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| | STATE VS. DAVID GARCIA |
|
| | Case #: |
| D-1329-CR-9900370 |
| Current Judge |
LOUIS P MCDONALD |
|
| | Case Type |
FEL CRIMES AGAINST THE PE |
Case Status |
| CL FINAL CLOSED |
|
| | Filing Date |
10/07/1999 |
Status Date |
| 07/05/2000 |
| Court |
| Bernalillo District Court |
|
| |
| | Data use is subject to NMSA 1978, Sec. 14-3-15.1 (1995). |
|
| |
| | Parties to this Case |
|
| | DEFENDANT |
| D |
| 1 |
| GARCIA DAVID |
|
| | Attorney: ARMANDO TORRES |
|
| |
| | D |
| 1 |
| GARCIA DAVID |
|
| | Criminal Charge Details |
|
| | Count |
| Seq |
| Charge |
| Charge Dt |
| Citation # |
|
| |
| | 2 |
| 1 |
| 66-8-101(B)(C)-GREAT BODILY INJURY BY VEHICLE (DWI |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| Disp Date: |
|
| |
| | 2 |
| 2 |
| 66-8-101(A)(C)-HOMICIDE BY VEHICLE (DWI) |
| 09/17/1999 |
|
| | Plea |
| GUILTY |
| Disp: |
| GUILTY PLEA/NOLO CONTENDERE |
Disp Date: |
| 07/05/2000 |
|
| |
| | 3 |
| 1 |
| 66-8-102(D)(2)(E)-AGGRAVATED DWI (BODILY INJURY) ( |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| DISMISSED |
| Disp Date: |
| 07/05/2000 |
|
| | 1 |
| 1 |
| 66-8-101(A)(C)-HOMICIDE BY VEHICLE (DWI) |
| 09/17/1999 |
|
| | Plea |
| GUILTY |
| Disp: |
| GUILTY PLEA/NOLO CONTENDERE |
Disp Date: |
| 07/05/2000 |
|
| |
| | 4 |
| 1 |
| 66-5-39-DRIVING WHILE LICENSE SUSPENDED OR REVOKED |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| DISMISSED |
| Disp Date: |
| 07/05/2000 |
|
| |
| | 8 |
| 1 |
| 66-8-138-CONSUME POSSESS OPEN CONTAINER OF ALCOHOL |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| DISMISSED |
| Disp Date: |
| 07/05/2000 |
|
| | 5 |
| 1 |
| 66-7-317-FAILURE TO MAINTAIN TRAFFIC LANE |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| DISMISSED |
| Disp Date: |
| 07/05/2000 |
|
| |
| | 6 |
| 1 |
| 66-5-2-NO DRIVER'S LICENSE |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| DISMISSED |
| Disp Date: |
| 07/05/2000 |
|
| |
| | 7 |
| 1 |
| 66-5-229-NO EVIDENCE OF FINANCIAL RESPONSIBILITY |
| 09/17/1999 |
|
| | Plea |
| Disp: |
| DISMISSED |
| Disp Date: |
| 07/05/2000 |
|
| | Fines & Fees |
Fines & Fees |
| Fines & Fees |
|
| | Amt Paid |
| Amt Owed |
|
| | Assessed |
| Waived/Suspended |
|
| 0.00 |
|
| |
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 10/07/1999 |
| OPN: GRAND JURY INDICTMENT |
0.00 |
|
| |
| | FILED GRAND JURY INDICTMENT: |
|
| | COUNT I: HOMICIDE BY VEHICLE (DWI) |
|
| | COUNT II: GREAT BODILY INJURY BY VEHICLE (DWI) |
COUNT III: AGG DWI |
|
| | COUNT IV: DRIVING WHILE LICENSE SUSPENDED OR REVOKED |
|
| | COUNT V: FAILURE TO MAINTAIN TRAFFIC LANE |
|
| | COUNT VI: NO DRIVER'S LICENSE |
|
| | COUNT VII: FAILURE TO CARRY PROOF OF FINANCIAL RESPONSIBILIT |
|
| | COUNT VIII: POSSESSION OF ALCOHOLIC BEVERAGE IN OPEN CONTAIN |
|
| | 10/08/1999 |
| REQUEST FOR HEARING |
0.00 |
|
| |
| | FILED REQUEST FOR HEARING-ARRAIGNMENT |
|
| | | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
|
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 10/12/1999 |
| WAR: BENCH WARRANT ISSUED |
D |
1 |
0.00 |
|
| | ISSUED BENCH WARRANT ON GRAND JURY INDICTMENT/CRIMINAL |
|
| | INFORMATION DEFENDANT IS TO BE HELD WITHOUT BOND |
|
| | 10/13/1999 |
| TRANSCRIPT OF PROCEEDNGS |
0.00 |
|
| |
| | FILED CLERK'S REQUEST FOR TRANSCRIPT OF PROCEEDINGS FAXED |
|
| | TO MAGISTRATE COURT BERN (MAG# M-45-FR-99-352 ON OCT 13,99) |
10/14/1999 |
REQUEST FOR HEARING |
0.00 |
|
| |
| | FILED REQUEST FOR HEARING - ARRAIGNMENT |
|
| | 10/18/1999 |
| TRANSCRIPT OF PROCEEDNGS |
0.00 |
|
| |
| | FILED RECEIPT OF TRANSCPRIPT OF PROCEEDINGS FROM MAGISTRATE |
|
| | COURT. |
10/19/1999 |
| NTC: HEARING (CRIMINAL) |
0.00 |
|
| |
| | FILED NOTICE OF HEARING SET FOR 11-10-99 AT 1:30PM. ARRAIGN |
|
| | 10/26/1999 |
| ORD: OF APPOINTMENT |
0.00 |
|
| |
| | FILED ORDER OF APPOINTMENT. TOM GARDE IS APPOINTED TO |
|
| | REPRESENT DEFENDANT. |
|
| | 11/01/1999 |
| INDIGENCY DETERMINATION |
0.00 |
|
| | FILED ELIGIBILITY DETERMINATION FOR INDIGENT DEFENSE SERVICE |
|
| | 11/10/1999 |
| MTN: FOR CONTINUANCE |
| D |
1 |
0.00 |
|
| |
| | FILED MOTION FOR CONTINUANCE BY THE DEFENSE OF THE SETTING |
|
| | FOR 11-10-99 |
|
| | 11/10/1999 |
| ORD: OF CONTINUANCE |
0.00 |
|
| | FILED ORDER GRANTING CONTINUANCE. THIS MATTER IS CONTINUED |
|
| | UNTIL FURTHER ORDER OF THE COURT. |
|
| | 11/12/1999 |
| TAPE & LOG RECEIPT |
0.00 |
|
| |
| | FILED CLERK'S RECEIPT FOR TAPE NO 99-533A |
|
| | 11/22/1999 |
| ENTRY OF APPEARANCE |
| D |
1 |
0.00 |
|
| | FILED ENTRY OF APPEARANCE BY ARMANDO TORRES FOR THE DEFENDA- |
|
| | NT. |
|
| | 11/22/1999 |
| NTC: OF DISCLOSURE |
| D |
1 |
0.00 |
|
| |
| | FILED DEFENDANT'S DISCLOSURE RESPONSE. |
|
| | 11/22/1999 |
| MTN: MOTION |
| D |
1 |
0.00 |
|
| | FILED MOTION TO FILE ADDITIONAL MOTIONS AND FOR ADDITIONAL |
|
| | TIME TO FILE ADDITIONAL MOTIONS. (DEF) |
|
| | 11/22/1999 |
| DEMAND FOR RELEASE |
| D |
1 |
0.00 |
|
| |
| | FILED DEMAND FOR THE RELEASE OF EXCULPATRY EVIDENCE BY THE |
|
| | DEFENSE. |
|
| | 11/22/1999 |
| REQUEST/DEMAND FOR DISCOVERY |
D |
1 |
0.00 |
|
| | FILED DISCOVERY DEMAND BY THE DEFENSE. |
|
| | 11/22/1999 |
| REQUEST |
| D |
1 |
0.00 |
|
| |
| | FILED REQUEST FOR GRAND JURY TAPES BY THE DEFENSE. |
|
| | 11/22/1999 |
| NTC: NOTICE |
| D |
1 |
0.00 |
|
| | FILED NOTICE OF CONTINUING DUTY TO DISCLOSE BY THE DEFENSE. |
|
| | 11/22/1999 |
| MTN: MOTION |
| D |
1 |
0.00 |
|
| |
| | FILED MOTION REQUESTING THE PRODUCTION OF WITNESSES BY THE |
|
| | DEFENSE. |
|
| | 11/22/1999 |
| DEMAND FOR SPEEDY TRIAL |
| D |
1 |
0.00 |
|
| | FILED REQUEST FOR A SPEEDY TRIAL BY THE DEFENSE |
|
| | | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
|
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 11/22/1999 |
| CERTIFICATE/PROOF OF MAILING |
D |
1 |
0.00 |
|
| | FILED CERTIFICATE OF MAILING LISTED DOCUMENTS TO OPPOSING |
|
| | COUNSEL OF RECORD THIS 17TH DAY OF NOVEMBER, 1999 BY THE |
|
| | DEFENSE. |
|
| | 12/22/1999 |
| ORD: CONDITIONS OF RELEASE |
0.00 |
|
| |
| | FILED ORDER SETTING CONDITIONS OF RELEASE THIRD PARTY |
CUSTODY RELEASE TO LINDA GARCIA LUCERO |
|
| | 12/22/1999 |
| ORD: PRE-TRIAL/SCHEDULED |
0.00 |
|
| |
| | FILED SCHEDULING ORDER PRE-TRIAL SET FOR MARCH 3, 2000 |
|
| | AT 9:30 AM. TRAILING DOCKET ON MAY 1, 2000 |
|
| | 12/22/1999 |
| WITNESS LIST |
0.00 |
|
| | FILED WITNESS LIST BY STATE |
|
| | 12/22/1999 |
| REQUEST |
0.00 |
|
| |
| | FILED REQUEST FOR COPIES OF ORIGINAL TAPED PROCEEDINGS BY |
|
| | STATE |
|
| | 12/22/1999 |
| REQUEST FOR HEARING |
0.00 |
|
| |
| | FILED REQUEST FOR HEARING - TRIAL - 6/22/00 TO BE HEARD |
BEFORE JUDGE MCDONALD |
|
| | 12/22/1999 |
| ENTRY OF APPEARANCE |
0.00 |
|
| |
| | FILED ENTRY OF APPEARANCE BY STATE, LEMUEL MARTINEZ, ADA |
|
| | 12/22/1999 |
| DEMAND FOR ALIBI |
0.00 |
|
| |
| | FILED DEMAND FOR NOTICE OF INTENT TO CLAIM ALIBI BY STATE |
12/22/1999 |
DEMAND FOR NOTICE |
0.00 |
|
| |
| | FILED DEMAND FOR NOTICE OF INTENT TO CLAIM THE DEFENSES OF |
|
| | NOT GUILTY BY REASON OF INSANITY OR INCAPACITY OF FORM |
|
| | SPECIFIC INTENT BY STATE |
|
| | 12/22/1999 |
| REQUEST/DEMAND FOR DISCOVERY |
0.00 |
|
| |
| | FILED DISCOVERY MOTION BY STATE |
12/22/1999 |
REQUEST/DEMAND FOR DISCOVERY |
0.00 |
|
| |
| | FILED DISCOVERY RESPONSE BY STATE |
|
| | 12/28/1999 |
| TAPE & LOG RECEIPT |
0.00 |
|
| |
| | FILED CLERK'S RECEIPT FOR TAPE NO 99-653- ARRAIGN |
|
| | 01/07/2000 |
| GRAND JURY CHARGE |
0.00 |
|
| | FILED AMENDED GRAND JURY INDICTMENT |
|
| | COUNT I HOMICIDE BY VEHICLE (DWI) |
|
| | COUNT II HOMICIDE BY VEHICLE (DWI) |
|
| | COUNT III AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF |
|
| | INFLUENCE OF INTOXICATING LIQUOR OR DRUGS. |
|
| | COUNT IV DRIVING WHILE LICENSE SUSPENED OR REVOKED |
|
| | COUNT V FAILURE TO MAINTAIN TRAFFIC LANE |
|
| | COUNT VI NO DRIVERS LICENSE |
|
| | COUNT VII FAILURE TO CARRY PROOF OF FAILURE TO CARRY PROOF |
|
| | OF FANANCIAL RESPONSIBILITY |
COUNT VIII POSSESSION OF ALCOHOLIC BEVERAGE IN OPEN |
|
| | CONTAINER. |
|
| | 01/18/2000 |
| INDICTMENT (NON-OPENING) |
0.00 |
|
| |
| | FILED AMENDED GRAND JURY INDICTMENT COUNT II HOMICIDE BY |
|
| | VEHICLE (DWI) |
|
| | 01/25/2000 |
| ORD: QUASHING WARRANT ISSUED |
D |
1 |
|
| | FILED ORDER TO QUASH BENCH WARRANT. |
|
| | 02/29/2000 |
| SUPPLEMENTAL INFORMATION |
|
| |
| | FILED SUPPLEMENTAL WITNESS LIST BY THE STATE. |
|
| | | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
|
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 04/21/2000 |
| MTN: FOR CONTINUANCE |
| D |
1 |
|
| | FILED MOTION FOR CONTINUANCE BY THE DEF. |
|
| | 04/21/2000 |
| REQUEST FOR HEARING |
|
| |
| | FILED REQUEST FOR HEARING - MTN FOR CONTINUANCE |
|
| | 04/25/2000 |
| NTC: HEARING (CRIMINAL) |
|
| | FILED NOTICE OF HEARING SET FOR APRIL 28, 2000 AT 9:30AM |
|
| | MTN FOR CONTINUANCE |
|
| | 05/24/2000 |
| MTN: FOR CONTINUANCE |
| D |
1 |
|
| |
| | FILED MOTION FOR CONTINUANCE BY THE DEF. |
|
| | 05/24/2000 |
| ORD: OF CONTINUANCE |
|
| | FILED ORDER OF CONTINUANCE. THIS MATTER IS CONTINUED UNTIL |
|
| | FURTHER ORDER OF THE COURT. |
|
| | 05/31/2000 |
| TAPE & LOG RECEIPT |
|
| |
| | FILED CLERK'S RECEIPT FOR TAPE NO 00-299 & 00-300 / PLEA/ |
|
| | PSR |
|
| | 06/26/2000 |
| WAR: ARREST WARRANT RETURN |
D |
1 |
|
| | FILED ARREST/BOOKING REPORT |
|
| | 06/28/2000 |
| ORD: ORDER |
|
| |
| | FILED ORDER TO THE SCDC TO ACCEPT DEF FOR CUSTODY ON |
|
| | 6-26-00. |
|
| | 06/29/2000 |
| TAPE & LOG RECEIPT |
|
| | FILED CLERK'S RECEIPT FOR TAPE NO 00-337 & 00-338 / SENTCING |
|
| | 07/05/2000 |
| CLS: JUDGMT/SENT/COMMITMENT |
|
| |
| | FILED JUDGEMENT, SENTENCE AND COMMITMENT. SENTENCE OF THE |
|
| | COURT THAT THE DEF BE COMMITTED TO THE CUSTODY OF THE |
|
| | CORRECTIONS DIVISION OF THE CRIMINAL JUSTICE DEPT. FOR THE |
|
| | TERM OF 6 YEARS ON COUNT I AND 6 YEARS ON COUNT II. SAID |
|
| | TERMS ARE TO RUN CONSECUTIVELY WITH A 10 YEAR DWI ENHANCEME- |
NT ON EACH COUNT FOR 5 PRIOR DWI CONVICTIONS TO RUN CONCURR- |
|
| | ENTLY WITH ONE ANOTHER AND CONSECUTIVELY TO COUNT I AND |
|
| | COUNT II, FOR A TOTAL OF 22 YEARS OF INCARCERATION. DEF IS |
|
| | TO RECEIVE CREDIT FOR 0 DAYS OF PRE SENTENCE CONFINEMENT. |
|
| | 07/11/2000 |
| ASM: JAIL PRISON |
| D |
1 |
|
| |
| | Count 1-1 Jail Sentence 16 yr 0 month 0 days |
|
| | Count 1-1 Jail Sentence Credited 0 yr 0 month 0 days |
|
| | Count 1-1 Jail Sentence Served 0 yr 0 month 0 days |
|
| | 07/11/2000 |
| ASM: JAIL PRISON |
| D |
1 |
|
| | Count 2-2 Jail Sentence 6 yr 0 month 0 days |
|
| | Count 2-2 Jail Sentence Credited 0 yr 0 month 0 days |
|
| | Count 2-2 Jail Sentence Served 0 yr 0 month 0 days |
|
| | 07/28/2000 |
| CERTIFICATE OF CONVICTION |
|
| |
| | FILED CERTIFICATE OF CONVICTION |
|
| | 09/25/2000 |
| MTN: MOTION |
|
| | FILED MOTION FOR RECONSIDERATION (DF) |
|
| | 09/25/2000 |
| REQUEST FOR HEARING |
|
| |
| | FILED REQUEST FOR HEARING ON MOTION FOR RECONSIDERATION (DF) |
|
| | 12/11/2000 |
| CERTIFICATE/PROOF OF MAILING |
|
| | FILED CERTIFICATE OF MAILING OF JUDGMENT AND SENTENCE TO MVD |
|
| | <ATTACHMENT> |
