Posts tagged ‘Appeal’

Sentenced to Jail & Currently Out on Bail!

On June 7, 2010, Cherise had to turn herself into the courts stemming from her convictions on April 14, 2010: Guilty on 2 counts of Resisting Arrest with a 60 day county jail sentence plus 3 years of probation attached. Cherise filed an appeal and was allowed to stay out on bail pending the appeal process. Her bail was $10,000 & it was posted as soon as she went into custody.

To be allowed out on bail however, the judge was reluctant to allow this to happen.   For some reason he felt like this wasn’t allowed until he was provided the proof that Cherise had a right to stay of of jail pending the appeal process.  Her attorney had to bring in this proof:

CA Penal Code 1272. After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail:

2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.

If her attorney would not have provided this Penal Code, the judge was going to refuse the request & mandate Cherise to serving the 60 days in the County Jail.

This appeal is stemming from the Nightmare Experience Cherise Rogers experienced on April 6, 2007.

District Attorney’s Appeal Went in Their Favor

The appeal the District Attorneys office filed against the 3 charges dismissed on June 3, 2008 (2 Counts of Battery on a Police Officer & 1 Count of Resisting Arrest) were REVERSED by the Appellant Court on May 27, 2009; leaving me once again at square one after a year of waiting.  I couldn’t understand how this reversal happened, but it did!!  I just happened to call the appellant courts the second week of June and found out this decision because as usual the courts failed to notify me or my lawyer of the decision by mail.

They have proven to me that they are DETERMINED to try and take me under no matter what it takes.

I went to court (PRE- PRE Trial) July 20th and my next court date is August 18th for PreTrial.

The District Attorney’s Expensive Appeal

The District Attorney’s office has launched an expensive appeal regarding the matter of the 3 charges dismissed by the Pretrial judge in June 2008.  As of today’s date, May 17, 2009, nearly a year later, I am still awaiting  the decision of the  appellate court to move further than the day it began.

The DA’s office started off by filing 3 separate continuances each asking for monthly extensions claiming they needed more time to prepare before actually going forth in filing their opening brief.  We are now in the month of May 2009 and I am still awaiting the outcome of the appeal.  The appeal is under consideration and will soon be decided by the California State Court.  Here’s where the problem lies, the case they are appealing has ALREADY BEEN AJUDICATED — AND I WON! A jury of my peers found that there was no good ground for stopping me in the first place in June 2008.  The jury said that the police did not prove that I had done anything to provoke the stop.

With reference to the alleged  battery on an officer that took place after the stop, it was never heard by the jury because it had been thrown out in pre-trial.  It was thrown out because the police could not produce nor could they prove any of the so-called resisting arrest and battery on a police officer charges  that were originally brought against me.

Here we are over 2 years since this nightmare began for me, and it is so hard and downright painful for me to tell you what this has done to my life.  Not only has it cost me my job with LAPD and several other employment opportunities, but the stress of what has happened to me has made a greater impact on my physical health.  And let’s stop talking about what it has done to me and think about what it has and is continuing to do to the state, county and city budget.  The amount of hours that have been wasted and the money that has been spent by the County of Los Angeles  DA’s Office on a MISDEMEANOR charge that was already decided in my favor is MINDBOGGLING!