Opinion
Docket Number: 2:05CR00505-01.
December 29, 2009
MEMORANDUM
Your Honor:
In a non-compliance report dated October 5, 2009, the Court was notified of the releasee's arrest on August 26, 2009, by the Shasta County Sheriff's Office for a restraining order violation and an assault on a person with a vehicle.
On September 10, 2009, the Shasta County District Attorney's Office filed a felony criminal complaint (Superior Court Case Number 09-06122) alleging the releasee: committed an assault with a deadly weapon, his vehicle, and by use of force likely to produce great bodily injury, in violation of section 245(A)(1) of the Penal Code, a felony, and; on August 26, 2009, disobeyed a Court order, in violation of section 166(A)(4) of the Penal Code, a misdemeanor.
On November 17, 2009, the releasee appeared before the Shasta County Superior Court for a jury trial. The Court dismissed the case due to insufficient evidence and prosecution's inability to prove the case beyond a reasonable doubt.
Since the matter has resulted in case dismissal, it is recommended the Court take no negative action. REVIEWED BY: TERENCE E. SHERBONDY Supervising United States Probation Officer
/s/ Terence E. Sherbondy ___________________ THE COURT ORDERS: (x) The Court Approves Probation Officer's Plan, and Orders No Further Action Be Taken At This Time.