Former therapist pleads guilty to a stipulated term of 5 years and 8 months

Trial confirmation and hearing on a 995 motion was scheduled for former therapist Edward Pena this morning.

"We may have a resolution that obviates the need for the 995 motion, " said Deputy Public Defender Wade Orbelian, Pena's attorney.

Deputy District Attorney Roger Rees, the prosecutor for the case, agreed with Mr. Orbelian that Count 10 is not a strike offense. Judge Kaleb Cockrum took Pena's plea.

Pena pleaded guilty to Count 1, felony, first degree residential burglary with person present for a stipulated term of 4 years. Count 6, criminal threats towards Jane Doe 2 and Count 7 criminal threats towsrds Jane Doe 3. Count 6 and 7 were felonies reduced to misdemeanors as part of the plea agreement. Sentence for Count 6 and 7 was one year each and to be served concurrently. Count 10 felony, exhibiting a deadly weapon to law enforcement, sentence of one year to be served consecutively. Count 12, felony  evading a law enforcement officer, a was for a stipulated term of 8 months to be served consecutively.

The 995 motion was moot and jury for July 27 was vacated. Stipulated term of 5 years and 8 months.

Pena pleaded guilty to 5 counts which included three felonies. Two other felonies were . The other 9 counts were dismissed.

Pena waived all custody credits "upto today." He also waived his right to appeal on outstanding legal issues which are the 995 motion and mental health diversion.

Sentencing is on August 10. Arbuckle waiver was entered.



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