Mr. Ryan Plotz appeared for the City of Eureka.
I posted previously that the City of Eureka was seeking jail time for the cases they won against Dane Carr.
The defense lost their motion for a new trial and their application for transfer.
Judge Marilyn Miles lifted the stay on sentencing.
Carr's attorney Ms. Rain tried to advocate for him saying he had not been in trouble, had stable housing now, and would not be sleeping in public.
Judge Miles explained that by refusing probation which she had offered and urged Carr to accept, she no longer had jurisdiction. And since the transfer had been denied by Court of appeals because it was untimely, she had no option but to lift the stay.
Today Verbena and a couple othera were in Courtroom 2 to support Dane Carr.
Tracy Rain is representing Carr. Total days in jail are 140 to be served consecutively for 7 cases. In two other cases, he was sentenced to two days and had two days credits so "no time was owed in those cases."
Carr refused probation and today refused SWAP. The commit date is September 26 at 9 a.m.
Related post (with other links):
http://johnchiv.blogspot.com/2015/06/fire-outside-legal-staff-deputy-city.html?m=1
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