Back to Exhibit 7

 

STATEMENT OF THE CASE

DOCKET NO. 02-1226:

In docket No.02-1226, the defendant is challenging a conviction for second degree burglary, San Bernardino County Superior Court case No. FWV-02836, in which defendant was manipulated by defense counsel in a related case, to enter an unintelligently made and unknowingly guilty plea. He plead guilty and was sentenced on March 15th, 1994, to a term of 180 days in county jail and 36 months probation. The defendant has served his sentence on this case, but has “present need” to challenge and overturn it since it is currently being used as a “prior” to aggravate 4 Colorado criminal cases the defendant recently overturned on 7-12-01.

DOCKET NO. 02-1225:

In docket No.02-1225, the defendant is challenging a conviction for two counts of second degree robbery and two counts of false imprisonment, San Bernardino County Superior Court case No.FVA-06241, in which the defendant was coerced through police initiated starvation, inhumane confinement in the jail, and perpetual lockdown isolation to enter an involuntary guilty plea in this case to flee the abuse in the jail. The prosecutor also used illegal Ex-Post Facto applications to aggravate the penalties in this case. And this conviction was also obtained due to ineffective assistance of counsel, and was obtained in violation of the defendant’s 6th Amendment right to a speedy trial under the I.A.D. act. The defendant entered the coerced plea on 12-29-98.

DOCKET NO. 02-1155:

In docket No.02-1155, the defendant is challenging a conviction for Escape without force, San Bernardino County Superior Court case No. FVA-10530, in which on 12-29-98, the defendant was coerced through police induced starvation, inhumane confinement in the jail, and perpetual lockdown isolation to enter an involuntary plea in this case to flee the mistreatment in the jail. The prosecutor also used illegal Ex-Post Facto applications from out of state cases, to aggravate the penalties in this case. Thus, this also equated to ineffective Assistance of counsel on the part of the defendant’s court appointed defense attorney.

 

 
 
 

 

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