MODESTO, CA – An accused who recently became of adult age appeared for a Certification of Mental Competency Hearing here at Stanislaus County Superior Court late last week, where Judge Valli Israels denied the defense motion to reduce felony charges to a misdemeanor.
Private defense attorney Allen Sawyer motioned the court to reduce the felony charge to a misdemeanor, arguing the grounds of this case did not fall into the jurisdiction of a felony.
Sawyer explained to the court the accused had juvenile convictions but no adult convictions, adding, “I don’t see why it should be a felony.”
The prosecution, in turn, argued the accused had a history of juvenile offenses, one of which included possession of loaded firearms and a case from 2020 where the accused was found in “possession of a weapon in a school.”
The prosecution referenced those previous cases to state that now the accused was again being charged with being in possession of a weapon.
Judge Israels noted the 2023 cases, asking, “Are (those) convictions he’s had?” The prosecution stated they were outside of the county so they had no information on those yet, but reminded the court this case was “concerning because it’s a firearm that’s loaded.”
The prosecution informed the court the accused was discovered in possession of a weapon, leading to a chase that occurred in Modesto, CA. The accused was seen trying to dispose of the weapon when confronted by officers.
The prosecution cited this as evidence proving the accused knew he shouldn’t have had the weapon, adding the accused knew he shouldn’t be possessing a weapon in combination with his prior charge of having a firearm on school grounds.
Defense counsel Sawyer replied the firearm being loaded should not be a factor on why this charge wouldn’t be regarded as a misdemeanor.
Judge Israels circled back to the 2023 cases, which she found information about in Santa Clara County.
Judge Israels stated there were indications of convictions on the record but there was no specification. Due to this lack of information, Judge Israels didn’t know if this included an open case, which would “definitely a concern” if true.
The prosecution claimed to not have knowledge of the cases occurring in Santa Clara, however, Sawyer confirmed with the accused that those cases had been dropped.
“Just because a case is dropped doesn’t mean there were no charges,” replied the prosecution.
Judge Israels, recognizing the accused’s young age, still concluded that due to the lack of information, but recognizing the severity of this case, the court would “[h]old him (the accused) to a felony at this time.”
