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| | STATE VS. GARCIA DAVID L |
|
| | Case #: |
| M-43-DR-95002593 |
| Current Judge |
TONY F MARTINEZ |
|
| | Case Type |
DWI MISDEMEANOR |
| Case Status |
| CL FINAL CLOSED |
|
| | Filing Date |
04/12/1995 |
Status Date |
| 02/27/1996 |
| Court |
| Espanola Magistrate Court |
|
| |
| | Data use is subject to NMSA 1978, Sec. 14-3-15.1 (1995). |
|
| |
| | Parties to this Case |
|
| | DEFENDANT |
| D |
| 1 |
| GARCIA DAVID L |
|
| |
| | D |
| 1 |
| GARCIA DAVID L |
|
| | Criminal Charge Details |
|
| | Count |
| Seq |
| Charge |
| Charge Dt |
| Citation # |
|
| |
| | 1 |
| 1 |
| 66-8-102-UNDER INFLUENCE ALCOHOL/DRUGS |
| 04/12/1995 |
|
| | Plea |
| NOT GUILTY |
| Disp: |
| GUILTY PLEA/NOLO CONTENDERE |
Disp Date: |
| 08/29/1995 |
|
| |
| | 2 |
| 1 |
| 66-8-114-CARELESS DRIVING |
| 04/12/1995 |
|
| | Plea |
| NOT GUILTY |
| Disp: |
| DISMISSED |
| Disp Date: |
| 08/29/1995 |
|
| | 3 |
| 1 |
| 66-8-138-CONSUME POSSESS OPEN CONTAINER OF ALCOHOL |
| 04/12/1995 |
|
| | Plea |
| NOT GUILTY |
| Disp: |
| DISMISSED |
| Disp Date: |
| 08/29/1995 |
|
| |
| | Fines & Fees |
Fines & Fees |
| Fines & Fees |
|
| | Amt Paid |
| Amt Owed |
|
| | Assessed |
| Waived/Suspended |
|
| 2,197.00 |
-2,197.00 |
0.00 |
|
| |
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 04/12/1995 |
| OPN: CRIMINAL COMPLAINT FILED |
D |
1 |
0.00 |
|
| | CHARGES: DWI CITATION #7109275 |
|
| | CARELESS DRIVING #17202 1031709 1 |
|
| | OPEN CONTAINER #17202 10317105 |
|
| |
| | CITING OFFICER: MATT TAFOYA/EPD |
|
| |
| | DLB |
|
| | 04/12/1995 |
| NTC: ELIG DETER FOR DEFENDANT |
D |
1 |
0.00 |
|
| |
| | DEFENDANT LIVES ALONE/DIVORCED/DEFENDANT IS IN JAIL |
|
| | EMPLOYED BY LOS ALAMOS NATIONAL LABORATORY: ANNUAL INCOME: |
$8160.00 - TOTAL AVAILABLE FUNDS: $23,000. DLB |
|
| | 04/12/1995 |
| NTC: ORD SET COND OF BAIL BOND |
D |
1 |
0.00 |
|
| |
| | DEFENDANT BE RELEASED ON BAIL IN THE AMOUNT OF $600; AGREES |
|
| | TO APPEAR IN COURT UPON NOTICE; FURTHER AGREES TO COMPLY |
|
| | WITH ALL ADDITIONAL CONDITIONS OF RELEASE: SUBJECT TO |
|
| | MAINTAINING EMPLOYMENT; WILL NOT LEAVE THE STATE OF NM; |
|
| | WILL RESIDE AT RANCHO DE LOS GARCIA, RANCHITOS, NM; WILL |
|
| | NOT POSSESS A FIREARM OR DANGEROUS WEAPONS; WILL OBEY ALL |
|
| | LAWS; WILL NOT DRINK ANY ALCOHOLIC BEVERAGES; WILL NOT TAKE |
|
| | OR USE ANY NARCOTIC DRUGS W/O VALID PRESCRIPTION; WILL |
SUBMIT TO ANY URINALYSIS OR ALCOHOL TEST UPON THE REQUEST OF |
|
| | THIS COURT OR ADULT PROBATION OFFICE. DLB |
|
| | 04/28/1995 |
| NTC: CRIMINAL PRETRIAL CONFER |
D |
1 |
0.00 |
|
| |
| | SCHEDULED TO APPEAR ON JUNE 6, 1995 AT 9:30 AM DLB |
|
| | 04/28/1995 |
| NTC: ORD OF APPT |
| D |
1 |
0.00 |
|
| | DEFENDANT IS INCARCERATED; DEFENDANT IS NOT INDIGENT BUT |
|
| | IS UNABLE TO OBTAIN COUNSEL; DEFENDANT SHALL REIMBURSE |
|
| | THE STATE OF NM IN THE AMOUNT OF NO LESS THAN $250.00 FOR |
|
| | LEGAL REPRESENTATION AND RELATED EXPENSES; APPLICATION |
|
| | | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
|
| |
| |
| | FEE IS WAIVED. DLB |
06/05/1995 |
SCREENING ORDERED |
| D |
1 |
0.00 |
|
| |
| | DATE OF REFERRAL: 6-5-95 - THIS IS DAVID'S 4TH DWI - PLEA |
|
| | TO A 3RD AGGRAVATED. DLB |
|
| | 06/06/1995 |
| NTC: GUILTY PLEA PR0CEEDING |
D |
1 |
0.00 |
|
| |
| | DEFENDANT UNDERSTANDS THE CHARGES SET FORTH IN THE COMPLAINT |
UNDERSTANDS THE RANGE OF POSSIBLE SENTENCE FOR THE OFFENSES |
|
| | CHARGED, FROM A SUSPENDED SENTENCE TO A MAXIMUM OF: 364 DAYS |
|
| | JAIL AND A $1,000 FINE. DLB |
|
| | 06/06/1995 |
| NTC: PLEA & DISPOSITION AGREE |
D |
1 |
0.00 |
|
| |
| | DEFENDANT AGREES TO PLEAD GUILTY TO THE FOLLOWING OFFENSES: |
|
| | AGGDWI(3RD OFFENSE). DISPOSITION: STATE WILL RECOMMEND FOR |
|
| | DWI: 364/244=120 DAYS JAIL; TWO YEARS SUPERVISED PROBATION; |
|
| | RANDOM URINALYSIS; ALCOHOL SCREENING AND TREATMENT. |
|
| | DISMISSED: CARELESS, OPEN CONTAINER AND FELONY DWI. |
|
| | DLB |
07/26/1995 |
| NTC: OF HEARING |
| D |
1 |
0.00 |
|
| |
| | SCHEDULED TO APPEAR ON AUGUST 29, 1995 AT 1:30 PM DLB |
|
| | 08/29/1995 |
| COMMITMENT TO JAIL |
| D |
1 |
0.00 |
|
| |
| | DEFENDANT COMMITTED TO SERVE 90 MANDATORY DAYS IN JAIL TO |
|
| | COMMENCE ON SEPTEMBER 11, 1995 AT 1:30 PM. FINES AND FEES |
TO RUN CONCURRENT WITH JAIL TIME. MR. GARCIA WILL NEED TO |
|
| | TAKE A SPECIAL PILLOW WITH HIM TO JAIL. REQUIRES BOTTOM |
|
| | BUNK; WILL ALSO BE TAKING A HEART MONITOR MACHINE WITH HIM |
|
| | AND SOME MEDICATION (BACK PROBLEMS). DLB |
|
| | 08/29/1995 |
| COMMITMENT TO JAIL |
| D |
1 |
0.00 |
|
| |
| | HAVING BEEN CONVICTED OF AGGDWI(3RD OFFENSE) AND ASSESSED |
|
| | $750 FINE AND $147 COSTS = $897.00 TO BE PAID IN FULL BY |
|
| | 30 DAYS AFTER RELEASE FROM JAIL. DLB |
|
| | 08/29/1995 |
| NTC: J&S (JUDGMT & SENTENCE) |
D |
1 |
0.00 |
|
| | ON AUGUST 29, 1995, DEFENDANT APPEARED IN PERSON AND WITH |
|
| | DANA KANTER GRUBESIC, HIS ATTORNEY AND RICHARD SALAZAR |
|
| | APPEARED ON BEHALF OF THE STATE OF NEW MEXICO. DEFENDANT |
|
| | HAVING ENTERED A PLEA OF GUILTY OF THE FOLLOWING OFFENSES: |
|
| | AGGDWI (3RD OFFENSE); DEFENDANT BE COMMITTED TO RACDC-TA |
|
| | FOR 364/274 = 90 DAYS JAIL FOR THE CRIME OF AGGDWI (3RD |
|
| | OFFENSE); 90 DAYS ARE MANDATORY AND ARE NOT SUBJECT TO GOOD |
|
| | TIME; DEFENDANT IS ORDERED TO REPORT TO RACDC-TA BY NO |
|
| | LATER THAN 4:00 PM ON SEPTEMBER 11, 1995; SHALL PAY FINES: |
|
| | $750 FOR AGGDWI (3RD); SHALL PAY COURT COSTS/FEES; |
|
| | SUPERVISED PROBATION FOR TWO YEARS WITH THE FOLLOWING |
SPECIAL CONDITIONS: DEFENDANT WILL SUCCESSFULLY COMPLETE |
|
| | ALCOHOL TREATMENT PROGRAM RECOMMENDED BY RIO ARRIBA COUNTY |
|
| | SCREENER; DEFENDANT SHALL OBEY ALL LAWS AND COURT ORDERS; |
|
| | SHALL NOT POSSESS ALCOHOL OR FREQUENT WHERE SOLD; SHALL BE |
|
| | SUBJECT TO RANDOM URINALYSIS; DEFENDANT REESPONSIBLE FOR |
|
| | ALL FEES/PROBATION SCREENING, ETC.; IT IS FURTHER ORDERED |
|
| | THAT THE DEFENDANT'S CASH BOND IS TO BE APPLIED TO THE |
|
| | PAYMENT OF COURT COSTS, COURT FEES AND FINES; DEFENDANT IS |
|
| | ORDERED TO REPORT TO PROBATION SERVICES BEFORE 4:00 PM ON |
|
| | SEPTEMBER 5, 1995. DEFENDANT IS HEREBY COMMITTED TO THE |
|
| | CUSTODY OF RACDC-TA FOR IMPRISONMENT FOR A PERIOD OF 90 |
|
| | DAYS. DEFENDANT IS TO BE HOUSED ON A BOTTOM BUNK AND |
|
| | ALLOWED HIS MEDICAL PRESCRIBED PILLOW AND MEDIATION TO |
|
| | INCLUDE HEART MONITOR. DLB. |
08/29/1995 |
ASM: FINE |
| D |
1 |
750.00 |
|
| |
| | Count 1-1 ($750.00) ASM: FINE |
|
| | 08/29/1995 |
| ASM: CORRECTION FEE |
| D |
1 |
10.00 |
|
| |
| | Count 1-1 ($10.00) ASM: CORRECTION FEE |
|
| | | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
|
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 08/29/1995 |
| ASM: AUTOMATION FEE |
| D |
1 |
3.00 |
|
| | Count 1-1 ($3.00) ASM: AUTOMATION FEE |
|
| | 08/29/1995 |
| ASM: DUI LAB FEE |
| D |
1 |
35.00 |
|
| |
| | Count 1-1 ($35.00) ASM: DUI LAB FEE |
|
| | 08/29/1995 |
| ASM: TRAFFIC SAFETY FEE |
| D |
1 |
3.00 |
|
| | Count 1-1 ($3.00) ASM: TRAFFIC SAFETY FEE |
|
| | 08/29/1995 |
| ASM: DUI PREVENTION FEE |
| D |
1 |
75.00 |
|
| |
| | Count 1-1 ($75.00) ASM: DUI PREVENTION FEE |
|
| | 08/29/1995 |
| ASM: JUDICIAL EDUCATION FEE |
D |
1 |
1.00 |
|
| | Count 1-1 ($1.00) ASM: JUDICIAL EDUCATION FEE |
|
| | 08/29/1995 |
| ASM: CRIMINAL COURT COSTS |
D |
1 |
20.00 |
|
| |
| | Count 1-1 ($20.00) ASM: CRIMINAL COURT COSTS |
|
| | 08/29/1995 |
| ASM: JAIL PRISON |
| D |
1 |
|
| | Count 1-1 Jail Sentence 0 yr 0 month 364 days |
|
| | Count 1-1 Jail Sentence Credited 0 yr 0 month 274 days |
|
| | Count 1-1 Jail Sentence Served 0 yr 0 month 0 days |
|
| | 08/29/1995 |
| ASM: JAIL PRISON |
| D |
1 |
|
| |
| | Count 1-1 Jail Sentence 0 yr 0 month 364 days |
|
| | Count 1-1 Jail Sentence Credited 0 yr 0 month 274 days |
|
| | Count 1-1 Jail Sentence Served 0 yr 0 month 90 days |
|
| | 08/29/1995 |
| ASM: PROBATION |
| D |
1 |
|
| | Count 1-1 Probation Sentence 0 yr 0 month 364 days |
|
| | Count 1-1 Probation Agency: ADULT PROBATION & PAROLE DEPT.. |
|
| | 02/27/1996 |
| ASM: CASH BOND |
| D |
1 |
600.00 |
|
| |
| | $600.00 DLB |
|
| | 02/27/1996 |
| PMT: CASH BOND |
| D |
1 |
-600.00 |
|
| | $600.00 DLB |
|
| | 02/27/1996 |
| DBS: CASH BOND |
| D |
1 |
600.00 |
|
| |
| | $600.00 DLB VIA CHECK #1242 PAYABLE TO ANGIE M. GARCIA |
|
| | DLB |
|
| | 02/27/1996 |
| ADJ: CASH BOND |
| D |
1 |
-600.00 |
|
| | $600.00 DLB |
|
| | 02/27/1996 |
| ADJ: FINE |
| D |
1 |
-750.00 |
|
| |
| | $750.00 (FINES TO RUN CONCURRENT W/JAIL TIME) DLB |
|
| | 02/27/1996 |
| ADJ: CRIMINAL COURT COSTS |
D |
1 |
-20.00 |
|
| | ADJ $20.00 DLB |
|
| | 02/27/1996 |
| ADJ: DUI LAB FEE |
| D |
1 |
-35.00 |
|
| |
| | ADJ $35.00 DLB |
|
| | 02/27/1996 |
| ADJ: DUI PREVENTION FEE |
| D |
1 |
-75.00 |
|
| | ADJ $75.00 DLB |
|
| | 02/27/1996 |
| ADJ: AUTOMATION FEE |
| D |
1 |
-3.00 |
|
| |
| | ADJ $3.00 DLB |
|
| | 02/27/1996 |
| ADJ: CORRECTION FEE |
| D |
1 |
-10.00 |
|
| |
| | ADJ $10.00 DLB |
|
| | 02/27/1996 |
| ADJ: TRAFFIC SAFETY FEE |
| D |
1 |
-3.00 |
|
| | ADJ $3.00 DLB |
|
| | 02/27/1996 |
| ADJ: JUDICIAL EDUCATION FEE |
D |
1 |
-1.00 |
|
| |
| | ADJ $1.00 DLB |
|
| | | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
|
| |
| |
| | Register of Actions Activity |
|
| | Event Date |
| Event Description |
| P Type |
| P Num |
| Amt |
|
| | 02/27/1996 |
| ADJ: BENCH WARRANT FEE |
| D |
1 |
-100.00 |
|
| | ADJ $100.00 DLB |
|
| | 02/27/1996 |
| CLS: ALL OBLIGATIONS MET |
D |
1 |
0.00 |
|
| |
| | CASE CLOSED ALL OBLIGATIONS MET DLB |
|
| | 03/13/1996 |
| WAR: BENCH WARRANT ISSUED |
D |
1 |
100.00 |
|
| | FOR FAILURE TO APPEAR AS ORDERED BY THIS COURT ON 3-4-96; |
|
| | FAILURE TO PAY FINES OR COSTS PREVIOUSLY IMPOSED BY ORDER |
|
| | ENTERED AUGUST 29, 1995; DEFENDANT FAILED TO PAY FINES AND |
|
| | COSTS AND DEFENDANT MAY BE RELEASED UPON PAYMENT OF THE |
|
| | OUTSTANDING FINE AND COURT COSTS IN THE AMOUNT OF $897 PLUS |
|
| | A BENCH WARRANT FEE. DLB |
|
| | 04/28/1996 |
| WAR: BENCH WARRANT SERVED |
D |
1 |
0.00 |
|
| | BENCH WARRANT SERVED ON APRIL 28, 1996 BY DEPUTY BRIAN D. |
|
| | JAGLER RA-16. DLB |
|
| | 09/21/1996 |
| NTC: ORD TO SHOW CAUSE |
| D |
1 |
0.00 |
|
| |
| | SCHEDULED TO APPEAR ON MARCH 4, 1996 AT 9:30 AM FOR |
|
| | FAILURE TO PAY FINES AND COURT COSTS: FAILURE TO PAY FINES |
|
| | OF $897 DUE ON JANUARY 11, 1996. DLB |
