ON September 19, 2011, Com. Brad Miles Fox of Department P of the Torrance Superior Court sentenced a Filipino nurse to disturbance of the peace infraction and dismissed the misdemeanor petty theft charge, pursuant to a delayed-sentence plea agreement with the Torrance City Attorney.
This Author represented the defendant Filipino nurse, whose identity is withheld to protect his privacy and maintain confidentiality. He has agreed to the publication of this article so that others may not commit the same crime.
As described by the Torrance Police, the crime of petty theft for items worth $144 in violation of California Penal Code Section 484(a) was most likely committed by the well-paid Filipino ER nurse “for the thrill of it”.
It was simply bad judgment that resulted in an arrest, misdemeanor complaint, plea of no contest to Penal Code Section 484(a) and Section 415(a) on disturbance of peace, and delayed sentencing.
Terms of plea of agreement with Torrance City Attorney
With the no-contest pleas to petty theft (PC § 484(a) and disturbance of the peace (PC § 415(a), the defendant Filipino nurse further agreed to the following terms and conditions of the plea agreement, approved by the Court, for the petty theft charge to be dismissed and only the disturbance of the peace plea remain:
pay Court fine in the sum of $300, in addition to the $398 booking charge previously paid to the Torrance Police Department; perform 120 hours of community service, and submit certificate of completion; not commit any new crime; stay away from Torrance Costco, where the crime was committed.
Com. Brad Miles Fox accepted the pleas and stated the above-listed terms and conditions of the delayed-sentence plea agreement with Asst. City Prosecutor Jocelyn Poblete, at the arraignment on March 16, 2011.
Sentencing to infraction and lesson learned
On September 19, 2011, this Author and the Filipino nurse appeared before Com. Brad Miles Fox of Department P of the Torrance Superior Court for the sentencing.
The Volunteer Center South Bay had previously filed with the Court the certificate of completion of the 120 hours of community service performed by the defendant-Filipino nurse at Beaches & Harbors-Knob Hills, City of Los Angeles.
He had also complied with all the terms and conditions of the delayed sentencing agreement.
So, Com. Brad Miles Fox simply told the defendant Filipino nurse that he is sentenced to infraction disturbance of the peace (PC § 415(a) and dismissed the petty theft charge.
An infraction simply requires payment of fine which was done by the defendant Filipino nurse. Although he did community service, that was part of the plea agreement to dismiss the misdemeanor petty theft charge.
Although he is convicted of an infraction disturbance of the peace, he was arrested for and charged with misdemeanor petty theft, a crime involving moral turpitude. That remains part of his criminal record.
It remains to be seen what action the California Board of Registered Nursing will take. It had already obtained information on his arrest for petty theft shoplifting. And, through this Author, he responded to the inquiry of the Board.
The moral of this story is: the cliché that “crime does not pay” should be followed by everyone, rich or poor.
* * *
Roman P. Mosqueda has practiced criminal defense and Immigration law for over 20 years. He is a long-time member of the California Public Defenders Association. , and trained as a prosecutor with the Los Angeles City Attorney under the Trial Advocacy Program of the Los Angeles County Bar Association. He is also a volunteer, State-Bar trained arbitrator on attorney’s fees dispute resolution. Send comments or inquiries to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or call (213) 252-9481 for free consultation appointment, or visit his website at www.mosquedalaw.com
(Advertising Supplement)
(www.asianjournal.com) (LAWeekend Nov.26, 2011 Sec C pg.05)
| < Prev | Next > |
|---|
