WOODLAND, CA- The prosecution objected to an accused’s plea and argued the defense was “cherry-picking,” this Tuesday morning at Yolo County Superior Court.
However, despite these arguments, the judge ultimately sided with the defense and a trial began.
An accused is facing four misdemeanor charges: driving under the influence (DUI), drunk driving, battery on peace officer/emergency personnel/etc., and resisting/obstructing public officer. The accused is also facing two enhancements for excessive blood alcohol or refusal and an infraction for possession of an open container while driving.
The accused, represented by Deputy Public Defender Kumar Sankara, was present in court Tuesday morning for the jury trial.
Judge Catherine Hohenwarter started the hearing by confirming the details of the case, including that the accused would submit a plea on certain counts and proceed with trial on counts three and four.
Deputy District Attorney Aloysius Patchen suggested a court trial for counts three and four for convenience.
DPD Sankara objected to that suggestion, as Judge Hohenwarter confirmed to the accused he had the right to a jury trial. After initials, signatures, and components of the plea were reviewed by Judge Hohenwarter the prosecution objected to this open plea.
DDA Patchen stated it was clear they were present for a DUI trial and an open plea seemed an attempt by the defense to change the prosecution’s strategy for the trial and slow down the trial itself.
DDA Patchen stated, “I don’t agree with the plea…I am objecting (to) the plea.”
Judge Hohenwarter asked Patchen, “Is there a legal basis to object…other than making your trial prep harder?”
DDA Patchen responded to the judge, citing this was a case of “cherry-picking” of the counts the defense was willing to plead to, which, the DDA added, was “inappropriate.”
Judge Hohenwarter said it might be inappropriate, but not illegal. Judge Hohenwarter added the court would grant whichever counts the accused wanted to plead on, and accept the plea.
Judge Hohenwarter agreed the prosecution’s motions were “pretty standard.”
DDA Patchen addressed the court, stating they would be entering evidence from the officers pulling over the accused where he pleaded to the DUI.
There was no objection from the defense and Judge Hohenwarter added this evidence was relevant to counts three and four.
The jury was then called and jury selection commenced, and the trial will reconvene Wednesday.
