Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya

Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya
Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya

Friday, February 6, 2015

Summary of sentencing transcript 12/15/2014 - Gary Michelson criminal trial

Based on this transcript it's pretty clear charge should have been reduced to misdemeanor and then dismissed. Judge Craig Richman could have done that at his discretion but he chose not to. He chose not to because he didn't want to rock the boat. Now the ball is in the court of appeals. He can wash his hands of it now. It doesn't affect him at all if the sentence is reversed. 

You can check the appeal docket for this case here. 


These are the justices for this case. 


SUMMARY OF SENTENCING TRANSCRIPTS DEC. 15TH 2014

Page 3:  Judge:   THE DEFENDANTS WERE CONVICTED OF ONE,
1 COUNT, A VIOLATION OF PENAL CODE SECTION 487
2 SUBDIVISION A, THAT'S GRAND THEFT OVER $400. THE
3 ALLEGATION -- I'M NOT GOING TO SAY THE ALLEGATIONS.
4 THE BODY OF THE COUNT ALLEGED THAT THE LOSS WAS OVER
5 $300,000. THAT, IN AND OF ITSELF, CREATES AN ISSUE
6 THAT WE HAVE TO ADDRESS, AND WE'VE DISCUSSED THAT TO
7 AN EXTENT.

Page 10: Knowles: AND THE THIRD PAGE OF THAT EXHIBIT
3 INDICATES THAT THERE ARE A NUMBER OF THINGS MADE
4 THROUGHOUT YEAR AND THE THIRD PAGE OF THAT EXHIBIT
3 INDICATES THAT THERE ARE A NUMBER OF THINGS MADE
4 THROUGHOUT YEAR REGARDING MAINTENANCE.


Page 13:  Judge:  VAGUENESS OF HOW MUCH MONEY WAS SENT DOWN THERE. WE
2 DO HAVE ESTIMATES FROM MR. COHEN NOT ON THE LOW SIDE OF
3 20 MILLION DOLLARS TO DR. MICHELSON'S ON THE HIGH SIDE
4 OF $35 MILLION, AND I THINK THAT THAT VAGUENESS WORKED
5 TO THE PEOPLE'S -- I'M SORRY, TO THE DEFENSE ADVANTAGE
6 IN THIS PARTICULAR CASE. AND I WILL CONSIDER THAT
7 ISSUE AS I GO FORWARD. BUT AS FAR AS THE SPEEDY TRIAL
8 MOTION, IT IS DENIED. I DO NOT BELIEVE THAT THE
9 DEFENSE HAS SUFFERED PREJUDICE AS A RESULT.

Page 13:  Judge:  SO WE HAVE THE ISSUE CONCERNING A QUESTION
25 OF HOW MUCH MONEY WAS INVESTED. WE HAVE THE LOW END
26 OF $20 MILLION. WE HAVE THE HIGH END OF $35 MILLION.
27 WE HAVE AN AMOUNT THAT IS STATED IN THE BODY OF THE
28 CHARGE, ALTHOUGH I DON'T KNOW IF THE JURY NECESSARILY

Page:14
1 NEEDED TO OR DID MAKE A FINDING ON THAT PARTICULAR
2 AMOUNT AS OPPOSED TO WHETHER THE JURY MERELY CONCLUDED
3 THAT THE AMOUNT EXCEEDED $400 WHICH WAS THE

Page 14-15:   Judge:  SO I'M GOING TO ASK THE PEOPLE, AT THIS
25 POINT IN TIME, IF THEY BELIEVE THAT DR. MICHELSON IS
26 ENTITLED TO A RESTITUTION ORDER FOR THAT STATED AMOUNT
27 IN THE BODY OF THE CHARGE, AND IF, SO WHY, AND IF NOT,
28 WHY AND WHAT AMOUNT.
14
1 DO YOU UNDERSTAND MY INQUIRY?
2 MR. KNOWLES: YES TO THE FIRST PART BECAUSE
3 THE CONSTITUTIONAL STATUTE REQUIRED IN ORDER TO HAVE A
4 LEGAL SENTENCE, FIRSTLY.
SO IN TERMS OF THE LOSS, WHEN SOMEBODY LIED
23 TO DR. MICHELSON AND HE AGREED AND EVENTUALLY DID PAY
24 THE RECOMMENDED AMOUNT, EVERY ONE OF THOSE DOLLARS IS
25 STOLEN UNDER THAT THEORY. IN TERMS OF RESTITUTION,
26 HOWEVER, HE STILL OWNS SOME PROPERTY AND HIS ECONOMIC
27 LOSS IS A LITTLE HARD TO FIGURE.
Page 19:  THE COURT: AND THE DEFENSE, TO A LARGE
8 EXTENT, RELIED ON MR. MARTEN ALSO. MR. MARTEN
9 TESTIFIED AND PREPARED A NUMBER OF DIFFERENT DOCUMENTS
10 WHICH REFLECTED THE VALUE OF THE PROPERTIES PURCHASED
11 IN, I THINK IT WAS, 2008 BETWEEN THE LOW OF $50
12 MILLION AND HIGH OF 75 OR CLOSE TO $80 MILLION.
13 MR. KNOWLES: YES.
14 THE COURT: AND TESTIFIED THAT MR. -- I KEEP
15 MAKING THIS MISTAKE -- THAT DR. MICHELSON ATTEMPTED TO
16 SELL THE PROPERTIES IN 2008 BUT WAS NOT ABLE TO DO SO
17 BECAUSE OF A CONDITION THAT DR. MICHELSON PLACED ON
18 THE SALE OF THE PROPERTIES THAT THE BUYER HAD TO BUY
19 THE PROPERTIES IN CASH. DO YOU REMEMBER THIS
20 TESTIMONY?
21 MR. KNOWLES: I DO.

Page 21-22:   MR. KNOWLES: IT ENDED UP SELLING FOR WHAT
2 HE THOUGHT IT MIGHT HAVE BEEN ABLE TO SELL FOR IN 2008
3 AND '9 WHEN HE WAS PUTTING THE VARIOUS ESTIMATES
4 TOGETHER. AND HIS ESTIMATES ARE NOT CONSISTENT
5 PRECISELY WITH ONE ANOTHER EITHER.
6 THE COURT: AND HIS -- JUST SO I REMEMBER,
7 MY RECOLLECTION OF THE FINAL CLOSE OUT OF
8 DR. MICHELSON WAS SOMEWHERE AROUND $32 MILLION WITH
9 STILL PROPERTY IN HIS POSSESSION; IS THAT CORRECT?
10 MR. KNOWLES: APPROXIMATELY, BUT I DON'T
11 REMEMBER PRECISELY.
12 THE COURT: AM I --
13 MR. KNOWLES: YOU'RE IN THE BALLPARK.
14 THE COURT: -- BALLPARK ON THAT?
15 SO DR. MICHELSON CASHED OUT $32 MILLION,
16 STILL OWNS HOW MANY HECTARES?
17 MR. KNOWLES: I DON'T REMEMBER.
18 MR. MICHAELS: 5,000 ACRES.
19 MR. KNOWLES: ROUGHLY 5,000 Hectares.
20 THE COURT: AND YOU'RE TELLING ME THAT ALL
21 THOSE 5,000 ACRES -- AND I WASN'T CLEAR ON THIS IN THE
22 TRIAL AND I'M STILL NOT CLEAR ON THIS, BUT ALL OF
23 THESE 5,000 ACRES WERE THE SUBJECT OF COUNT 46/3?
24 MR. KNOWLES: ONLY SOME OF THEM, NOT ALL OF
25 THEM.
26 THE COURT: ALL RIGHT. AND WHEN YOU SAY
27 UNABLE TO SELL BECAUSE -- AND I WROTE THIS DOWN IN A
28 QUOTE. THIS IS SOMETHING I'VE BEEN CHOKING ON FOR
21
1 QUITE SOME TIME -- IS IT UNABLE TO SELL OR UNWILLING
2 TO SELL?
3 MR. KNOWLES: UNABLE.
4 THE COURT: AND WHAT IS THAT BASED ON?

Page 24:  MR. KNOWLES: EVENTUALLY MR. COHEN BECAME
11 INVOLVED, BUT DR. MICHELSON WAS INVOLVED IN THE
12 DECISION, EVERY DECISION ALONG THE WAY UNTIL WE GET
13 INTO MR. COHEN'S INVOLVEMENT IN 2005.
14 THE COURT: DID MR. COHEN DO ANYTHING TO
15 LOOK BACK IN HINDSIGHT OF WHAT WAS GOING ON OR HAD
16 BEEN GOING ON?
17 MR. KNOWLES: HE TESTIFIED FAIRLY
18 EXTENSIVELY THAT, 2005, HE WAS NOT I INVOLVED WITH
19 VERY MUCH THAT HAPPENED BEFORE 2005.
20 THE COURT: WHERE DID HE COME UP WITH THE
21 $20 MILLION FIGURE THAT HE TESTIFIED TO?
22 MR. KNOWLES: 18 1/2 MILLION DURING THE YEAR
23 2005. THAT'S WHAT HE TESTIFIED TO.

Page 26-27; THE COURT:  THEN WE HAVE MR. COHEN'S $20 MILLION, AND
24 THEN WE HAVE MR. MARTEN'S ESTIMATES OF THE PROPERTIES
25 IN 2008 WHICH I WILL ASSUME, FOR THE SAKE OF
26 DISCUSSION, IS THE HEIGHT OF THE ECONOMY AT THAT POINT
27 IN TIME. AND MR. --
28 MR. KNOWLES: I CAN'T EVEN MAKE A
26
1 RECOMMENDATION ABOUT COSTA RICA. I KNOW THERE WAS A
2 GLOBAL SHUT DOWN.
3 THE COURT: THAT'S WHAT MR. MARTEN TESTIFIED
4 TO, THE BOTTOM FELL OUT OF THE ECONOMY IN COSTA RICA
5 ABOUT THE SAME TIME IT FELL OUT OF THE ECONOMY HERE IN
6 THE UNITED STATES AND, I GUESS, GLOBALLY. SO
7 MR. MARTEN ESTIMATES THE PROPERTY BETWEEN A LOW OF $50
8 MILLION AND A HIGH OF $75-PLUS MILLION. I THINK HE
9 MAY HAVE GONE AS HIGH AS 78 OR 79 MILLION DOLLARS.
10 AND HE INDICATED, AT THAT POINT IN TIME, DR. MICHELSON
11 TRIED TO SELL THE PROPERTY BUT WAS, AGAIN, UNABLE TO
12 DO SO, ACCORDING TO MR. MARTEN, BECAUSE OF THE
13 CONDITION THAT DR. MICHELSON WANTED CASH. I'LL ASSUME
14 FOR THE SAKE OF DISCUSSION THAT WE'RE TALKING ABOUT
15 CASH VERSUS TRADE AS OPPOSED TO SOME OTHER REASON.
16 BUT THE WORD "UNABLE" WAS USED IN THAT
17 CONTEXT ALSO WHICH -- THERE IS A REASON WHY I'M SO
18 TROUBLED ABOUT THE SAME USE OF THE WORD WITH THE 5,000
19 REMAINING ACRES.
20 AND THEN MR. MARTEN IS DR. MICHELSON'S
21 PERSON THAT HE HIRES. THE PEOPLE'S WITNESS IN THIS
22 MATTER TESTIFIES THAT, ULTIMATELY, THE PROPERTY IS
23 SOLD FOR THE $32 MILLION THAT WE HEARD ABOUT EARLIER…..  HE WAS THE PEOPLE'S WITNESS. HE
27
1 IS DR. MICHELSON'S HANDPICKED MANAGER --

Pages 35-41:  THE COURT: I. WELL OKAY. LET'S LOOK AT IT
5 THE WAY I'M LOOKING AT IT, OKAY, BECAUSE I'M THE ONE
6 WHO IS ULTIMATELY GOING TO SENTENCE. THIS IS MY
7 CONCERN, IF I HAVEN'T MADE IT CLEARER THAN I THOUGHT
8 I'VE ALREADY MADE IT: THE JURY HAS FOUND A THEFT -- A
9 GRAND THEFT OVER $400. OKAY. AND POTENTIALLY, THE
10 PEOPLE'S POSITION IS OVER $700,000.
11 ALL RIGHT. MY CONCERN IS I DON'T KNOW WHAT
12 THE JURY FOUND. I DON'T KNOW WHETHER THE JURY FOUND
13 $700,000 OR THE JURY FOUND OVER $400. AND I STATED, I
14 BELIEVE, ON THE RECORD AT THE TIME -- AND I CONTINUE
15 TO BE BAFFLED BY THE JURY'S VERDICT. IT SEEMED TO BE
16 INCONSISTENT. NOW, THE CASE AUTHORITY IS FULL OF
17 INCONSISTENT VERDICTS AND REPEATEDLY INDICATES THAT
18 THEY'RE OKAY. SO I'LL ACCEPT THE REALITY OF THAT.
19 UNFORTUNATELY, I HAVE PROPOSITION 47 THAT
20 WAS THROWN INTO THE MIDDLE OF THIS MESS, AND I HAVE NO
21 GUIDANCE WHATSOEVER HOW, IF AT ALL, PROPOSITION 47
22 FITS INTO THIS SITUATION. I HAVE NO IDEA WHETHER
23 WE'RE DEALING WITH LEAST ADJUDICATED ELEMENTS. I HAVE
24 NO IDEA WHETHER WE CAN GO BEHIND THE RECORD, WE CAN
25 LOOK AT THE INFORMATION AND ASSUME, FOR THE SAKE OF
26 DISCUSSION, THAT THE JURY CONCLUDED THAT THE AMOUNT OF
27 THE LOSS WAS $700,000. BECAUSE OF THE STATE OF THE
28 RECORD BEYOND THAT IS CONFUSING TO ME AS TO WHAT

Page :36
1 DR. MICHELSON'S LOSS IS.
2 AND THE REASON WHY I'M CONCERNED ABOUT WHAT
3 HIS LOSS IS, IS NOT SO MUCH RESTITUTION. IT'S DECIDING
4 WHETHER PROPOSITION 47 APPLIES TO THIS CASE OR NOT.
5 BECAUSE I DON'T KNOW, AGAIN, WHETHER THE JURY FOUND
6 THE AMOUNT OF THE LOSS WAS $700,000 OR OVER $400.
7 MR. KNOWLES: PROPOSITION 47 DOES NOT
8 AFFECT -- 47 SUBDIVISION A, IT DOES NOT EFFECT -- 47
9 SUBDIVISION A -- I CAN'T SAY IT ANY MORE CLEARLY.
10 I PUT IT IN WRITING, SAID IT TWICE HERE. IT WAS NOT A
11 PART OF 47 -- PROPOSITION 47.
12 490.2 OF THE PENAL CODE IS THE PART OF
13 PROPOSITION 47 THAT COULD, ARGUABLY, APPLY HERE. THE
14 REST OF IT HAS NO CONNECTION TO THIS AT ALL. IT'S
15 DRUGS AND SOME OTHER STUFF.
16 487, SEVERAL SUBDIVISIONS WERE AFFECT.
17 487(A) WAS NOT AFFECTED. THE ONE AREA THAT'S GRAY,
18 THAT HAS NOT BEEN DECIDED AND PROPOSITION 47 DOES NOT
19 ANSWER THE QUESTION, IS WHAT DO YOU DO WITH SOMEBODY
20 WHO HAD BEEN CONVICTED IN THE PAST GRAND THEFT UNDER
21 THESE CIRCUMSTANCES.
22 THE COURT: WHICH WOULD NOW BE A PETTY
23 THEFT.
24 MR. KNOWLES: WHICH NOW WOULD BE A PETTY
25 THEFT.
26 THE COURT: AND THAT'S THE SITUATION I'M
27 DEALING WITH.
28 MR. KNOWLES: NO, NOT NECESSARILY.

Page; 37
1 IF YOU WERE CONVICTED AFTER THE LAW WAS
2 CHANGED TO $950, FOR A $400 LIMIT, YOU CAN SAY PLEASE
3 RESENTENCE ME. BUT THE LAW CHANGED IN 2011, JANUARY
4 2011. SO IF YOU WERE CONVICTED IN 2009 OF A VIOLATION
5 FROM 2008 AND NOW PROP 47 SAYS YOU CAN GO BACK AND ASK
6 FOR RESENTENCING, THAT'S NOT WHAT WE HAVE HERE, FIRST.
7 THE COURT: SO IT'S PEOPLE'S POSITION THAT A
8 THEFT IN 2000 -- FOR THE SAKE OF RANDOM SELECTION --
9 OF $850 WHICH NO LONGER WOULD BE A GRAND THEFT UNDER
10 THE CURRENT STATE OF CALIFORNIA LAW, IS NOT AFFECTED
11 BY PROPOSITION 47?
12 MR. KNOWLES: SOMEBODY CAN BE ASKED TO BE
13 RESENTENCED, AND THAT ANSWER IS NOT CLEAR, WHETHER OR
14 NOT THEY HAVE THAT RIGHT.
15 THE COURT: I AGREE IT'S NOT CLEAR.
16 MR. KNOWLES: IF IT WAS $800 OF AVOCADOS OR
17 GUNS, THE ANSWER SEEMS TO BE CLEAR. YES, YOU DO GET
18 TO ASK FOR RESENTENCING. BUT IT DIDN'T TOUCH THEFT OF
19 MONEY. SO IT'S AN OPEN QUESTION.
20 THE COURT: OKAY.
21 MR. KNOWLES: BUT WE DON'T HAVE THE FACTUAL
22 PROCEDURAL SITUATION WHICH IS ANALOGOUS.
23 AND TO FURTHER ANSWER THE QUESTION, THE
24 JURY'S VERDICT IS PRETTY CLEAR. WE SKIMMED OVER IT
25 ABOUT 20 MINUTES AGO OR A LITTLE BIT MORE. BUT.
26 "IS GUILTY OF THE CRIME OF GRAND
27 THEFT OF PERSONAL PROPERTY IN
28 VIOLATION PENAL CODE SECTION 487(A),

Page:38
1 A FELONY, AS CHARGED IN COUNT 3 OF
2 THE INFORMATION."
3 THEIR COUNT 3 ALLEGED -- OUR 46 -- $759,600.
4 THE COURT: IT ALSO DEFINED TRACKS OR
5 PROPERTY.
6 MR. KNOWLES: YES. WAIT, I'M NOT SURE I
7 KNOW WHAT YOU MEAN.
8 THE COURT: IT DEFINED TRACTS OR PROPERTY.
9 MR. KNOWLES: IT DID.
10 THE COURT: DID THEY FIND AN AMOUNT OR JUST
11 A GRAND THEFT BASED UPON THE PURCHASE OF THESE TRACTS?
12 MR. KNOWLES: THE ONE IS THE SAME AS THE
13 OTHER. THE 759,000 WAS THE PRICE OF THE TRACTS.
14 THE COURT: SO IT'S THE PEOPLE'S POSITION
15 THAT THEY FOUND A THEFT OF $759,600?
16 MR. KNOWLES: YES.
17 THE COURT: OKAY. MR. MICHAELS?
18 MR. MICHAELS: I COULDN'T POSSIBLY DISAGREE
19 WITH THAT MORE.
20 THERE WAS WEEKS OF TESTIMONY ABOUT THE VALUE
21 OR -- THAT HE RECEIVED -- DR. MICHELSON RECEIVED AS
22 PROPERTY. HE TESTIFIED ON CROSS-EXAMINATION THAT HE
23 RECEIVED THE PROPERTY, THAT THE PROPERTY WAS SOLD FOR
24 $32 MILLION AND HE STILL HAS A BUNCH OF IT LEFT.
25 SO IF YOU LOOK AT THE VERDICT FORM, IF YOU
26 LOOK AT THE INFORMATION, THE INFORMATION INDICATES
27 THAT THERE WAS A THEFT OF OVER $400. THAT'S REALLY
28 WHAT THE JURY WAS SHOWN, IS THERE WAS A THEFT OF OVER

Page:39
1 $400. LET'S SAY THEY CONCLUDED THE THEFT WAS OVER
2 $450, THAT'S A PETTY THEFT. UNDER PROPOSITION 47,
3 THAT IS A PETTY THEFT.
4 SO THE ADDITIONAL AMOUNT OF THE $759,600
5 WAS OFFSET BY THE PROPERTY THAT DR. MICHELSON
6 RECEIVED. AND WE DON'T KNOW WHAT THE JURY FOUND.
7 IF WE LOOK AT THE JURY INSTRUCTIONS,
8 THEY'RE INSTRUCTED WITH NUMBER 1805. ALL THAT WAS
9 PROVIDED TO THE JURY ARE FIVE ELEMENTS, AND NOWHERE IN
10 THE INSTRUCTION IS THERE AMOUNT OF A FINDING OF OVER
11 $950.
12 GIVEN ALL OF THE EVIDENCE THAT WAS
13 PRESENTED AT TRIAL ABOUT WHAT DR. MICHELSON RECEIVED
14 AND THE LACK OF EVIDENCE THAT THERE WAS A THEFT OF
15 OVER $950, IT'S IMPOSSIBLE TO SAY THAT THAT'S WHAT THE
16 JURY CONCLUDED.
17 I ALSO BELIEVE, PERHAPS I'M OFF BASE -- BUT
18 I BELIEVE PENAL CODE SECTION 1157 SPEAKS TO THIS
19 ISSUE, WHICH IS, IF THERE IS A FINDING BY A JURY THAT
20 COULD EITHER BE A GRAND THEFT OR PETTY THEFT AND IT'S
21 NOT SPECIFIED BY THE JURY, IT'S, BY DEFINITION, SHALL
22 BE THE LESSER OF THE CHARGE. I BELIEVE THAT'S THE
23 CASE OF PEOPLE VERSUS LOVE, WHICH IS A 2008 CASE. IT
24 HAS A FAIRLY SIMILAR SITUATION AS OURS, AND I BELIEVE
25 IT TO BE THE CONTROLLING AUTHORITY THAT -- THAT WE ARE
26 REQUIRED TO HAVE THE LESSER FINDING OF A MISDEMEANOR.
27 THE COURT: ALL RIGHT. ALL RIGHT.
28 I DON'T KNOW THE ANSWER TO THIS QUESTION.


Page:40
1 AND EITHER WAY, I WILL BE APPEALED, AND THERE WILL BE
2 AN ANSWER TO THIS QUESTION, OR I HOPE I AM APPEALED
3 AND GET AN ANSWER TO THIS QUESTION.
4 I INDICATED EARLIER THAT I BELIEVED THAT
5 PROPOSITION 47 MAKES THE CHARGE THAT THE DEFENDANTS
6 WERE CONVICTED OF A MISDEMEANOR. I'M CHANGING MY
7 MIND -- OR I HAVE CHANGED MY MIND.
8 I AM INDICATING, FOR THE RECORD -- I'M
9 INDICATING, FOR THE RECORD, THAT I HAVE NO IDEA
10 WHATSOEVER WHAT THE JURY FOUND AS A LOSS IN THIS CASE.
11 I DON'T KNOW IF THEY FOUND THAT IT WAS THE $700,000 OR
12 THEY MERELY FOUND THAT IT WAS OVER $400. I HAVE NO
13 IDEA WHETHER PROPOSITION 47 AFFECTS A GRAND THEFT OF
14 OVER $400 IN VIOLATION OF PENAL CODE SECTION 487
15 SUBDIVISION A OR NOT.
16 THE OFFENSE WAS CHARGED AS A FELONY,
17 ARGUABLY, A FELONY WAS CONVICTED -- COMMITTED. I'M
18 SORRY. SO I'M GOING TO LEAVE IT AS A FELONY AND
19 INVITE APPEAL. SO THE DEFENSE CAN ADDRESS THAT ISSUE.
20 AS APPEAL IS APPROPRIATE.
21 WE'RE GOING TO RECESS

Page 72:  MR. MICHAELS: I DON'T THINK THAT
2 PROPOSITION 47 CONTROLS IN THIS. SO WHEN THE COURT
3 INDICATED IT INVITED US TO FILE AN APPEAL, I RESPECT
4 THAT, BUT I DON'T KNOW THAT THAT WOULD RESOLVE THE
5 ISSUE. SO I --
6 THE COURT: YOU'RE JUST ASKING THE COURT TO
7 EXERCISE ITS DISCRETION PURSUANT TO 17(B) AND REDUCE
8 TO A MISDEMEANOR?
9 MR. MICHAELS: I DON'T KNOW IF IT'S A
10 DISCRETIONARY ISSUE.
11 THE COURT: IT WOULD BE.

Page 71: Mr. MICHAELS: THE WAY I READ PENAL CODE 1157, THIS IS A
15 CRIME OF DEGREES. IF THE CRIME IS OVER $950, WE'RE
16 TALKING ABOUT GRAND THEFT, WHICH IS A FELONY; IF IT'S
17 UNDER $950, IT'S PETTY THEFT, SHOULD BE A MISDEMEANOR.
18 THE COURT: ALL RIGHT.
19 MR. MICHAELS: PENAL CODE SECTION 1157
20 INDICATES THAT WHEN THE JURY IS PRESENTED WITH A CRIME
21 THAT IS DISTINGUISHED BY DEGREES AND DOES NOT MAKE A
22 FINDING AS TO THE AMOUNTS OF THE CRIME, THAT IT'S
23 REQUIRED THAT IT BE THE LESSER OF THE DEGREES. IN
24 THIS CASE, IT WOULD BE THE PETTY THEFT BECAUSE THERE
25 WAS NOT A FINDING OF THEFT BEING OVER $950.
26 THE COURT: ALL RIGHT.
27 MR. MICHAELS: LOOKING AT JURY INSTRUCTION
28 1805, WHICH IS THE ONLY THING THE JURY WAS PROVIDED

Page: 72
1 WITH REGARDING THE FINDING, THERE IS NO ELEMENT THAT
2 THEY MAKE A FINDING ABOVE $950. IT'S COMPLETELY
3 ABSENT OF THAT, AND WE PROVIDED THAT AS AN ATTACHMENT
4 TO OUR MOTION. AND AGAIN, INVITING THE COURT'S
5 ATTENTION TO PEOPLE VERSUS LOVE -- IF YOUR HONOR HAS
6 NOT LOOKED AT THIS CASE, I URGE YOU TO DO SO BECAUSE
7 I THINK IT'S VIRTUALLY IDENTICAL TO OURS AND IT
8 APPLIES IN ABSENCE OF PROPOSITION 47.
9 IN PEOPLE VERSUS LOVE, WHICH IS, AGAIN, A
10 2008 CALIFORNIA CASE, THE JURY CAME BACK, FOUND
11 AGAINST THE DEFENDANTS FOR GRAND THEFT BUT THEY WERE
12 NOT INSTRUCTED ON AN AMOUNT AND DID NOT MAKE IT A
13 FINDING OF THE AMOUNT. IN THE COURT OF APPEAL IN
14 PEOPLE VERSUS LOVE HELD, "THE COURT GAVE NO
15 INSTRUCTION TO ASSESS A VALUE" AND CONTINUANCES ON, IT
16 SAYS, THE FELONY CONVICTIONS MUST BE REDUCED TO
17 MISDEMEANORS AND THE DEFENDANT MUST BE RESENTENCED.
18 SO WHILE WE CAN CERTAINLY VISIT WITH THIS
19 ISSUE WITH THE COURT OF APPEAL, IT SEEMS TO ME THAT
20 PROPOSITION 47 IN THE DISCUSSION WE HAD AND THE
21 CONFUSION -- I ADMIT IT'S A CONFUSING ISSUE AS IT
22 RELATES TO PROPOSITION 47 -- IS NOT CONTROLLING IN OUR
23 SITUATION.
24 HERE WE HAVE A FINDING BY THE JURY THAT
25 THERE WAS A CONVICTION FOR CRIME, BUT THERE WAS NO
26 FINDING AS TO THE AMOUNT.

Page 74:  MR. MICHAELS: SO I BELIEVE THAT UNDER 1157
15 AND PEOPLE VERSUS LOVE, I BELIEVE THAT THIS COURT'S
16 REQUIRED TO HAVE THIS CONVICTION BE DEEMED A
17 MISDEMEANOR, AND I THINK its REVERSIBLE ERROR NOT TO
18 FIND THAT, RESPECTFULLY.

19 THE COURT: THAT'S ALL RIGHT. I'D
20 I CERTAINLY REFLECT THAT AND IT WOULDN'T BE THE FIRST
21 TIME I'VE BEEN REVERSED AND IT WON'T BE THE LAST.
22 I LOOK FORWARD TO THE COURT OF APPEAL TELLING ME, ONCE
23 AGAIN, THAT I DON'T KNOW WHAT I'M TALKING ABOUT.
THE COURT: I AM FINDING THE JURY FOUND IT
27 WAS A THEFT OVER $400. THAT WAS THE LAW IN PLACE AT
28 THE TIME, AND, THEREFORE, AND I'M GOING TO RULE ON

Page 75:
1 THIS ISSUE TWO DIFFERENT WAYS.
2 ONE, I AM FINDING THAT I'M NOT REQUIRED TO
3 REDUCE IT TO A MISDEMEANOR TO WHERE THE LEAST
4 ADJUDICATED ELEMENTS HAVE BEEN PROVEN AND FOUND, AND
5 TWO, I'M DECLINING TO EXERCISE MY DISCRETION PURSUANT
6 TO PENAL CODE SECTION 17(B) IN REDUCING IT TO A
7 MISDEMEANOR.

Page 77: THE COURT: ALL RIGHT. BEFORE YOU SIT DOWN (Mr. Knowles),
25 ARE YOU ASKING FOR THE RESTITUTION WE SPOKE ABOUT
26 EARLIER?
27 MR. KNOWLES: $375,000. THE LAW DOESN'T CARE
28 WHAT NUMBER THE COURT PICKS AS LONG AS IT'S GOT A

Page 78:
1 RATIONAL BASIS.
2 THE COURT: WELL --
3 MR. KNOWLES: BUT IT DOES REQUIRE YOU DO
4 SOMETHING. FOR WHATEVER THAT IS, THERE NEEDS TO BE A
5 RATIONAL BASIS. AS LONG AS YOU HAVE A RATIONAL BASIS
6 IN THE EVIDENCE, THERE IS ALMOST NO LIMIT TO THE
7 DISCRETION. OUR SUGGESTION IS $375,000 BASED ON THE
8 DISCUSSION WE HAD EARLIER TODAY.
Page 84:  THE COURT:  I DO NOT BELIEVE THAT I CAN ORDER
14 RESTITUTION TO DR. MICHELSON BECAUSE I BELIEVE ANY
15 RESTITUTION ORDER I MAKE, BASED UPON WHAT I'VE BEEN
16 PRESENTED SO FAR, WOULD BE ARBITRARY. SO I AM NOT
17 GOING TO ORDER RESTITUTION TO DR. MICHELSON IN THIS
18 MATTER. I DO ORDER A $200 RESTITUTION FINE WHICH WAS
19 THE RESTITUTION FINE IN PLACE AT THE TIME THAT THESE
20 FINES WERE COMMITTED, $30 CONVICTION FEE, $40 COURT
21 SECURITY FEE.

THE COURT: SO AS FAR AS MR. CAMPBELL, PROBATION IS
2 DENIED, SENTENCE IMPOSED AS FOLLOWS -- AND I'M NOT
3 GOING TO DO AN ANALYSIS AS TO THE FACTORS IN
4 AGGRAVATION VIS-A-VIS MITIGATION BECAUSE OF THE SHEAR
5 SIGNIFICANCE OF THE CUSTODY TIME.
6 I DO ORDER THAT HE BE -- AND PEOPLE'S
7 CONCESSION THAT IT'S NOT NECESSARY THAT HE SERVE ANY
8 ADDITIONAL TIME.
9 I ORDER HE SERVE THE MID-TERM OF TWO YEARS
10 IMPRISONMENT IN COUNTY JAIL. HE'S GIVEN CREDIT FOR
11 515 ACTUAL PLUS 514 GOOD TIME/WORK TIME FOR A TOTAL OF
12 1029 DAYS WHICH IS CLEARLY CREDIT FOR TIME SERVED.
13 I DO NOT BELIEVE THAT I CAN ORDER
14 RESTITUTION TO DR. MICHELSON BECAUSE I BELIEVE ANY
15 RESTITUTION ORDER I MAKE, BASED UPON WHAT I'VE BEEN
16 PRESENTED SO FAR, WOULD BE ARBITRARY. SO I AM NOT
17 GOING TO ORDER RESTITUTION TO DR. MICHELSON IN THIS
18 MATTER. I DO ORDER A $200 RESTITUTION FINE WHICH WAS
19 THE RESTITUTION FINE IN PLACE AT THE TIME THAT THESE
20 FINES WERE COMMITTED, $30 CONVICTION FEE, $40 COURT
21 SECURITY FEE.

Page 86:  THE COURT:  I
15 AM GOING TO ORDER THAT MR. POWERS BE IMPRISONED IN THE
16 COUNTY JAIL FOR THE HIGH TERM OF THREE YEARS. OF THAT
17 THREE YEARS, EXECUTION -- AND THE PEOPLE HAVE
18 CALCULATED, MR. POWERS' CREDIT?
19 MR. KNOWLES: YES.
20 THE COURT: WHAT IS HIS CREDIT?
21 MR. KNOWLES: 109 ACTUAL.
22 THE COURT: ACTUAL?
23 MR. KNOWLES: YES.
24 THE COURT: OF THAT THREE YEARS, 888 DAYS
25 ARE SUSPENDED. MR. POWERS IS ORDERED TO SERVE 217
26 DAYS. HE'S GIVEN CREDIT FOR 109 ACTUAL PLUS 108 GOOD
27 TIME/WORK TIME WHICH IS A TOTAL OF 217 DAYS. SO HE
28 WILL BE ON MANDATORY SUPERVISION FOR 888 DAYS.

Page 88:  THE COURT: AND AGAIN I'M NOT MAKING ANY ORDER OF
3 RESTITUTION. I DO BELIEVE ANY AMOUNT THAT I WOULD
4 DETERMINE WOULD BE WHOLLY ARBITRARY IN THIS MATTER.
5 I AM ORDERING MR. POWERS REMAIN IN THE
6 UNITED STATES FOR THAT PERIOD OF TIME.
7 MR. MICHAELS: FOR THE 888 DAYS SUSPENDED?
8 THE COURT: YES. AND THIS IS MANDATORY
9 SUPERVISION, SO I AM NOT ASKING MR. POWERS TO ACCEPT
10 THOSE TERMS. THEY ARE SO ORDERED.
11 MR. MICHAELS: I'M SORRY?
12 THE COURT: THEY ARE ORDERED.
13 THAT CONCLUDES THIS MATTER. GOOD LUCK TO
14 EVERYBODY.
15 I'M SORRY. ITS 878, NOT 888. IF I COULD
16 ADD OR SUBTRACT, I WOULD BE A DOCTOR.
17 (PAUSE IN PROCEEDINGS.)
18 THE COURT: HOLD ON. THERE IS ONE MORE
19 THING. ALL RIGHT.
20 MR. POWERS, MR. CAMPBELL, YOU DO HAVE THE
21 RIGHT TO APPEAL THE JUDGMENT OR SENTENCE OF THIS
22 COURT. WRITTEN NOTICE YOUR APPEAL MUST BE FILED
23 WITHIN 60 DAYS FROM TODAY IN THIS COURT, NOT THE COURT
24 OF APPEAL. UNLESS YOUR ATTORNEY FILES THE NOTICE, YOU
25 MUST FILE YOUR OWN NOTICE. THE NOTICE MUST SPECIFY
26 WHAT IS BEING APPEALED, WHETHER SIMPLY THE JUDGMENT OF
27 THIS COURT OR THE ENTIRE PROCEEDINGS LEADING TO THE

28 CONVICTION.

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