By Alexa Kendell and Lois Yoo
FRESNO, CA — Defendant Noel Oronia, a young man who struggles with substance abuse issues, was sentenced in Fresno County Superior Court Tuesday to a three-year term in prison with his probation revoked because of violating probation numerous times.
Oronia’s probation hearing was his third violation of probation. He also currently has one series of violations that arose from his failure to appear in court in Kings County.
Oronia’s assistant public defender, Earl Horner, attempted to ask for his out of county allegations to be dismissed and re-alleged at a later date, so that Oronia could admit to his failure to appear in court. This would then allow the Fresno courts to bring Oronia back for review once he handles his cases with Kings County.
Deputy District Attorney Samantha Dukes stated, “I would be willing to dismiss those failed-to-obey all new law violations, withdraw them without prejudice, and fail to refrain from using or possessing drugs on those dates listed, withdrawing that without prejudice as well.”
Oronia immediately followed up with admitting to his failure to show up to court on multiple dates.
However, Judge Gary Hoff informed Oronia that it was already recommended his probation be denied and for him to be sent straight to prison.
To Oronia’s defense, PD Horner claimed, “It’s clear that Mr. Oronia has a very serious issue with substances.”
He explained that Oronia had actually tried to turn himself in to an inpatient program in San Francisco during April, but was put onto the waitlist. Oronia could not enter the program to receive treatment because of his various warrants.
So instead, he went to live with his mother in Fresno County and contacted probation from there. Horner claimed that that was when Oronia was taken by probation.
Horner appealed to Oronia’s attempt to get help for himself, “I think that shows that he’s trying to deal with this substance abuse issue, however imperfectly.”
Horner continued to vouch for his client, “I think that the court could find that Mr. Oronia really does need treatment and getting him into a program would be best. The problem here is that most programs probably wouldn’t take individuals who have a warrant.”
“At some point people lose their free will to a certain extent when it comes to the issue of using and controlling one’s behavior about drugs, and that’s why treatment is so important,” the PD added.
If the court were to deny Oronia the opportunity to attend a treatment center rather than be sentenced to a state prison, Horner asked the court to “consider imposing the mitigated [term] of two years, rather than the middle term of three years.” Furthermore, Horner asked for probation to be reinstated, and that credit be given for time served.
DDA Dukes was then asked by Judge Hoff for comments surrounding the matter. She argued that Oronia is not a good candidate for probation considering this is his third violation of probation. Dukes also recommended that Oronia be sentenced to the middle term of three years, rather than two.
Additional comments from the Deputy Probation Officer, Antonio Herrara, further supported Dukes’ argument. He suggested the numerous violations and a chance to receive treatment while incarcerated, was smart, noting, “I believe the three years is an appropriate recommendation.”
Judge Hoff concluded by deciding that probation was to be revoked and agreeing “he is no longer a candidate for probation.”
Judge Hoff agreed to give him time for credit served to acknowledge the certain efforts he has made, but added that “the efforts have fallen short in what is needed in this case. Therefore, probation will not be reinstated in this matter. The court finds that the middle term is the appropriate term for the felony offense.”
Alexa Kendell is a 3rd year Political Science major at the University of California, Davis. She has a passion for political science and hopes to attend law school following her undergrad.
Lois Yoo is a third year at UC Berkeley and is originally from Los Angeles, California.
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