By Simran Chahal
SACRAMENTO, CA – Judge Patrick Marlette in Sacramento County Superior Court Monday refused to postpone Antonio Guiza Ramerez’ sentencing so he could attend his child’s birth so Ramerez withdrew his plea and the case is continuing.
When the judge did that, Ramerez refused to plea and the case – thought to be over – continues.
In March of this year, Ramerez was charged with a gun offense and possession of “methamphetamine for personal use.” He was released on $50,000 bail.
Then, in July, Ramerez was arrested for allegedly evading a peace officer and possession of “methamphetamines with the intent to sell.” He was released, again, after posting bail on those counts. In August, he was arrested for possession of “methamphetamine with the intent to sell.”
Deputy Public Defender Samantha Ting stated Ramerez was willing to accept the district attorney’s offer of “an aggregate sentence of two years and eight months” under the request of a “Cruz waiver” – which allows for postponement of sentencing with a plea – so he can be present at his child’s birth.
“He desperately wants to be there for the birth of his child,” said Ting. Ramerez said he would need about a month from the court before coming back for the sentencing as agreed.
Deputy District Attorney Colin Stephenson noted that “if the court is comfortable, then it is only detrimental to the defendant if he does not show back up.”
However, Judge Marlette flatly stated, “I’m not going to do that.”
He reviewed out aloud the defendant’s previous charges since March of this year, commenting that “all that time, he knew his significant other was pregnant and he risked all this money posted on bail in order to allegedly commit this new offense.”
After the judge’s decision, Ting tried to make a bail motion, stating that she has the necessary documents to be re-heard on bail. But the judge denied the motion, stating that “even if [the defendant] had a good, legitimate source, I still would not grant him bail.”
In response, Ting moved forward by entering a not guilty plea and the case, instead of being over, reconvenes on Nov. 2 at 8:30 a.m. for the preliminary hearing.
