GATOS CA, 95032 CLERK i \ Lfi cu; NV” HI (-. HEARING: OTHER ”ON.GO®, JOHNNY C. HEARING LGMSO76€C144“ URA Lj- C C’D JUDGE GWZTBARW $u;\£ d “ \O IVfi-C, STEM?m mm BOND POSTED $10. 3W REPORTEWER FUNK, BRUCE C. Wflmmmt mot a17f2021 DEF.A1TY. 11A. cw,“M APO LO -\ ”L (j; '_ CHARGES um P0243(E){1)M “x "u .A. g j cm m. NEXTAPPEARANcErx- x \x. ’I'm “:1 G- Ix m '] Ix x‘Na‘ ..-..(. oimpx h \-\ 110. n a HA}. Q‘Defendant Present D Not Present D App Wav .EvAtty Presenlhhw r. ‘fi KD/PD) IDOISpecial App/General D Arr'd D Adv D Arr Wav D Amend Comp/lnlo D Arr D Plea D IDC”D PTC D Prob I Senl D lnlerpreler D Sworn U P0977 D Filed D On File U Reptr. Adv/Wav D NG D Entered by CRT D NGBRI / Adv D Bail! OR! SORP D Recl Dr Rpl D FAR/ ERC D Bail Apply U Balance Exoneraled D PSet D Prelim D Readiness D SIB MTC D Bail Exonerated D Forfeited Bond# {D Denies pfiors I‘Allegationsl Enhancemenis lRefusal”4DM DTNW D TWIWD DTWSenlence DOD Rer/Appx PDIADI IDO D Con Decl D Adm NFlfl Relieved Appl'd jU Hrg on Mtn/Pel. /D Granted U Denied D Submitted D Off Cal :JD Stip to Comm D Drs. Appointed 0 D Prelim Wav U Certified lo General Jurisdiction D MDA l COM Amended l0 U Rel‘d D APO I SUTS/ Prop 36 D VOP D Crim Proc Susp D Reln D S fl Subm on Report D Found D Max Term D Doubt Decl Pur PC 1368 D Capacity YeslNo D Committed U Further D Jury D CT D Peol DefWav Jury U Reassumpiion Filed D Forfeilure Set As1de D Ban Rein D S Costs Within 30 Days to Court SORP/OR D Revoked D Reinstaled U BW Ordered $ D Stayed D To Issue U No Cite ReleaselSCIT U No Request D Cash Only BW E] SelAside D Recalled D Remain Out Hrg talus Hrg El Amended to D (M)vcza103(a)fvc12500(a) D Purv023103.5 D DA Stmt Fi PLEA Conditions: D None D No Slate Prison D PC17after1 Yr Prob D Includes V D Jail l Prison Term of ~ DProofol {'HXXXJ ?"k \-' / nvur T trrx l-xl- (' ml HA’\ V \ - _ . -\ ;\ ‘-\_ - . \- IJ Other: I “(31-f r.\ . ¥ (" ', s ~-5 ~ u-r‘xl-VV. OP m f' (' .«r' \ 1-H \Jlx, ~ U Add to blal D oacale pendlng date D Dismissal l Striking D Subm time of Sent D Harvey Slip D Adv Max Pen f Parole! Prob Ilmmig [Appeal D Reg H811590/PC2901PC457JIPC186.30 D FSF U Fines/Fees D P029800f29805l30305 I’D BOF1022/CR210 U Wav Righlto D Counsel D Cour1/Jury Trfal U Subpoena I Confront! Examine Wilnesses D Self-incn‘minalion D Written Waiver filed D PIealAbsentja fired D COP D GUILTY D NOLO CONTENDERE lo charges 8 admils enhancemenls/allegalions I priors D P817 U Arbuckle D Factual Basis round D Findings slaled D Prop 36 Granted l Unamenabre/ Refused I Term D YA-DEJ Eligib Fired D PDPNA- D Wa'rves ReferTal D APO Full Rpl D CR1 10 Issued D Sent Suspended D PROBATION DENIED PROBATION D Execution D Imposition of sentence suspended for probation period U COURT D FORMAL PROBATION GRANTED FOR Days lMos f Yrs . D Report to APO/PTS wilhin Days E] Terminated D Upon Release D Perfénn Hrs VolunteerWork as directed APO I SAP lCAP D in lieu of fineJJail D Not drivie w/o valid DL 8. Ins D Adv V023600 D HTO D MOP D FOP D 12 hrs D 3 mos D 9 mos Enro1lw1‘Lhin days D Re-refer D DL Susp I Restfd f Rvk'd for U rID Not I Ordered l Rmv'd Term Yrs D No contact with victim or family! co-defs unless appr by APO D P0120205 D DVPO issued l mod I term'd Exp D Wctim Present U N0 Contact D Peaceful Contact DDSA thru APOI DTAC I CRT D Filed D Notownlpossess deadly weapons D Disposeylretum weapon D Stay away from _D Submit Search I Testing D Edch‘Voc leglErnpl D No alcohol! drugs or where sold D Substance Abuse, Psych. Thefl, Anger Mgmt, DV. Parenting cnsl l prgm D P0296 (DNA) D P012021 H1v Tesu Education VOPIPRCSIMS: D Wav D Arr'd D AdmitstenI'es W0] D Court Finds VOP I N0 VOP ProbeS/PRCS Rein/ Mod f Tenn'd f Revoked/ Remains Revoked I Ext lo D Original Terms & Conditions Except as Amended herein D Obey All Laws D C&terminous with D No Funher Penalties I Reviews Other: JAIUPRJSON D See Attach! Pg D CDCFUParoIe culled reslit from Def‘s Earnings D Couni FIM Violallon Prison Term I Yrs Yrs/S Enhancement Yrs’S Enhancement YrslS | | l CTS = ACT + D PC4019 D V2 D 1/3 D P029331 = D SLraigthlme D WWP PC1209 Fees D Waived U Court Rec D Sent Deemed Served D Rpt to Parole wfln_ D AdvIORD D Ba1 CJ Susp U AI] bul U Preprocess Enhancement AMIPM U Slay f Surrender l Transport lo DEJ Granted I Rein l Term Fee $ D Atty concur w/pfea admission FlNES/FEES: D Rpl DTAC D w/I 30 days D of release Pay to: D Court/ Today D Audit # COUNT $ + P A $ COUNT s + P A $ D Pur P0290.3 AIDS I CPP S + P A $ U Pur P012025 DPF $ + P A $ EMAT $ LAB _ 1‘5 + P A $ DRF I RF $ Add'l RF $ SUSp P01 202.44M5 AEF S Original' Fine S th SECA S CTS PCZBDU.5 3 I BB a prkICMF S TOTAL DUE ICIN S Paymenls Granted I$Modifiefi¥co0m“ ig a jUdg AR S $ [Mobeginning- SHELTER S FINE STAYED DV S Commified @ S lday D May Pay Oul ATTY S ConsedConc l0 S Fine! Fees D Deemed Salisfied D Commuted PIINVEST S D PISUP S [Mo D Waived D CJAF 512975525950 S U Addl'l FEE waived D SECA. ICMF. ICIN, CJAF, PINVEST, PSUP FEES NOT COND. OF PROB D Restitution D Gen S lo D Restitution as determined by Coud D Collécl Civilly U ReslilAdmin Fee Waived County Jail HRS I DAYS! MOS D Restit Admin Fee NTE 15% of total Blend Sentence D Dress out for Trlal UShower DHaIrcut Enhancement/ Priors Yrs/ fSlrkn Enhancement YrsIS Enhancement Yrs/S Tolal Total Total Term CDCRI PC 1170hr’CJ AH I Except U EMPIPSPIERPIRCPM’WPIIN CAMPINP Yrs/Mos ParolelMS/PRCS/Appeal Righls D Consec D Conc lo Hrs/Days/MoszRS D On 00nd Complele Residential Treatmenl Prgm U Serve Consec MOI'I'UIWEITl-UFRJSAISU @ AM/PM or Sooner D REMANDED-BAIL S D REMAIN As SET D N0 BAIL U COMMITTED D RELEASED E! 0R El SORP D JAC PHONEASSM'T D P36 D As COND 0F SORP D BAIL [NCREASE/ REDUCE U T0 PRGM As REC BY JAc-Doc To ARRANGE TRANSPORT UPON AVAIL BED D STATUS REMAIN NOTICE To PROBATION‘ER Thoroughly familiarize yourself with the conditions of your Probation. as a violation of any of lhe terms may render you liable to the foilowing penalties, Howeyer, if you railhfuuy perform your duties during your probationary period you are enlilted to [he privileges hereinafler set forth. See Section 1203 of the California Penal Code. THE DEFENDANT: Shall immediately upon his/her release from custody if placed on Forma! Probation report in person to the Probation Department of the County 0f Santa Clata and furnish such information regarding hislher self as may be requestedf‘l’he defendant shall; whlle under Probation. remain in the custody of the Probation Officer and shall repori in person to the Probation Officer once each month or as otherwise directed 2. _ Shall advise the Probation Officer of pléce of residence at all times and shall not leave or move from the County or State of residence without prior approval of the Probation Officer 3. Shall seek and obtain employment as approved by the Probation Officer. 4, Shall while on either court or formal probation conduct his/her self hpneslly; obey all laws and rules. orders and regulations of the Court and/or Erobation Officer. FURTHER CONDITIONS PURSUANT TO VCZSSOU: ' - 1. Shall not drive any vehicle with any amount of alcohohfdrugs In his/her body or blood. 2. Shall not refuse to submit to chemical lest 0f hislher blood breath or urine. 3. Shall n01 drive any vehicle withoui liability Insurance ahd shall provide proof ofi insurance if requested to do so by a Peace Officer 4. Shall not commit any cnminal offense and shall obey all laws, PRIVILEGES: You have the right to have your “record cleared" which means that under [he ‘ following conditions you have the right lo withdraw your plea of guilty or nolo contenderelor have a verdict of finding of guilt set aside and to then enter a plea of not guilty and have [he Court dismiss the chargeKs) against you and release you from ahy fufiher'penallies and disabilities resulting from the within charge(s). 1.‘ At the conclusion of your,F?robationary period (Formal or Court Probation) if you- h'ave otherwise cdmplied with all orders of Court and if there are no chagges pending against you (PC1203. 4) - l, . 2‘ After one year has elapsed following the pronouncement of judgment if you have not been placed on Probation and if you have otherwise led a good and [awful life and there are not charges pending agafrlst you [PC1203.4 (an EXCEPT that said offense{s)can be bhérged against ydu a5 a pri'or counvictl'on in the case of a w w. -any crimian proceedings which may be charged against you at a rater date and excepl fudher’that such (prior conviction) shall be constdered a conviction for the purpose of ~i " -' krevokih'g‘orsuspending your privilege t0 drive a motor vehicle where appropriate [PC12034 _ 5},1203.4(a) Bnq VC13555] To apply for a record clearance in ali the above instances, you must contact the Sahta Clara County Probation Office at (408) 435-2061. \ Any person convicted of a felony, the accusatory’pleading of which has been dismissed pursuant lo Sec'tion 1203.4 ofthe Penal Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that helshe has not been incarcerated since the dismissal of accusatory preading. is not'on Probation for the commission of any okher felony. and presems satisfacfiory evidence of three years residence in California prior to the firing of a Petition. ‘ ‘ , PENALTIES: ‘ At any lime during your Probationary term any Probation Officer may with or without a warrant re-arresl you and bring you before lhe Court. and if said Court determines that you have violated any of the terms of your Probalion. have engaged in any criminal practice, or have any criminal associations, J'l may revoke and terminate your Probation, and without any further hearing pronounce judgment of imprisonment and deliver you over lo the proper officers lo serve your se'ntence. as if Probation had never been granted. AD - AJlemaIe Defender ACT- Actual Addt'l - Additional “ , Adm/AF - Admonition bf Atly Fees ADV - Advised AEF - Alcohol Education Fee APO - Adult Probation Office App- Appearance Appr- Approved Appl - Appointment AR - Accounts Receivable An - Arraigned A'I'I'Y- Altorney Attachl pg- Amachment page BAL - Balance BW - Bench Warrant Cai- Calendar u ’ CAP- CommunltyAllernative Program CDCR- Calif Dept of Corrections 8 Rehabilitation CJ- County Jail CJAF - Criminal Justice Admin Fee COM ~ Courts Own Motion Comm- Cbmmissioner Cunc ~ Concurrent ~ Cond. - Condwlion Con Dec - Conflict Declared Consec - Consecutive COP - Change of Plea CPP- Cn’me Prevamion Program Cnrn Criminal > Cfl- Coun ‘1 ‘ 7 ’ CT- Court Trial ‘ CTS - Credit [or Time Served Deal - Declared Def- Defendant DEJ - Deferred Entry of Judgmenk DTAC - Dept 01' Tax and Collection DPF ’- Drug Program Fee DRF - Diversion Res‘itution Fee DSA - Defendants Sfiatement of Assets DV- Domestic Violence DVPO- Domestic Violence Protective Order . DOC-Depl of Correction DL- Driver's License EDUO Edflcation, EMAT-Emerg Medical Air Transportation - ~ EMP- Electronic Monitoring Program Enhs - Enhancements ERC- Early Resolution Ca‘endar EXT- Extended FAR- Feiony Advance Resolution FOP- First Offender Program FSF - Future Serious Felony GEN- General Hrs - Hours - ~ HTO - Habitual Traific Offender ICIN - Conviciion Assessment Infraclion ICMF- Conviélion Assessment ‘ Misd {Felony x IDC- Identification of Counsel IID- Ignition Interlock Device Immig - lmmigratjon‘ Ins - Insurance JAC-Jail Assessment Coordinalor MDA - Motion by District Atlomey' Miad - Misdemeanor Mod- Modification MOP- Multipte OHender Program Mos - Months MTN- Motion MS - Mandatory Supervision NG - N01 Guilty NGBRI - Not Guilty By Reason of Insanity NP-No Programs NTE- N01 To Exceed 0R - Own Recognizance 0RD - Ordered PHNV - Prasentence ’ Investigafion Fee PA - Penalty Assessment PD - Public Defender Pen - Penalty Peo- People Pet- Pemion PO Protective Order PRCS- Post Release Community Supervision Prob- Probation Proc - Proceeding P891 - Preliminary Setting PSUP- Probation Supervision Fee PTC - Ffretrial Conference Pur ~ Pursuant Roct » Receipt Refd - Referred Reg - Regi'sier Rein - Reinstated RCP-, Regimemed Corrections Program Rpl - Report Rplr- Reporter Restr'd - Restricted Restil - Restitution Rmv’d- Remuved Rvk‘d - Revoked SAP - Sentencing Altemah've ' Program , ~SIB MTC - Standby Master Trial Calendar V . SClT-Sheriff Citation SEGA ~ Coufl Security Fee. Sent - Sentenced fl SORP #Supervised OR ASlip - Stipulates Susp - Suspended Subm- Submitted _ ‘ SUTS~ s'ubslance Use Treatment 'Services ' u Term d- Termlnated TNW- Tlrne Not Waived Trng -.Train|ng TW - Time Waived 'TWNVD H Tlme Waiver Withdrawnr Voc - Vocationai VOP - Violation of Probation Wav- Waived WP- Written Promise V WWP- Weekend Work Program Yrs - Years _ru lT'rr:'~-’- 1.1151“ 3- J SAN" A.'J_\'mel Emormation f r‘h’Sl \:?‘m *1 n. hdmlP h 1m“. n -55’ 3397'}: . . £33m) E Sheryl r Lynn McGrady Alias Firs. Mm. {Haw} 'A-‘ias whu‘mc. F-i e” Lad Ham.” Sheny vResic‘encewswlklififiirEsT _"_' M K"WM >7 A- w" “_ 76:1}? ‘ l ,1 504 Cume Dr. L San Jose CA 95123 Mailing Address (El diffemm): ’0;th; 38:6; .ch ‘Dale 07' Bi.”sh (mimldolyyg y}: ate dbmh ei? éro country: i'Gandar: ’F‘nrgne No iindude area Code): 1 F | (408) 221 407509/2211 953 E IL .Zenship: .’Us. -'- Yes hi nn, enim Afien r-‘zec':::r_ ai‘son N3. 3r l-94 NC; ?*Cnumry a 'SiImen? 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