Opinion
NO. 6:12-cr-00106 MJS
02-26-2013
UNITED STATES OF AMERICA, Plaintiff, v. DAVID LEE TURNER, Defendant.
BENJAMIN B. WAGNER United States Attorney MATTHEW A. McNEASE Acting Legal Officer National Park Service JOSEPH SCHLESINGER Acting Federal Defender ANDRAS FARKAS Assistant Federal Defender Attorney for Defendant David Lee Turner
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
ANDRAS FARKAS, Bar #254302
Assistant Federal Defender
Designated Counsel for Service
2300 Tulare Street, Suite 330
Fresno, California 93721-2226
Telephone: (559) 487-5561
Attorney for Defendant
DAVID LEE TURNER
STIPULATION FOR AMENDMENT OF
JUDGMENT AND ORDER TO PAY
RE: TERM OF PROBATION
ORDER
Judge: Hon. Michael J. Seng
Background:
On November 20, 2012 Defendant, David Lee Turner, entered his plea of guilty to the charges in the above-referenced matter. One of the terms of said plea was that defendant would be placed on a term of unsupervised probation for a period of one year. At the time the parties entered the agreed-upon plea, it was their belief that the term of probation would commence at the time the plea was entered.
On February 13, 2013, Defendant was sentenced by the court. The Judgment and Order to Pay indicates Defendant was placed on "Unsupervised Probation for 12 months." The Judgment is silent as to the commencement date of that term of probation.
STIPULATION
IT IS HEREBY STIPULATED by and between the parties hereto and through their respective counsel, Matthew A. McNease, Acting Legal Officer, National Park Service, Counsel for Plaintiff, and Andras Farkas, Assistant Federal Defender, counsel for Defendant, that the 12-month period of Unsupervised Probation in the above-referenced proceedings shall be in effect through November 20, 2013, at which time said term shall cease if Defendant has successfully complied with the remaining terms of probation as previously ordered. The parties further agree that the Judgment and Order to Pay may be amended by the Court to indicate the termination date of probation as November 20, 2013, as set forth hereinabove.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
________________________
MATTHEW A. McNEASE
Acting Legal Officer
National Park Service
JOSEPH SCHLESINGER
Acting Federal Defender
________________________
ANDRAS FARKAS
Assistant Federal Defender
Attorney for Defendant
David Lee Turner
ORDER
The Court, having reviewed the above stipulation and good cause appearing, IT IS HEREBY ORDERED THAT the Judgment in this matter dated and filed February 13, 2013, shall be amended to show the term of Unsupervised Probation for defendant David Lee Turner shall run through November 20, 2013, at which time said term shall cease if Defendant has successfully complied with the remaining terms of probation as previously ordered. All remaining terms and conditions of the said February 13, 2013 Judgment and Order to Pay shall remain in full force and effect until otherwise ordered. IT IS SO ORDERED.
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE