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SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

DIVISION NO. 1

HONORABLE EDWARD H. DRAYER, COMMISSIONER

PEOPLE OF THE STATE

 

.

OF CALIFORNIA

.

 

.

Case No. N564933

 

Plaintiff

 

.

 

.

 

vs.

.

 

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ANGELO TROTTER, IV

 

.

 

.

 

Defendant

 

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APPEARANCES:

FOR THE PLAINTIFF:

FOR THE DEFENDANT:

TRANSCRIPTION BY:

HEARING

July 2, 2004

NO APPEARANCE MADE

ANGELO TROTTER, IV, in pro per 10118 San Carlos Avenue South Gate, California 90280 (323) 228-5625

Lutz & Company, Inc. 100 West Lemon Avenue Suite 103 Monrovia, California 91016 (626) 303-1113

Info@lutz-co.com

Lutz & Company, Inc. (626) 303-1113

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Proceedings recorded by an unmonitored electronic sound recording, transcript produced by Federally Approved Transcription Service.

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BELLFLOWER, CALIFORNIA

FRIDAY, JULY 2, 2004, PROCEEDINGS BEGIN

DIVISION NO. 1, HONORABLE EDWARD H. DRAYER, COMMISSIONER

(Court is Called to Order)

THE COURT: People of the State of California versus

Angelo Trotter the forth.

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DEFENDANT TROTTER: Good morning, Your Honor.

THE COURT: Good morning. Okay. Now, Mr. Trotter,

you have filed some documents with the court. Now, one is

th

dated June 25 , notice of non-operation.

DEFENDANT TROTTER: Non-opposition.

THE COURT: Um-hum.

DEFENDANT TROTTER: For a notice of motion, a motion

to quash filed --

THE COURT: Okay.

Well I’m going to take, I’m going

to take them up one at a time if that’s all right with you.

Okay. Did you file any of these motions with the District

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DEFENDANT TROTTER: Yes, Your Honor.

THE COURT:

Okay. All right.

Let me call the

District Attorney’s Office, see if they would like to send a

deputy down. If you’ll just have a seat please.

(Off the Record)

THE COURT: All right. We’ll recall Mr. Trotter’s

This is case N564933.

And Mr. Trotter, I asked my

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clerk to call the District Attorney and it’s my understanding

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they did receive your motions. All of their deputies are

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engaged in other cases right now. And with your permission, I

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would proceed without the District Attorney but I’ll leave that

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up to you.

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DEFENDANT TROTTER: Well, Your Honor, I’d like to

 

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object, Your Honor. They had the -- time for opposition has

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kind of past --

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THE COURT:

Well, no.

I’m just asking, do you want

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me to ask them to send somebody down when somebodies available

 

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or do you want to proceed without them?

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DEFENDANT TROTTER: Well, it matters not, Your Honor.

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They haven’t opposed and the opposition must be provided on

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paper.

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THE COURT:

Well, do you want them down here or not?

 

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Just tell me yes or no.

 

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DEFENDANT TROTTER: Well, the motion is unopposed,

 

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Your Honor, so it wouldn’t make a difference whether they’re

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here or not.

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THE COURT: Well, do you want them here?

 

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DEFENDANT TROTTER: How can they be here, Your Honor,

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when they haven’t opposed?

 

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THE COURT:

Well, they have a right to be in court,

 

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whether they’re going to have a chance to present something at

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this late stage I don’t know. They’re saying that they’re all

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tied up and apparently they’re -- allowed me to proceed without

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them. I’m asking you if you want me to proceed without them?

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DEFENDANT TROTTER: Is Your Honor going to prosecute

for the People --

THE COURT:

I don’t prosecute. I’m going to hear

But I’m asking if

what you have to say on your motion, sir.

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you want the District Attorney here or not?

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DEFENDANT TROTTER: I don’t understand, Your Honor.

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The District Attorney has my paperwork, has the defendant’s

paperwork and had plenty of time to oppose; they haven’t. So I

don’t know what the, what the, the reason for them to be here

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would be in the first place.

THE COURT: Okay.

So I’m going to take that as a you

don’t want the District Attorney present; is that -- my

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understanding correct?

DEFENDANT TROTTER: They haven’t opposed, Your Honor,

that’s what I’m saying.

THE COURT:

I understand. And I’m going to put that

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in part of your case here that you have filed a notice dated --

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well actually, it’s file stamped June 25 , notice of non-

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DEFENDANT TROTTER: The notice of motion was June

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THE COURT:

Well, I’m going to take those up in a

minute. All right. Do you want the District Attorney here or

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DEFENDANT TROTTER: I object to it, Your Honor, yes.

THE COURT:

Okay. I’ll mark that on there.

Okay.

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And then I’m going to show notice of non-opposition filed June

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25 of this year.

Then you have also filed on June 11

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of this

year a request for judicial notice. Anything else you’d like

to say about that request for judicial notice regarding the

California Judicial Council’s website annual report?

DEFENDANT TROTTER: It’s all in the brief, Your

Honor.

THE COURT: All right. Request for judicial notice

is granted. Okay. Then your next motion filed June 11

th

of

this year is a motion to quash for want of subject matter

jurisdiction. All right. Is there anything else you’d like to

say regarding that motion? I have read the motion. I have

also read the attachment which is the 2001 Annual Judicial

Council Report that you had asked for judicial notice on.

Anything else you’d like to say regarding the motion to quash

sir?

DEFENDANT TROTTER: No, Your Honor.

THE COURT:

All right.

Okay. The motion --

DEFENDANT TROTTER: Has Your Honor read the brief on

the, the motion to quash?

THE COURT:

Yes, I’ve read the brief, I’ve the read

the annual report and I’m asking if there’s anything else you’d

like to say?

DEFENDANT TROTTER: No, Your Honor.

THE COURT:

Okay.

The motion to quash for want of

subject matter jurisdiction is denied. All right. Now --

DEFENDANT TROTTER: And that’s your findings of fact

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and conclusion of law, Your Honor?

 

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THE COURT: I don’t believe that’s a proper subject

 

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for that sir.

Now, do you wish --

 

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DEFENDANT TROTTER: Well, Your Honor, is, is, is

 

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taking a position on an unopposed motion. My motion was

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unopposed.

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THE COURT: Just because a motion --

 

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DEFENDANT TROTTER: The People had plenty of time to

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oppose it.

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THE COURT: Just because a motion is unopposed, sir,

 

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doesn’t mean it’s always well taken --

 

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DEFENDANT TROTTER: Well, can --

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THE COURT:

-- and I find, I find that the section

 

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that you’re cited for, 22350 of the California Vehicle Code,

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unsafe speed, is an infraction. It is not a criminal matter

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where you could be placed in jail, it is an infraction. You

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could be fined if you’re convicted. However, it’s my

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understanding of the law that the standard of proof is the same

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as what it would be in a criminal case.

They have to prove

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their case beyond a reasonable doubt.

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DEFENDANT TROTTER: The issue is where does a peace

 

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officer get the authority to make that stop for non-criminal

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matters, Your Honor.

 

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THE COURT:

Okay.

I find --

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DEFENDANT TROTTER: If it’s not criminal then it’s

 

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civil.

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THE COURT:

I find that based on your, your motion

 

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here that the officer and the ticket that has been submitted

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and signed by you, that there was approximate speed of fifty-

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six in a forty mile zone, which would appear to violate Section

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22350 of the Vehicle Code.

 

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DEFENDANT TROTTER: That citation also says without

 

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admitting -- guilt and it was signed under duress.

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THE COURT:

Well, it was signed just for you to

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appear in court. You’re not admitting any guilt by signing it.

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And I see --

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DEFENDANT TROTTER: Well, how does Your Honor find --

 

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THE COURT:

I see that it is marked here under

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duress.

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DEFENDANT TROTTER: How does Your Honor find that,

 

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that this is a crime?

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THE COURT:

I find that it’s an allegation of an

 

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infraction.

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DEFENDANT TROTTER: An infraction is not a crime,

 

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Your Honor.

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THE COURT: An infraction is subject to penalties of

 

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loss of license and/or a fine.

It’s not subject to any kind of

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a jailable offense.

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DEFENDANT TROTTER: But the defendant’s position is

 

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that a peace officer, California peace officer hasn’t the

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authority to make a stop for non-criminal violations. That’s

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what the motion to quash was for.

 

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THE COURT:

Okay.

And I have --

 

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DEFENDANT TROTTER: And that’s what was mentioned in,

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in the --

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THE COURT:

Sir --

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DEFENDANT TROTTER: It’s also backed up by --

 

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THE COURT: -- very respectfully now, I have denied

 

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your motion. Now --

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DEFENDANT TROTTER: But Your Honor refuses to provide

 

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the authority.

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THE COURT: I just gave you the authority.

Now, sir,

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it’s here for arraignment today, are you ready to go forward

 

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with your arraignment?

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DEFENDANT TROTTER:

I request a -- well, I demand a

 

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verified complaint or verified notice to appear. So Your Honor

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can set a future date where I come in and view the verified

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complaint and I’ll come in and address it then.

 

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THE COURT: All right. Well, that request is denied.

 

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If you’d like, I’ll continue your arraignment if you’d like to

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consider the case further.

 

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DEFENDANT TROTTER: That can’t be denied, Your Honor.

 

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40513(b) of --

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THE COURT:

Sir, I have just denied it.

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DEFENDANT TROTTER: -- the California Vehicle Code --

 

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THE COURT:

Sir, I have just denied it.

Now, would

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you --

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DEFENDANT TROTTER: I’ll enter a plea then, Your

 

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Honor.

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THE COURT:

Would you like to come in on another date

 

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for your arraignment? Are you ready to proceed with your

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arraignment today, sir?

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DEFENDANT TROTTER: I’m requesting a verified

complaint pursuant to 40515(b) of the California Vehicle Code,

which I’m entitled to.

THE COURT:

asking if --

Okay.

I have just denied that, sir.

I’m

DEFENDANT TROTTER: It can’t be denied, Your Honor.

THE COURT: Sir, excuse me.

Do you wish to proceed

with your arraignment today or would you like --

DEFENDANT TROTTER: You can set up a future date,

Your Honor.

THE COURT:

Okay.

All right.

At --

DEFENDANT TROTTER: And I’d like it noted on the

record that I object and request a verified complaint.

THE COURT: At defendant’s request arraignment is

continued. What date would you like to return to this court,

sir?

DEFENDANT TROTTER: Thirty days.

THE COURT:

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Today is July 2 .

Okay. We’ll continue

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it to August 2 .

Do you waive time for speedy trial then?

DEFENDANT TROTTER:

I waive no time.

I waive no

rights.

THE COURT:

Well then, then sir, I’m ready to go

forward with your arraignment.

DEFENDANT TROTTER: Your Honor hasn’t proved

jurisdiction yet, Your Honor. Subject matter jurisdiction is

challengeable at any time --

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THE COURT: All right.

 

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DEFENDANT TROTTER: -- and I’m challenging

 

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jurisdiction.

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THE COURT:

Okay.

Well, let me take care of your

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arraignment. On case N564933, charges Section 22350 of the

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Vehicle Code, unsafe speed, and the allegation is fifty-six in

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a forty mile zone. Do you understand the charge, sir?

 

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DEFENDANT TROTTER: No, I do not.

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THE COURT:

All right.

Did you hear your

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constitutional rights today, sir, at the earlier hearing?

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DEFENDANT TROTTER: I did.

 

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THE COURT:

All right.

Okay. What don’t you

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understand about the charge, sir?

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DEFENDANT TROTTER: I don’t understand how the charge

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-- the People have not opposed the motion requesting

 

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jurisdiction. It’s on -- it’s upon the People to provide or

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to, to prove that they have jurisdiction; they have not. So I

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don’t understand how it can be charged once the People have not

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-- had plenty of opportunity according to the rules of court

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and the California Civil -- Code of Civil Procedure, and they

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have not done so and I can still be charged.

 

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THE COURT: All right. Sir, I’m reading Section

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22350, basic speed law.

 

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“No person shall drive a vehicle upon a highway

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at a greater speed then is reasonable or prudent

 

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having the regard for weather, visibility, the

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traffic on the surface and the width of the highway,

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and in no event at a speed which endangers the safety

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of persons or property.”

 

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Do you understand the language that I just read to

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you, sir?

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DEFENDANT TROTTER: Is this a criminal charge, Your

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Honor?

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THE COURT: This is an infraction, sir.

 

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DEFENDANT TROTTER: So it’s not criminal?

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THE COURT:

It is an infraction, as I’ve said.

Okay.

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Do you understand the language that I have just read to you?

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DEFENDANT TROTTER: No, Your Honor. Your Honor is

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not stating clearly and specifically, is this a crime or is it

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not.

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THE COURT: Sir, it is an infraction.

And as I

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explained earlier, you can not be placed in jail if you’re

 

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convicted of it. However, they have -- the criminal burden of

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proof, proof beyond a reasonable doubt.

 

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DEFENDANT TROTTER: Is it a crime, Your Honor, yes or

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no?

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THE COURT:

It is an infraction, sir.

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DEFENDANT TROTTER: So it’s not a crime?

 

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THE COURT: It’s an infraction and you could be given

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a sentence of bail.

You could be also -- take you license away

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for a period of time.

Those are --

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DEFENDANT TROTTER: But is it a crime?

 

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THE COURT: -- the consequences. Those are the

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consequences.

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DEFENDANT TROTTER: I know the consequences, but I

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don’t understand if it’s a crime or not.

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THE COURT: It’s non-criminal in the --

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DEFENDANT TROTTER: So if it’s non-criminal then it’s

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civil.

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THE COURT: It’s non-criminal, sir, but it’s still an

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infraction.

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DEFENDANT TROTTER: If it’s non-criminal then it’s

 

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civil, Your Honor. California Constitution per Section 22 of

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the Code of Federal -- Civil Procedure only recognizes two

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types of actions; civil or criminal. So if it’s not criminal

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then it’s civil and why am I here?

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THE COURT: You’re here for your arraignment.

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I’ve advised --

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DEFENDANT TROTTER: On a non-criminal charge, Your

 

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Honor?

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THE COURT: I’ve advised you of the charges.

You

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have indicated you heard the rights.

So do you wish to enter a

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plea to the charge of speeding, sir?

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DEFENDANT TROTTER: Why do I have to enter a charge

 

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on a non-criminal violation?

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THE COURT:

I’m asking you, do you wish to enter a

 

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plea to the charge, sir?

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DEFENDANT TROTTER: On a criminal violation or a

 

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civil violation?

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THE COURT: It’s on an infraction, sir.

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DEFENDANT TROTTER: And Your Honor just said it was

 

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non-criminal so what’s that -- that means it’s civil.

 

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THE COURT: Okay.

Sir, I’m going to ask you, do wish

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to --

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DEFENDANT TROTTER: I’m not entering a plea, Your

 

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Honor.

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THE COURT:

Do you wish to enter a plea?

 

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DEFENDANT TROTTER: I’m not entering a plea.

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THE COURT:

Okay. On the Court’s motion I’m going to

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enter a plea of not guilty for you.

 

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DEFENDANT TROTTER: Well, I’d like an objection also

 

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stated on record that I did not enter a plea.

 

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THE COURT:

Okay.

It’s on the record, sir.

Okay.

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We’ll set --

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DEFENDANT TROTTER: May I have a copy of that, Your

 

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Honor?

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THE COURT: You can take that up with the clerk’s

 

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office, sir. They have certain procedures.

 

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DEFENDANT TROTTER: Your Honor did mark that I

 

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objected to the entering of a plea?

 

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THE COURT: I have indicated on the Court’s motion, I

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entering a plea for you, sir. All right.

The trial --

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DEFENDANT TROTTER: My objection needs to by noted,

 

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Your Honor.

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THE COURT:

Excuse me. Would you let me speak now?

 

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Will you let me speak, sir?

 

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DEFENDANT TROTTER: If Your Honor will put my

 

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objection down for the record.

 

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THE COURT: Your record is being made as you speak,

sir.

Okay.

The court trial is set for August 11

th

of this

year, 9:00 a.m., this division.

And I’m going to ask you to

sign a written promise to appear. Please cooperate --

DEFENDANT TROTTER: How’s the record being taken,

Your Honor?

THE COURT:

-- with the bailiff. Pardon me?

DEFENDANT TROTTER: How’s this record being taken?

THE COURT: It’s electronic recording.

DEFENDANT TROTTER: May I get a copy of that?

THE COURT:

That’s up to you to take it up with the

clerk’s office. I don’t know what their fees are on that, sir.

Okay. Please cooperate with the bailiff now.

DEFENDANT TROTTER: I will not being signing another

notice to appear, Your Honor.

THE COURT:

signs the OR.

All right.

Put him in custody until he

DEFENDANT TROTTER: How can -- how can Your Honor put

me in custody for a non-criminal violation?

THE COURT:

promise to appear.

I’m just asking you to sign a written

I’m not asking you to --

DEFENDANT TROTTER: I’ve already appeared. The

People haven’t opposed.

THE COURT: I’m not asking you to post bail.

DEFENDANT TROTTER: I’m doing everything that the

court --

THE COURT:

Sir, I’m not asking you to post bail.

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I’m just asking you to sign a written promise to appear on this

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case.

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DEFENDANT TROTTER: Your Honor, I followed all court

 

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procedure and all rules of the court. Why am I being treated

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any differently? Is this a constitutional court or

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administrative law --

 

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THE COURT:

Sir, normally I have the people post a

 

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hundred dollar ($100) bail -- and you sat here during the other

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hearings, I’m waiving that hundred dollar ($100) bail. I’m

 

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only asking you to sign a written promise to appear. As soon

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as sign that written promise to appear you’ll be released.

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DEFENDANT TROTTER: Excuse me, Your Honor, I’m still

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making a record. Why are you leaving the bench?

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THE COURT:

Okay.

Sir, sir, I am leaving the bench

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because I’m asking you to sign the promise to appear. Do you

 

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want to do that now?

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DEFENDANT TROTTER: This matter’s not concluded. I’m

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still addressing the Court.

 

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THE COURT: All right.

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DEFENDANT TROTTER: Is this an administrative law

 

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court of constitutional court?

 

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THE COURT:

It’s a court with the State of

 

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California, County of Los Angeles --

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DEFENDANT TROTTER: Is it a constitutional court or

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an administrative law court?

 

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THE COURT:

Sir, I’m not going to engage in a

 

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question and answer with you now.

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DEFENDANT TROTTER: This is something I have a right
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to as a, as a defendant in court.
Are you going to let me know
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or not?
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THE COURT:
I have, I have addressed you as far as
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I’m going to address you at this point, sir.
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DEFENDANT TROTTER: So you’re not going to completely
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explain everything to me in a court of law?
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THE COURT:
Sir, it’s not my job to explain to you.
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You can hire an attorney if you need some further legal
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explanations --
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DEFENDANT TROTTER: I can read the law, Your Honor.
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And this Court is not following the law.
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THE COURT:
Well, that’s up to you then, sir.
Okay.
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Now, please cooperate with the bailiff sir.
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PROCEEDINGS CONCLUDED
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*
*
*
*
*
*
*
*
*
*
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
DIVISION NO. 1
HONORABLE EDWARD H. DRAYER, COMMISSIONER
PEOPLE OF THE STATE
OF CALIFORNIA
.
.
.
Plaintiff
.
Case No. N564933
Certification
.
vs.
.
.
ANGELO TROTTER, IV
.
.
Defendant
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.

Lutz & Company, Inc. (626) 303-1113

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

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I, Karen Pulling, a duly designated transcriber, do hereby declare and certify under penalty of perjury that I have transcribed the portion of tape which was duly recorded in the Superior Court of the State of California, County of Los Angeles, Bellflower, Division 1, on the 2 day of July, 2004, in the above mentioned case, and that the foregoing 15 pages comprise a true and correct, accurate transcription of the aforementioned tape.

nd

Dated this 3

rd

day of August, 2004.

Manager

LUTZ & COMPANY, INC. 100 WEST LEMON SUITE 103 MONROVIA, CALIFORNIA 91016 (626) 303-1113

Lutz & Company, Inc. (626) 303-1113

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