Criminal Case Report
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1 Criminal Case Report Pay Ticket / Case Fine Print This Report Close This Window Case RIF Defendants Seq Defendant Next Court Date Status Agency / DR Number 1 DIVITA, MICHAEL JOHN ALIAS: DEVITA, MICHAEL JAMES ALIAS: DAVITA, MICHAEL JOHN ALIAS: DIITA, MIC BAPD Arrest Date Count 1 Charge Violation Date 09/07/2008 PC 288(C)(1) 09/07/2008 Case RIF DIVITA, MICHAEL JOHN - Status Custody N/A Filing Type Complaint Filing Date 12/22/2008 Ordered Bail $100, Posted Bail $0.00 D.A. Hunter Taylor Defense PVT-Greg Kassel Next Action: Deputy Report #: BAPD Warrant Type Status Issued Affidavit ARR RECALLED 12/22/2008 N/A Probation Type Granted Expiration N/A N/A N/A Sentence Convicted Date County Jail CTS N/A N/A N/A State Prison Max Sentence N/A N/A Fine and Penalty Restitution Fine Restitution to Victim 0 N/A Page 1 of 12
2 Case RIF DIVITA, MICHAEL JOHN - Charges Arrest Charges Count Charge 1 PC 288(C) (1) Filed Charges Count Charge 1 PC 288(C) (1) Other Charges Count Charge PC 667(C) PC 667(E) (1) Severity Description Violation Date F Lewd Act Child 14/15 Years Deft 10 Yrs Older 09/07/2008 Severity Description F Violation Date Plea Plea Lewd Act Child 14/15 Years Deft 10 Yrs Older 09/07/2008 NOT GUILTY Severity Description F Prior Felony Conviction(defined in 667.5(c) or (c)PC) Violation Date Plea Status Status DISCHARGED Status 09/07/2008 ACTIVE F 1 Prior Fel Conv/ALLEGE STRIKE 09/07/2008 ACTIVE Case RIF DIVITA, MICHAEL JOHN - Probation Probation Has Not Been Granted On This Case For This Defendant. Case RIF DIVITA, MICHAEL JOHN - Related Cases On Calendar Related Cases On Calendar This Defendant Does Not Have Any Other Cases With Future Hearings Scheduled. Case RIF DIVITA, MICHAEL JOHN - All of Defendant's Other Cases Case Number Filed Date Charges Next Hearing Jurisdiction Status RIF /10/2010 PC 242 PC 220 PC 245(A)(1) PC 667(A) 49727MAMD 05/03/2010 VC 16028A 84172MD 12/02/2008 VC VC 5200A BM80254MD 11/13/2008 VC 24603E None Scheduled SUPERIOR COURT-RIVERSIDE Closed None Scheduled SUPERIOR COURT - BANNING BRANCH Closed None Scheduled SUPERIOR COURT - BANNING BRANCH Closed None Scheduled SUPERIOR COURT - BANNING BRANCH Closed Page 2 of 12
3 BAM /23/2008 VC 2803(A) VC 2803A BM71172MD 02/27/2008 VC 21453C None Scheduled SUPERIOR COURT-RIVERSIDE Closed None Scheduled SUPERIOR COURT - BANNING BRANCH Closed 77145MD 03/20/2007 VC 4000A1 None Scheduled SUPERIOR COURT - BANNING BRANCH Closed MD 11/08/ MD 03/20/2003 CR /17/1992 VC 21461A PC (A) VC VC 27315D1 PC PC 243.4(A) PC M647.6 None Scheduled SUPERIOR COURT - RIVERSIDE Closed None Scheduled SUPERIOR COURT - BANNING BRANCH Closed None Scheduled Closed Case RIF DIVITA, MICHAEL JOHN - Actions & Action Date Action Text Disposition Hearing Type 02/02/2011 BAIL BOND # AUL EXPIRES. (TWO YEARS FROM EFFECTIVE DATE OF 02/02/ PURSUANT TO SECTION 1304 PC) 12/23/2010 8:00 AM DEPT. BOND BAIL BOND/CASH BAIL FILING - ANNUAL REVIEW DATE (CLERK CALENDAR) 01/15/2010 ORDER FOR RETURN SEIZED PROPERTY IS GRANTED ; JUDGE RONALD L. TAYLOR 01/15/2010 ORDER FOR PC 1324 IS GRANTED ; JUDGE RONALD L. TAYLOR 01/15/2010 PETITION TO/FOR REQUIRING WITNESS TO ANSWER QUESTIONS PC 1324 FILED. 01/15/2010 NOTICE OF BAIL BOND EXONERATION FILED. 01/15/2010 8:44 AM DEPT. 31 VACATED ARRAIGNMENT COURT REPORTER: KM-K. MASKEW CDL JOHN DORR REPRESENTING WITNESS MICHAEL A. PRESENT IN COURT. ALL PARTIES ANNOUNCE READY FOR. COURT AND COUNSEL CONFER REGARDING: (IN-CHAMBERS) AT 9:27, THE FOLLOWING PROCEEDINGS WERE HELD: PEOPLE'S EXHIBIT 1 - DEFENDANTS CERTIFIED RAP SHEET IS/ARE MARKED FOR IDENTIFICATION ONLY. OFFICER MERRIT DESIGNATED AS INVESTIGATING OFFICER. COUNSEL STIPULATE: DEFENDANTS TRUE D.O.B IS 12/9/58. Page 3 of 12
4 (FOR PURPOSES OF ONLY.) MOTION TO EXCLUDE ALL NON-TESTIFYING WITNESSES IS GRANTED. COURT AND COUNSEL CONFER REGARDING: WITNESSES 5TH AMENDMENT RIGHTS PEOPLE'S WITNESS, MICHAEL A. IS SWORN AND TESTIFIES. WITNESS MICHAEL A. INVOKES HIS 5TH AMENDMENT RIGHTS. PEOPLE OFFERING WITNESS IMMUNITY PURSUANT TO PC WITNESS STILL REFUSES TO TESTIFY AFTER COURT SIGNS FORMAL ORDER REQUIRING WITNESS TO ANSWER QUESTIONS. COURT ADVISES THE WITNESS OF THE CONSEQUENCES FOR CONTEMPT OF COURT AND THE WITNESS STILL REFUSES TO TESTIFY. PEOPLE UNABLE TO PROCEED WITH. PEOPLE REST. COURT FINDS INSUFFICIENT CAUSE TO BELIEVE THE DEFENDANT GUILTY, AND ORDERS DEFENDANT DISCHARGED AS TO COUNT(S) 1. CURRENT BAIL BOND EXONERATED. DEFENDANT RELEASED. AFTER TAKING THE MATTER UNDER SUBMISSION REGARDING SANCTIONS COURT WILL NOT IMPOSE SANCTIONS. HEARING ON 12/23/2010 AT 8:00 FOR BRD IS VACATED. PEOPLES EXHIBIT(S) 1 RETURNED TO DA HUNTER TAYLOR. **MINUTE ORDER OF COURT PROCEEDING** 01/15/2010 8:30 CASE ASSIGNED TO DEPARTMENT 31 FOR ALL FURTHER PROCEEDINGS. HONORABLE MICHAEL B. DONNER PRESIDING. COURTROOM ASSISTANT: ET-E. TORRES COURT REPORTER: AB-A. BARRAGAN SET FOR 8:44 IN DEPT /14/ :10 AM DEPT. 41 HONORABLE MICHAEL B. DONNER PRESIDING. COURTROOM ASSISTANT: ET-E. TORRES Page 4 of 12
5 COURT REPORTER: AB-A. BARRAGAN MR ANGEL PRESENT IN COURT. CDL JOHN DORR REPRESENTING MR.ANGEL PRESENT IN COURT. DEFENSE MOTION TO CONTINUE PURS.TO 1050PC GRANTED. MOTION IS NOT OPPOSED BY THE PEOPLE. HEARING IS CONTINUED TO 8:30 IN DEPT. 41 REASON FOR CONTINUANCE: OT-OTHER TIME ESTIMATE FOR : 1 HOUR(S). COURT ORDERS NO FURTHER CONTINUANCES BE GRANTED. 01/14/2010 8:38 AM DEPT. 45 HONORABLE JUDGE SHERRILL A. ELLSWORTH PRESIDING. COURTROOM ASSISTANT: LW-L. WALKER COURT REPORTER: DW-D. WAGNER CDL-JOHN DORR FOR (MINOR) PRESENT IN COURT. AT 9:53, THE FOLLOWING PROCEEDINGS WERE HELD: ORAL MOTION BY BOTH COUNSEL REGARDING CONTINUE PRELIMINARY IS CALLED FOR HEARING. MOTION DENIED. CASE ASSIGNED TO DEPARTMENT 41 FOR ALL FURTHER PROCEEDINGS. AT 10:00, THE FOLLOWING PROCEEDINGS WERE HELD: ***MATTER RECALLED *** HONORABLE JUDGE SHERRILL A. ELLSWORTH PRESIDING. COURTROOM ASSISTANT: LW-L. WALKER COURT REPORTER: DW-D. WAGNER CDL-JOHN DORR FOR (MINOR) PRESENT IN COURT. ORAL MOTION BY BOTH COUNSEL REGARDING CONTINUE IS CALLED FOR HEARING. MOTION DENIED. CASE ASSIGNED TO DEPARTMENT 41 FOR ALL FURTHER PROCEEDINGS. SET FOR 10:10 IN DEPT. 41. Page 5 of 12
6 01/14/2010 8:30 CASE ASSIGNED TO DEPARTMENT 45 FOR ALL FURTHER PROCEEDINGS. HONORABLE MICHAEL B. DONNER PRESIDING. COURTROOM ASSISTANT: ET-E. TORRES COURT REPORTER: AB-A. BARRAGAN SET FOR 8:38 IN DEPT /31/2009 8:30 HONORABLE MICHAEL B. DONNER PRESIDING. COURTROOM ASSISTANT: ET-E. TORRES COURT REPORTER: TF3-T. FOSTER PEOPLE'S MOTION TO CONTINUE PURS. TO 1050 PC GRANTED. MOTION TO CONTINUE IS NOT OPPOSED BY DEFENDANT MATTER CONTINUED TO 01/14/2010 AT 8:30 IN DEPT 41 REASON FOR CONTINUANCE: OT-OTHER LAST DAY FOR IS 01/15/2010. TIME ESTIMATE FOR : 1 HOUR(S). WILL GO ON 01/14/10. CDL TO PRESENT ON 1/14/10 FOR A MINOR WITNESS. JOHN DORR WILL BE PRESENT ON 1/14/10. CDL JOHN DORR PRESENT IN COURT. **MINUTE ORDER OF COURT PROCEEDING** 12/31/2009 MOTION TO TRAIL FILED. 12/29/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 12/29/2009 8:30 FELONY SETTLEMENT CONFERENCE TSC Page 6 of 12
7 HONORABLE MICHAEL B. DONNER PRESIDING. COURT REPORTER: AB-A. BARRAGAN SPECIAL APPEARANCE BY NATALIE PITRE. AT 10:11, THE FOLLOWING PROCEEDINGS WERE HELD: COURT NOTES NO FURTHER CONTINUANCES ORDERED AT THE LAST HEARING. PEOPLE'S MOTION TO CONTINUE PURSUANT TO 1050 PC IS DENIED. PURSUANT TO 1050(D) PC, THE COURT DOES NOT FIND GOOD CAUSE HAS BEEN SHOWN TO GRANT THE SET ON 12/31/2009 AT 8:30 IN DEPT. 41 IS CONFIRMED. TIME ESTIMATE FOR : 1 HOUR(S). LAST DAY FOR IS 01/15/ /13/2009 8:30 11/10/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 11/10/2009 8:30 FELONY SETTLEMENT CONFERENCE VACATED TSC HONORABLE MICHAEL B. DONNER PRESIDING. COURT REPORTER: ML1-M. LATHAM AT 8:50, THE FOLLOWING PROCEEDINGS WERE HELD: COURT ORDERS NO FURTHER CONTINUANCES BE GRANTED. STIPULATED MOTION TO CONTINUE PURSUANT TO 1050 PC IS GRANTED. HEARING CONTINUED TO 12/29/2009 AT 8:30, DEPT. 41 REASON FOR CONTINUANCE: OT-OTHER SET FOR 8:30 IN DEPT. 41. DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 10 COURT DAYS. COUNSEL STIPULATE LAST DAY FOR IS 01/15/2010. TIME ESTIMATE FOR : 1 HOUR(S). THE FOLLOWING PERSONS ARE ORDERED TO RETURN ON 12/31/2009 AT 8:30 DEPT 41: MICHAEL ANGEL. Page 7 of 12
8 09/25/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 09/25/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 09/25/2009 8:30 FELONY SETTLEMENT CONFERENCE TSC HONORABLE JUDGE RAFAEL A. ARREOLA PRESIDING. COURT REPORTER: MLR-M. RENO SPECIAL APPEARANCE BY KEVIN BEECHAM. AT 10:20, THE FOLLOWING PROCEEDINGS WERE HELD: STIPULATED MOTION TO CONTINUE PURSUANT TO 1050 PC IS GRANTED. HEARING CONTINUED TO 11/10/2009 AT 8:30, DEPT. 41 SET FOR 8:30 IN DEPT. 41. DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 10 COURT DAYS. ORAL MOTION BY DEFENSE REGARDING RELEASE OF PROPERTY IS CALLED FOR HEARING. COURT ORDERS AN ORDER BE PREPARED BY DEFENSE. **MINUTE ORDER OF COURT PROCEEDING** 07/31/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 07/31/2009 8:30 FELONY SETTLEMENT CONFERENCE TSC COURT REPORTER: MI-M. IANELLA SPECIAL APPEARANCE BY GARY POLK. AT 10:10, THE FOLLOWING PROCEEDINGS WERE HELD: DEFENSE MOTION TO CONTINUE PURS.TO 1050PC GRANTED. MOTION IS NOT OPPOSED BY THE PEOPLE. HEARING IS CONTINUED TO 8:30 IN DEPT. 41 DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 30 COURT DAYS. Page 8 of 12
9 06/12/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 06/12/2009 8:30 FELONY SETTLEMENT CONFERENCE TSC COURT REPORTER: RMS-R. SAMPLES SPECIAL APPEARANCE BY A. PLISNER. AT 10:52, THE FOLLOWING PROCEEDINGS WERE HELD: DEFENSE MOTION TO CONTINUE PURS.TO 1050PC GRANTED. MOTION IS NOT OPPOSED BY THE PEOPLE. HEARING IS CONTINUED TO 8:30 IN DEPT. 41 DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 10 COURT DAYS. DEFENDANT WAIVES 60 DAY RULE. 04/17/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 04/17/2009 8:30 FELONY SETTLEMENT CONFERENCE TSC COURT REPORTER: MR-M. RANDOLPH SPECIAL APPEARANCE BY S. SALAM. AT 9:26, THE FOLLOWING PROCEEDINGS WERE HELD: DEFENSE MOTION TO CONTINUE PURS.TO 1050PC GRANTED. MOTION IS NOT OPPOSED BY THE PEOPLE. HEARING IS CONTINUED TO 8:30 IN DEPT. 41 DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 10 COURT DAYS. DEFENDANT WAIVES 60 DAY RULE. 02/25/2009 REQUEST TO CONTINUE PURSUANT TO 1050 PC FILED. 02/25/2009 8:30 FELONY SETTLEMENT CONFERENCE TSC Page 9 of 12
10 COURT REPORTER: MR-M. RANDOLPH SPECIAL APPEARANCE BY A. PLISNER. AT 9:26, THE FOLLOWING PROCEEDINGS WERE HELD: DEFENSE MOTION TO CONTINUE PURS.TO 1050PC GRANTED. MOTION IS NOT OPPOSED BY THE PEOPLE. HEARING IS CONTINUED TO 8:30 IN DEPT. 41 DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 30 COURT DAYS. 02/02/2009 RELEASE WITH: BOND TO APPEAR /02/2009 NOTICE OF BAIL BOND EXONERATION FILED. 02/02/2009 BAIL BOND # AUL FILED. 02/02/2009 1:30 PM DEPT. 41 HEARING ON MOTION RE: TO REVOKE AND INCREASE BAIL COURT REPORTER: MR-M. RANDOLPH AT 14:00, THE FOLLOWING PROCEEDINGS WERE HELD: MOTION BY PEOPLE REGARDING INCREASE BAIL IS CALLED FOR HEARING. COUNSEL STIPULATE: TO INCREASE BAIL TO $ MOTION GRANTED BAIL SET IN AMOUNT OF $ CURRENT BAIL BOND EXONERATED. COURT ORDERS DEFENDANT TO POST A NEW BAIL BOND. 01/28/2009 OPPOSITION TO MOTION TO REVOKE AND INCREASE BAIL FILED DEFENSE ATTORNEY. 01/23/2009 DEFENDANT CUSTODY STATUS INFORMATION SHEET (OUT OF CUSTODY) FILED. 01/23/2009 1:30 PM DEPT. 41 ARRAIGNMENT ARRAIGNMENT &CaseNumber=RIF147345&DefNbr=11777&DefSeq=1&otnmseq=0&RivInd=RIV Page 10 of 12
11 CASE ASSIGNED TO DEPARTMENT 41 FOR ALL FURTHER PROCEEDINGS. COURT REPORTER: MR-M. RANDOLPH PRIVATE COUNSEL GREG KASSEL, APPOINTED. DEFENDANT ACKNOWLEDGES THE COMPLAINT REFLECTS HIS/HER TRUE NAME AND DATE OF BIRTH. DEFENDANT ARRAIGNED DEFENDANT ADVISED OF CONSTITUTIONAL RIGHTS. DEFENDANT ADVISED OF RIGHT TO TRIAL BY JURY. DEFENDANT ADVISED OF RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES; RIGHT TO PRESENT EVIDENCE ON OWN BEHALF. DEFENDANT ADVISED OF PRIVILEGE AGAINST SELF INCRIMINATION. DEFENDANT ADVISED OF CHARGES AND CONSEQUENCES OF HIS/HER PLEA AND STATUTORY SENTENCING. PLEADS NOT GUILTY TO ALL CHARGES. COPY OF COMPLAINT/REPORT(S) FURNISHED TO DISTRICT ATTORNEY, DEFENSE COUNSEL/DEFENDANT. FELONY SETTLEMENT CONFERENCE SET ON 02/25/2009 AT 8:30 IN DEPT. 41 DEFT WAIVES TIME FOR PRELIMINARY HRG PLUS 10 COURT DAYS. ORAL MOTION BY PEOPLE REGARDING DEFT TO BE BOOKED & RELEASED IS CALLED FOR HEARING. MOTION GRANTED COURT ORDERS: DEFENDANT TO REPORT TO RPDC FOR ONE DAY FOR BOOKING PURPOSES ONLY BY 2/02/09. MINUTE ORDER PRINTED TO ROBERT PRESLEY DETENTION CENTER. 01/23/2009 MOTION TO REVOKE AND INCREASE BAIL FILED. 12/23/2008 BAIL BOND # AUL FILED. 12/23/2008 BAIL BOND # AUL EXPIRES. (TWO YEARS FROM EFFECTIVE DATE OF 12/23/ PURSUANT TO SECTION 1304 PC) 12/22/2008 DEFENDANT ALSO KNOWN AS: MIC DIITA 12/22/2008 DEFENDANT ALSO KNOWN AS: MICHAEL JOHN DAVITA 12/22/2008 DEFENDANT ALSO KNOWN AS: MICHAEL JAMES DEVITA 12/22/2008 CASE DESIGNATED MAJOR CRIMES SACA 12/22/2008 CASE DESIGNATION: VERTICAL. CASE ASSIGNED TO DEPT /22/2008 COMPLAINT FILED. (IMAGED) 12/22/2008 DECLARATION IN SUPPORT OF ARREST WARRANT FILED. 12/22/2008 JURISDICTION SET TO BA BY OTS &CaseNumber=RIF147345&DefNbr=11777&DefSeq=1&otnmseq=0&RivInd=RIV Page 11 of 12
12 12/22/2008 COMPLAINT FILED BY CRRCG Case RIF DIVITA, MICHAEL JOHN - Fine Information Date To Pay: N/A First Payment: Prior NSF: N Payment Amount: $0.00 Last Payment: Fine Number Fine Type Fine Description Original Amount Paid To Date Current Due Total: $0.00 $0.00 $0.00 Print This Report Close This Window Riverside Public Access ISD Corporation. All Rights Reserved. Contact Us &CaseNumber=RIF147345&DefNbr=11777&DefSeq=1&otnmseq=0&RivInd=RIV Page 12 of 12
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