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6709 Lawyerdude: 805 815 3599. Lawyerdude@adelphia.net Click here for my links at the bottom of this page.
Charlie Sprinkle Transcripts. He won his case.
This page is http://ronfox.250free.com/6709.htm 1
Related pages:
Other transcripts: http://ronfox.250free.com/charlie.html
Charlie Sprinkle story on the Charlie Sprinkle page: http://www.fu.gq.nu/charlie.html
Links to all my successful students: http://www.circuitlawyer.8m.com/traffic.html
Charlie’s other transcript: http://ronfox.250free.com/6709.html
How to be politely assertive in court: http://www.circuitlawyer.8m.com/5537.html
Some highlights of these transcripts:
COURTROOM 10 HON. ARTURO F. GUTIERREZ, JUDGE
Courtroom 10 HON. RUBEN A. DE LA TORRE, JUDGE[Lawyerdude says: No, he is only a commissioner.]
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF VENTURA
3 COURTROOM 10 HON. ARTURO F. GUTIERREZ, JUDGE
4
5 PEOPLE OF THE STATE OF CALIFORNIA, )
)
6 Plaintiff, )
)
7 vs. ) No. 2002013441
)
8 CHARLES SPRINKLER, )
)
9 Defendant. )
___________________________________)
10
11 REPORTER'S TRANSCRIPT OF DIGITAL
RECORDED PROCEEDINGS
12
13 November 14, 2002
14
15
16 APPEARANCES:
17 For Defendant: CHARLES SPRINKLER
(805) 640-0439
18 In Propria Persona
19
20
21
22
23
24 TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151
Official Reporter
25 800 South Victoria Avenue
Ventura, California 93009
26 (805) 662-6652
27
28
2
1
2
3 MISCELLANEOUS INDEX
4
5 HEARING DATES: PAGE
6 NOV. 14, 2002 - P.M. SESSION 3
7 DEC. 5, 2002 - P.M. SESSION 5
8 DEC. 12, 2002 - A.M. SESSION 8
9 JAN. 10, 2003 - P.M. SESSION 11
3
1 VENTURA, CALIFORNIA; THURSDAY, NOVEMBER 14, 2002
2 P.M. SESSION
3 (DIGITAL NO. 2:44:40)
4 ---oOo---
5 THE COURT: Charles Sprinkler.
6 MR. SPRINKLER: Good morning, sir.
7 THE COURT: Good morning. Sir, you're charged
8 with misdemeanor driving without a license and failing
9 to appear in court. Do you want a lawyer to help you
10 out?
11 MR. SPRINKLER: No, sir.
12 THE COURT: How do you want to plead, sir?
13 MR. SPRINKLER: I want to, uh -- I filed a
14 motion here before the court, 5449 or 94 for an
15 extension of two weeks.
16 THE COURT: Sure. We'll continue the matter
17 two weeks, sir. That would be --
18 MR. SPRINKLER: How about the fifth, Thursday?
19 THE COURT: Is that on a Thursday, the when?
20 MR. SPRINKLER: Uh, Thursday, December the
21 5th.
22 THE COURT: December the 5th. Do you want to
23 come at 1:30, sir?
24 MR. SPRINKLER: That would fine, sir.
25 THE COURT: Continued to December 5th at 1:30.
26 See you then.
27 MR. SPRINKLER: How about the warrant, can I get --
4
1 THE COURT: The warrant's lifted and recalled,
2 sir.
3 MR. SPRINKLER: Thank you, sir.
4 THE COURT: Don't have to worry about getting
5 arrested.
6 MR. SPRINKLER: Thank you.
7 THE COURT: Okay.
8 ---oOo---
5
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF VENTURA
3 Courtroom 10 HON. RUBEN A. DE LA TORRE, JUDGE[Lawyerdude says: No, he is only a commissioner.]
4
5 PEOPLE OF THE STATE OF CALIFORNIA, )
)
6 Plaintiff, )
)
7 vs. ) No. 2002013441
)
8 CHARLES SPRINKLER, )
)
9 Defendant. )
___________________________________)
10
11 REPORTER'S TRANSCRIPT OF DIGITAL
RECORDED PROCEEDINGS
12
14
15
16 APPEARANCES:
17 For Defendant: CHARLES SPRINKLER
In Propria Persona
18
19
20
21
22
23
24 TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151
Official Reporter
25 800 South Victoria Avenue
Ventura, California 93009
26 (805) 662-6652
27
28
6
1 VENTURA, CALIFORNIA; FRIDAY, DECEMBER 5, 2002
2 P.M. SESSION
3 (DIGITAL NO. 02:00)
4 ---oOo---
5
6 THE COURT: Okay Mr. Sprinkler. Charles
7 Sprinkler.
8 All right. Did you finish reading,
9 understanding and signing the form?
10 MR. SPRINKLER: Yes, sir, I've taken care of
11 that.
12 THE COURT: All right. Go ahead, submit it to
13 the bailiff. I'll accept it and file it. You are now
14 representing yourself.
15 MR. SPRINKLER: What was the number on that format again for the --
17 THE COURT: 1054.
18 MR. SPRINKLER: 1054.
19 THE COURT: Agree.
20 MR. SPRINKLER: All right.
21 THE COURT: -- penal code.
22 MR. SPRINKLER: Thank you, sir.
[ Lawyerdude says: They are talking about the “discovery” statute, penal code section 1054, very useful.]
23 THE COURT: It's very easy to read. Sets it all up for you. Just follow exactly what is stated there. So a not guilty plea is entered, jury trial is set January 10, 9 o'clock, Courtroom 13; last day
28 January 21. Okay.
7
1 MR. SPRINKLER: Jury trial when?
2 THE COURT: January 10, 9 o'clock, Courtroom 14. Last day January 21. So don't waste any time. For 1054 you must give informal notice to the D.A. 15 days. So do that today.
6 MR. SPRINKLER: Okay.
7 THE COURT: All right, thank you. Good luck to you. Read the section, though.
8
1 VENTURA, CALIFORNIA; WEDNESDAY, DECEMBER 12, 2002
2 A.M. SESSION
3 ---oOo---
4 (DIGITAL NO. 11:33:56 A.M.)
5 THE COURT: All right. Charles Sprinkler. All right, sir, you're currently set for jury trial on
7 January 10th, 9 o'clock, Courtroom 14.
8 Okay, what is your request?
9 MR. SPRINKLER: Uh, I filed a demurrer on the third. That matter hasn't been taken care of. I don't think you realized it the other day when I was in on the fifth.
13 THE COURT: Weren't you the one asking for an indefinite continuance last time.
15 MR. SPRINKLER: Not indefinite, no.
16 THE COURT: I'm quoting you, because you did say indefinite.
18 MR. SPRINKLER: Maybe the papers did I'm sure. But there is no such thing as an indefinite.
20 THE COURT: I know, that's what I told you.
21 MR. SPRINKLER: ... (indiscernible) ... Page
22 2.
23 THE COURT: We didn't rule on your demurrer?
24 MR. SPRINKLER: No, sir.
25 THE COURT: You ready to argue your demurrer right now?
27 MR. SPRINKLER: No, sir.
28 THE COURT: When will you be ready?
9
1 MR. SPRINKLER: Did you say when?
2 THE COURT: Yes.
3 MR. SPRINKLER: ... (indiscernible) well, I have to have -- I have to have the -- the, uh, D.A.'s answer before I can get ready to argue.
6 THE COURT: All right. Well, being it's already set for jury trial, renew your demurrer motion on the trial date and have it heard then. Then, depending what happens, you can proceed to trial. Okay. But you're set for January 10th at 9 o'clock, Courtroom 14.
[Lawyedude says: De La Torre is a hot headed Mexican. Here he is jamming up Charlie. I think that the proper thing to say is “Your honor, I watched the O.J. trial. I did not ever see Judge Ito say to Johnny Cochran “We will do all your motions on the morning before your trial”. I deserve equal protection under the law. Equal to what O.J. gets. I don’t want to do my motions on the morning of trial. That is too much on my mind. I want a separate day for each motion.”
12 MR. SPRINKLER: You're not going to change anything then?
14 THE COURT: No.
15 MR. SPRINKLER: Okay. So --
16 THE COURT: Good luck.
17 MR. SPRINKLER: ... (indiscernible) best I can
18 today.
19 THE COURT: All right.
20 MR. SPRINKLER: Thank you.
21 THE COURT: Be sure to read the sections I
22 told you to read --
23 MR. SPRINKLER: Yes, sir.
24 THE COURT: -- regarding the --
25 MR. SPRINKLER: Yes, sir, I -- I put in the application. I'm still being ignored.
27 THE COURT: Well, at least you're following
28 the structure set. At least you're following the
10
1 structure set in the penal code, which is to your
2 advantage.
3 MR. SPRINKLER: I'm trying hard.
4 THE COURT: All right, thank you. Good luck.
5 ---oOo---
6 11
1 VENTURA, CALIFORNIA; FRIDAY, JANUARY 10, 2003
2 P.M. SESSION
3 ---oOo---
4 (DIGITAL NO. 2:00:52)
5 THE COURT: ... Sprinkler.
6 MR. SPRINKLER: How you doing, sir.
7 THE COURT: Okay. Let's see. Here for
8 driving without a license and a failure to appear.
9 MR. SPRINKLER: I filed a demurrer for this and I haven't had an answer from the D.A.'s office yet.
11 Ball's in his court.
12 THE COURT: All right. So you're ready for
13 argument today?
14 MR. SPRINKLER: Yes, sir.
15 THE COURT: All right, go ahead.
16 MR. SPRINKLER: The, uh, demurrer speaks for
17 itself, sir.
18 THE COURT: Okay. So you don't have any
19 further argument?
20 MR. SPRINKLER: Not anything other than what's
21 printed in the book -- in the demurrer. Anything I
22 could say would be the same thing.
23 (Long pause.)
24 THE COURT: All right. Essentially the basis
25 of your demurrer is that the facts stated do not
26 constitute a public offense; in addition the not for
27 hire argument cited; constitutional clauses, common law
28 defenses and several cases you've cited in your moving
12
1 papers.
2 Any further argument?
3 MR. SPRINKLER: I didn't -- I didn't
4 understand a word you said.
5 THE COURT: Basically what I said was that I
6 read your paperwork. You've cited several articles of
7 the constitution. You've cited several common law
8 defenses, you've cited several cases to support your
9 argument. But the bottom line is that the argument is
10 that the facts stated do not constitute a public
11 offense. So anything else you would like to add?
12 MR. SPRINKLER: Uh, where do we go from here?
13 THE COURT: Okay. Well, I need to make a
14 decision as to your demurrer.
15 MR. SPRINKLER: Okay.
16 THE COURT: You don't have any more argument so your demurrer is overruled. So now we proceed to the arraignment.
19 MR. SPRINKLER: Okay. I have a motion --
20 okay, then, I have a motion filed before the court, uh,
21 for suppression of evidence or what --
22 THE COURT: All right. So you want to notice
23 a 1538.5? Okay, what else? A 1538.5 Penal Code motion,
24 right, motion to suppress evidence?
25 MR. SPRINKLER: Yeah, 53 -- uh, 15 --
26 THE COURT: -- 38.
27 MR. SPRINKLER: -- 38.5, right.
28 THE COURT: Correct. All right, what else?
13
1 MR. SPRINKLER: That's on file. That's to be heard on the 6th of February?
3 THE COURT: Is there an outstanding date for
4 the 1538 --
5 THE CLERK: No.
6 THE COURT: No?
7 THE CLERK: No. Uh, a jury trial request for
8 ... indiscernible.)
9 THE COURT: All right. So the next step is for you to enter a plea of not guilty, we'll set it for a 1538.5 motion/jury trial.
12 MR. SPRINKLER: When's the jury trial?
13 THE COURT: Well, first will be the 1538.5
14 motion, and --
15 MR. SPRINKLER: Right.
16 THE COURT: -- let's schedule that for
17 February 14th. And then the jury trial would follow
18 thereafter.
19 MR. SPRINKLER: You're putting this down for
20 February the 14th?
21 THE COURT: Yes.
22 MR. SPRINKLER: Okay.
23 THE COURT: All right. So a not guilty plea
24 is entered.
25 MR. SPRINKLER: Not guilty, jury trial.
26 THE COURT: 1538.5 is informally noticed. You
27 need to give proper notice to the District Attorney's
28 office, okay?
14
1 MR. SPRINKLER: I didn't understand you.
2 THE COURT: You must give notice to the
3 District Attorney's office.
4 MR. SPRINKLER: I have got to give these
5 notice --
6 THE COURT: Notice to the District Attorney's
7 office.
8 MR. SPRINKLER: For what?
9 THE COURT: For the 1538.5.
10 MR. SPRINKLER: Oh, I'm to give him the notice
11 that this is to be heard on the 14th?
12 THE COURT: Yes.
13 MR. SPRINKLER: Okay.
14 THE COURT: So --
15 MR. SPRINKLER: I'm glad to know what I'm
16 supposed to be doing.
17 THE COURT: All right. So 1538.5/jury trial
18 is set for February 14, 9 o'clock, Courtroom 14. Last
19 day is February 24th.
20 MR. SPRINKLER: My jury trial is scheduled for
21 when?
22 THE COURT: February 14th.
23 MR. SPRINKLER: We're going to hear this and a
24 jury trial on the same date?
25 THE COURT: You're first going to proceed with
26 the 1538.5 motion to suppress.
27 MR. SPRINKLER: What if it doesn't lie?
28 THE COURT: Then you proceed to a jury trial.
15
1 MR. HOLMES: I intend to appeal. [Lawyerdude says: Who is Holmes? The prosecutor?
2 THE COURT: Then after conviction then you may exercise your appellate rights.
4 MR. SPRINKLER: After conviction?
5 THE COURT: Yes. There's nothing to appeal --
6 MR. SPRINKLER: I can't -- I can't --
7 THE COURT: -- (overlapping voices.)
8 MR. SPRINKLER: This is a motion to suppress.
9 THE COURT: Well --
10 MR. SPRINKLER: I have the option to appeal
11 that decision if it goes badly.
12 THE COURT: Well, you know what you can do
13 between now and February 14th? Explore all your legal
14 remedies. But, yes, you will first have the 1538.5
15 motion followed by the jury trial. Okay?
16 MR. SPRINKLER: We're going to hear
17 suppression after the jury trial?
18 THE COURT: No, before. February 14th you're
19 going to have your motion to suppress.
20 MR. SPRINKLER: And the same day we're going
21 to have the trial?
22 THE COURT: After the motion you will then
23 proceed to a jury trial, yes.
24 MR. SPRINKLER: No opportunity to appeal?
25 THE COURT: You can ask for a continuance
26 should your 1538.5 motion --
27 MR. SPRINKLER: I gotcha.
28 THE COURT: -- be denied, you can ask for it
16
1 to be continued.
2 MR. SPRINKLER: Thank you, sir.
3 THE COURT: So you can appeal it.
4 All right. Thank you. Good luck.
5 MR. SPRINKLER: Have a good weekend.
6 THE COURT: You too. Have a good new year.
7 ---oOo---
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF VENTURA
Court # 10 HON. ARTURO F. GUTIERREZ, JUDGE
HON. RUBEN A. DE LA TORRE, JUDGE
Lawyerdude says: well, which is it?
PEOPLE OF THE STATE OF CALIFORNIA, )
)
Plaintiff, )
)
vs. ) No. 2002013441
)
CHARLES SPRINKLER, ) REPORTER'S
) CERTIFICATE
Defendant. )
___________________________________)
I, MARTIN Y. HECKERMAN, CSR 1151, Certified
Shorthand Reporter of the State of California, for the
County of Ventura, do hereby certify that the foregoing
pages numbered 3 through 16, inclusive, are a full, true
and correct transcript of the digital recorded testimony
and/or proceedings held on November 14, December 5, 12,
2002, and January 10, 2003, in the above-entitled cause,
and that said digital recorded proceedings were
transcribed by me to the best of my ability.
Dated at Ventura, California, this 24th day of
February, 2003.
__________________________________
MARTIN Y. HECKERMAN, RPR, CSR 1151
Official Reporter
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