WOODLAND, Calif. — Deputy District Attorney Michelle Serafin and Supervising Deputy Public Defender Dan Hutchinson debated the sentencing of an accused person facing misdemeanor theft and drug possession charges, with prosecutors seeking the maximum jail term and the defense arguing for diversion and treatment.
According to Serafin, prosecutors had offered diversion under Penal Code 1000 for drug treatment, which the accused rejected before the pretrial conference. However, Hutchinson disputed that claim and read notes from plea negotiations stating that if the accused had pleaded guilty, the district attorney would drop two charges and an aggravating enhancement if the client agreed to 590 days in jail with no parole.
Serafin requested that the accused be sentenced to 12 months of incarceration and denied parole, citing the short period of time between reoffending and stating the accused had been granted parole three times.
Hutchinson said there was never an offer for an alternative custody program, in which the accused would be placed on parole while obtaining rehabilitation at a residential treatment center. In addition to the excessive amount of time the accused would serve in jail, prosecutors would have further disenfranchised the accused without addressing the cause of the behavior.
The accused expressed shame for the actions, acknowledging that he had scared people while using substances and agreeing to enter residential treatment.
According to Hutchinson, Serafin’s insistence on maximum sentencing was prejudiced, qualifying the accused for dismissal under the California Racial Justice Act of 2020. Litigation exists to address addiction, and people of color are still denied diversion at disproportionate rates. The Racial Justice Act checks the bias of prosecutors, juries and judges who deny equal and fair justice based on racial discrimination.
Judge Daniel P. Maguire addressed the concerns of both parties and agreed to parole with additional conditions to ensure the court could hold the accused accountable for completing treatment and changing his behavior. If the accused commits another crime, he will be convicted of a felony and serve the maximum sentence.
The accused will be granted parole to obtain treatment at an inpatient facility, in addition to credit for time served for 180 days in jail.
Plea bargaining should be made public and on the record to maintain accountability for both parties.
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