WOODLAND, CA – During a preliminary hearing Wednesday, a Yolo County Superior Court judge denied a motion to reduce the charge, and maintained current bail despite the defense claiming the accused was not able to pay the amount and was struggling with drug addiction.
The accused is currently being charged with one felony for being in possession of hard drugs and two misdemeanors for trespassing on closed lands and prowling.
An initial police call was made by the manager of Motel 6 reporting a trespasser on the property after observing the accused allegedly knocking and attempting to open the doors of multiple complexes.
When the police arrived, they said they found on the accused a baggie and a dollar bill, both containing methamphetamine.
Deputy Public Defender Danielle Craig argued for a no-holding order for both of the misdemeanor charges related to the alleged trespassing and prowling allegations.
Neither the testifying officer nor the manager at the motel asked any of the residents staying at the location if they were hosting the accused as a guest, said DPD Craig. Additionally, the manager never confirmed the accused was the same man trespassing, DPD Craig pointed out.
Because of that, DPD Craig claims the accused could have made an innocent mistake because he forgot the room in which he was staying.
However, Deputy District Attorney Aloysius Patchen insisted the accused has a history of trespassing and he should be held to answer for the counts.
DPD Craig also made a Penal Code § 17(b) motion, which would reduce the felony charge to a misdemeanor.
Two days ago, DPD Craig argues, the crime would have been considered a misdemeanor, but after the recently voter-approved Prop. 36, if an accused has two previous convictions of certain drug or theft-related crimes, the sentence and charge could increase.
The amount of methamphetamine found was a small, personal amount, DPD Craig noted, and the accused is currently having issues of homelessness.
The accused is still willing to overcome his addiction and is already invested in treatment, DPD Craig added, but if the charge remains a felony, it would make the treatment process increasingly difficult.
The defense said that although Prop. 36 is now the law, it is a “wobbler,” meaning the court could choose to override it if presented with substantial evidence to do so. DPD Craig asked the court to show some compassion to the accused.
However, Judge Catherine Hohenwarter declared the accused guilty of all counts and denied the 17(b) motion, claiming that even though it was recently enacted, it is still a law.
DPD Craig informed the court the accused is unable to afford the bail posted because he is currently unemployed and is struggling with homelessness.
DPD Craig asked if the accused can be granted a no bail release from jail because he has not been deemed a public safety risk.
DDA Patchen objected to the release because, the prosecutor said, the accused exhibits a history of failures to appear in court, arguing the accused has shown violent acts, which can be enhanced with the use of drugs.
Judge Hohenwarter set the accused for arraignment in 15 days.
