SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

The People of the State of California,
Plaintiff / Hon. Stephanie E. Hulsey
Clerk: Deanna DeRuosi
vs. / CSR:
Recording No. 11.10.00
Garrido, Emilio Hernandez,
Defendant
Minutes: Probation/Sentencing / Case No. MS338839A
Courtroom 7
December 9, 2016
Charges:
1: PC192(c)(2) [Vehicular Manslaughter W/O Gross Negligence] MISD
2: VC23104(a) [Reckless Driving w/bodily injury] MISD
3: VC12500(a)-M [Unlawful to drive unless licensed:Misd] MISD
4: VC22350 [Unsafe Speed For Prevailing Conditions] INFTR
5: VC22107 [Unsafe Turn Without Signal] INFTR
6: VC21460(a) [Improper Turns Over Double Lines] INFTR

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Nature of proceedings: Probation/sentencing.

Deputy District Attorney Danielle Van Damme appeared.

Defendant appears and is in custody on this case.

Defendant appeared with Counsel Christopher Caine.

Certified or Registered Interpreter Luz Alicia Lopez is present and sworn to interpret Spanish/English for . Certification or registration number has been validated and identification has been verified by badge issued by Judicial Council. The oath has been administered and a sworn oath is on file.

Letters on behalf of the victim are received and filed.

Victim impact statements are read by Deputy District Attorney Danielle Van Damme.

Case regularly called for sentencing. Court has read and considered report and recommendation of Probation Officer, and Diagnostic Report if any.

Recommendations are made by respective parties.

Defendant waives formal arraignment for pronouncement of judgment.

Defendant states there is no legal cause why judgment should not be pronounced.

Imposition of sentence suspended, and defendant placed on probation for a period of 3 yrs; 0 months; 0 days and to obey all laws. Type of probation: Conditional.

Do not commit same or similar offense.

During probationary period, do not to operate a motor vehicle unless duly licensed by the State of California and insured and registered.

Comply with all Department of Motor Vehicles directives concerning license status or any interlock device.

Permit the search of your person, car, personal effects, or place of residence, night or day, without necessity of a search warrant at the direction of any Probation Officer or Peace Officer.

Pay victim restitution to Bruce Palomino in the amount of $5,593.76 through the Monterey County Revenue Division.

Pay victim restitution to Fernando Plazola in the amount of $6,259.03 through the Monterey County Revenue Division.

Any payments that are made by the defendant are to go to victim restitution until paid in full prior to applying to fines and fees.

The Court does not impose a fine.

Pay restitution fine of $150.00 for the State Restitution Fund. (PC 1202.4(b))

Court retains jurisdiction for purposes of restitution.

Defendant is to serve 330 days.

Credit for time served of 79 days plus 78 days good and work time, for a total of 157 days.

All jail programs are denied.

The court makes further orders which are not conditions of probation as follows:

An additional restitution fine in the amount of $150.00 (same as that assessed pursuant to PC 1202.4(b)), is imposed, suspended, and not to be paid unless and until probation is revoked and not reinstated. (PC § 1202.44)

Pay a Court Operations Assessment of $40.00 times the number of convictions for a total of $40.00. (See PC1465.8(a)(1))

Pay a Court Facilities Assessment of $30.00 times the number of convictions for a total of $30.00. (GC70373)

Unless otherwise stated, all fines, fees and victim restitution are to be paid as directed by the Monterey County Revenue Division (located at 168 West Alisal St., 1st Floor, Salinas, CA 93901-2680.) You must contact the Revenue Division within 3 days, or if in custody, within 3 days of release, and make arrangements to pay and pay as directed by the Revenue Division.

Defendant shall pay, if and as directed by the arresting agency, in accordance with his/her ability to pay, the criminal justice administration fee incurred in Defendant's arrest and booking in accordance with section 29550.1/29550.2 Government Code.

The defendant is ordered to pay $864.00 for the cost of preparation of the probation report, plus $81.00 per month as the cost of supervised probation in accordance with his/her ability to pay. The defendant is ordered to provide the Probation Officer with financial information for evaluation of his/her ability to pay, and is ordered to pay the amount Probation determines he/she can afford.

Defendant accepts probation.

All remaining charges, enhancements and/or special allegations are hereby ordered dismissed/stricken pursuant to PC 1385.

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