WOODLAND, Calif. — A Yolo County judge ruled that a San Francisco resident may appear remotely at his next hearing but warned that he will ultimately be required to appear in person despite citing unemployment, disability and lack of transportation.
Judge Daniel Maguire granted the accused permission to appear via LifeSize for their next court hearing, recognizing the challenges posed by the accused’s residence in San Francisco, unemployment and lack of transportation, despite Judge Stephen Mock’s earlier order for in-person appearance.
Deputy Public Defender Jesus Guerrero, representing Deputy Public Defender Dan Hutchinson for Friday’s court hearing, stated that DPD Hutchinson had spoken with the accused about his required physical appearance as he was appearing via LifeSize.
Judge Maguire asked the accused if eight weeks would be enough to make the commute.
“I live in San Francisco, and I don’t have a car, plus I’m not employed, I’m on disability,” the accused responded.
The defense argued that he should be ordered present to “have paperwork signed” and that it was “the only way to get the case moving.”
“I’m hearing that we need you here to get some done. And it is in your best interest to get some done, ‘cause you don’t want to keep coming here. I understand you live in San Francisco, and you don’t have a car. There is Amtrak, there is Greyhound,” Judge Maguire continued.
“I have no income, so how am I supposed to pay for the trip?” the accused questioned.
After a brief break, DPD Guerrero spoke with the accused, who stated his desire for a counteroffer—one year probation.
Facing a misdemeanor charge for operating a vehicle without an ignition interlock device and a suspended driver’s license, Judge Maguire questioned the need for his physical appearance, as Penal Code section 977 allows a criminal accused to authorize their attorney to appear in court on their behalf, waiving their right to be personally present.
“In misdemeanors, we allow a 977 appearance. We allow remote appearance. I’m not sure why he’s being treated differently,” Judge Maguire noted.
Deputy District Attorney Alisandra Valero added that the accused should face consequences for failing to comply with the order to appear in person.
Ultimately, Judge Maguire allowed the accused to appear virtually for his next court hearing, where they will attempt to reach a resolution. If no resolution is reached, Judge Mock’s previous order for physical appearance will be issued regardless of unemployment, lack of a vehicle or San Francisco residence.
The next court hearing is set for May 22 at 9 a.m.
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