SAN JOSE, Calif. — On Wednesday in Santa Clara County Superior Court, Judge Robert Hawk delayed sentencing a man who pleaded guilty to retail theft, citing violations of his probation.
Supervising Deputy District Attorney Edward Liang objected to Judge Hawk’s indication that he was inclined to release the man on probation.
The accused had pleaded guilty to participating in a series of thefts from more than 200 Home Depot stores across the Bay Area, totaling more than $90,000, according to Kris Sanchez of NBC Bay Area. Although the prosecution sought a prison sentence, Judge Hawk initially granted probation.
The District Attorney’s Office filed a motion for reconsideration, which Judge Hawk said he reviewed along with the full probation report and information regarding the accused’s probation violation.
“I am not prepared to go forward with the original sentence,” Judge Hawk said.
He stated he was now inclined to sentence the accused to one year in county jail for the probation violation, with 364 consecutive days on his open case.
Judge Hawk added he would suspend the execution of a 10-year sentence for the retail theft conviction and give the accused “a significant second chance to avoid a lengthy prison term.”
An execution of sentence suspended, or ESS, means that if the accused violates probation again, he would serve the full 10-year sentence, which the judge would have no authority to reduce.
Supervising DDA Liang objected to Judge Hawk’s inclination because of the “sheer number” of incidents and the accused’s alleged criminal activity while on probation.
According to Sanchez, the DA’s office is now seeking a five- to six-year prison sentence.
Deputy Public Defender David Oyer requested a continuance to obtain and review the transcript from the accused’s plea hearing.
Outside the courthouse, as the hearing was still underway, District Attorney Jeff Rosen held a press conference demanding prison time for all those accused in the case, James Torres of Fox KTVU reported.
The DA’s office is invoking a new law that allows prosecutors to charge all participants in “organized retail theft rings” in the same county and seek harsher penalties for retail theft, Sanchez wrote.
The sentencing hearing is scheduled to continue Oct. 8 at 9 a.m.
“I’m encouraged that the sentencing will be put off for some time in order for a more appropriate sentence to be given,” Rosen said, according to the Fox KTVU article.
