WOODLAND, Calif. — An unhoused accused facing two counts of petty theft of retail merchandise and one count of unlawful possession of paraphernalia used to inject or smoke encountered further delays in Yolo County Superior Court on Friday after the court denied the defense’s request for a Penal Code section 17(b) reduction and a motion for own-recognizance release.
As an unhoused local resident, the defense acknowledged the accused’s failures to appear. Still, the deputy public defender urged the court to recognize the circumstances of his life, stating that “his life is a dumpster fire.” She also emphasized that despite his FTAs, the accused is not a public safety risk.
The defense also explained that the accused has served time in custody and attempted treatment. Although the treatment was not successful, the deputy public defender emphasized that these factors stem from the fact that “his life is too much.” The defense asked for release.
The deputy public defender entered a request for a 17(b), a motion to reduce a “wobbler” felony to a misdemeanor. Deputy District Attorney Carolyn Palumbo objected, stating the prosecution “did not have the facts of the case,” nor did the court, and therefore they were not ready to rule.
Deputy DA Palumbo added that they “need[ed] to set the matter in trial department” and that they “[were]n’t going to review the case today.”
Additionally, DDA Palumbo argued that the defense could not request a 17(b) at this point or negotiate a plea. In response, the deputy public defender argued that they were not doing so. Rather, the defense was willing to enter pleas and was simply asking for a reduction of the felony count given the non-felony nature of the conduct in question.
The defense denounced the district attorney’s “attempt to misguide the Court,” asking, “Isn’t justice delayed also justice denied?”
The deputy public defender asserted the defense’s “right to request a 17(b), and to suggest that we can’t or shouldn’t, that’s not the way we should work.”
Ultimately, Judge Danette Brown denied the motion for a 17(b) reduction, stating the court was “not in position to rule on that today.” Probation Officer Lopez said the accused has been on SOR several times and had failed. He also noted that the accused was no longer in a drug treatment program, adding that he was “not sure what our services can do at this point.”
In the end, the court also denied the defense’s motion for own-recognizance release.
The next court dates are April 13 for a pretrial conference and April 15 for a trial readiness conference, both at 9 a.m. in Department 9.
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