Impt. Sentencing Coming up soon...help us

[Drdogface]

Even when he had what we thought was a legit business he never had a bank acct. He'd accept a check but then go to a check cashing place and get the money or go directly to a bank branch. So a civil suit, IMO, would be a worthless exercise. I did have a small claims action filed but could never get him served. I knew I'd never get paid any $$ but thought I might be able to have his van seized.

[paulgtr]

how about now that he is in the system? once he is released it will be easier to keep track of him. Not anything even close to savvy when it comes to law. just thinking what if's about keeping after this guy.

[varmint]

Originally Posted by Drdogface

So I've just been told by a lawyer friend who does criminal work. No gifts to prisoners. Maybe a few of us could meet him at the gate when he gets out and take him 'out to dinner and a few beers " Who knows, he could fall down some stairs...

as recently as five years back you could send california inmates books through amazon.


maybe a subscription to modern bride.

[craigster59]

Just received this email.....

Mr. Johnston:

Mr. Deering was sentenced to state prison today for 2 years 8 months. The maximum was 3 years 8 months. Although I argued for the maximum, the court was willing to give him less time in prison on account of the defendant’s offer to repay restitution to all the victims in the criminal complaint. I do not believe he will pay a dime, but at least he will be going to prison instead of getting probation as recommended by the probation department. Thank you for the information you provided.

Anthony J. Enciso
Deputy District Attorney

[Drdogface]

Wow....cool that you got that reply. Amazingly sad, though, that the court (judge) believed Jimmy would pay restitution.

[Joeaksa]

Originally Posted by paulgtr

since he has been convicted of these crimes, couldn't you just get the folks together who were affected by this guy and make a civil suit against him? that should keep him financially tied down longer than the criminal sentence, right?

Problem is that my gut tells me that if he lot the case he would just go back to stealing to pay the bill off. He is supposed to make restitution I believe but how and where he will finance this is a good question.

[stevepaa]

I am currently getting court ordered restitution from a swindler, I figure I will get everything back in 64 years.

[Radioactive]

Minutes

JOHN M TOMBERLIN, J-JUDGE
CLERK: JL-JACKIE LAWRENCE
CERTIFIED COURT REPORTER: SM-SHAWNA MANNING CSR# SM-12827
DEPUTY DISTRICT ATTORNEY ANTHONY ENCISO PRESENT.
ATTORNEY ROBERT PONCE PRESENT.
DEFENDANT PRESENT IN CUSTODY.
-
PROCEEDINGS
OFF RECORD, COURT AND COUNSEL CONFER IN CHAMBERS
ACTION CAME ON FOR SENTENCING
COURT HAS READ AND CONSIDERED PROBATION OFFICER'S REPORT.
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
-
MOTIONS
DEFENSES ORAL MOTION FOR HARVEY WAIVER FOR OTHER VICTIMS IS GRANTED.
DEFENDANT AGREES THAT HE WILL PAY RESTIUTION ON
OTHER ALLEGED VICTIMS WHERE THE COUNTS WERE
DISMISSED.
-
COURTS MOTION TO DENY PROBATION IS GRANTED.
-
DEFENDANT GIVE AN ORAL STATEMENT
-
OFF RECORD, COURT AND COUNSEL AT BENCH.
BENCH CONFERENCE ENDS AT AT 3:00 PM.
-
FINDINGS/ADVISALS:
PURSUANT TO SECT 13350 VC, THE COURT FINDS A MOTOR VEHICLE WAS USED IN THE COMMISSION OF THE OFFENSE SPECIFIED IN COUNT(S) 4 6
FOR COUNT(S) 4 6 THE DEPARTMENT OF MOTOR VEHICLES IS ORDERED TO REVOKE THE DRIVER'S LICENSE UNTIL 06/10/2012.
COURT FINDS DEFENDANT IS NOT ABLE TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
COURT FINDS THAT THE DEFENDANT IS NOT LIABLE FOR PAYMENT OF BOOKING FEES.
REST FINE OF $200.00 PURSUANT TO 1202.4 PC
PAYABLE TO REST FUND TO BE COLLECTED BY DOC.
REST FINE OF $200.00 PURSUANT TO 1202.45 PC
STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.
-
COURT RETAINS JURISDICTION ON ISSUE OF RESTITUTION PURSUANT TO PC1202.46.
-
COURT ORDERS BUCCAL COLLECTION OF DNA SAMPLE PURSUANT TO PC296
-
CRIMINAL ASSESSMENT AND SECURITY FEES OF $70 PER CONVICTION FOR COUNT(S) 4 6 PAYABLE TO THE DEPARTMENT OF CORRECTIONS.
-
DISMISSALS
ON MOTION OF PEOPLE, PURSUANT TO PLEA BARGAIN, COUNT 1 2 3 5 ORDERED DISMISSED; REASON: 1385 PC
-
PURSUANT TO PC296(A)(1) THE SHERIFF IS DIRECTED TO OBTAIN THE REQUIRED SAMPLES FROM THE DEFENDANT UNLESS THE SHERIFF VERIFIES THAT A PC296 SAMPLE HAS
BEEN PREVIOUSLY OBTAINED FROM THE DEFENDANT AND IS CURRENTLY ON FILE.
COURT ORDERS BUCCAL COLLECTION OF DNA SAMPLE PURSUANT TO PC296
-
SENTENCING INFORMATION
PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS:
FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT IS WAIVED; NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
-
AS TO COUNT 4, THE COURT IMPOSES THE MID TERM OF 2 YEARS AND 0 MONTHS.
PRINCIPAL COUNT DEEMED COUNT # 4.
AS TO COUNT 6, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 6 TO RUN CONSECUTIVE TO COUNT 4.
SENTENCED TO STATE PRISON FOR A TOTAL TERM OF 2 YEARS AND 8 MONTHS.
CREDIT FOR TIME SERVED ( 151 ACTUAL + 151 CONDUCT) FOR A TOTAL OF 302 DAYS.
NEW_PC4019 (1/2 TIME)
COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.
COURT FULLY ADVISES DEFENDANT OF HIS/HER APPEAL RIGHTS.
SENTENCE TO RUN CONCURRENT TO ANY OTHER TIME OBLIGATED TO SERVE.
-
HEARINGS
RESTITUTION HEARING SET FOR 07/22/2011 AT 8:30 IN DEPARTMENT V2.
DEFENDANT WAIVES HIS PRESENCE
-
REFERRAL
REFERRED TO PROBATION OFFICE FOR RESTITUTION.
-
DEFENDANT ORDERED TO PAY RESTITUTION IN THE AMOUNT OF $1700.00, PURSUANT TO PC1202.4 AND GC13967(C), TO VICTIM M. FRASER. TO BE COLLECTED BY THE D.O.C.
-
CUSTODY STATUS
CASE CUSTODY - STATE PRISON
DEFENDANT REMANDED TO THE CUSTODY OF THE SHERIFF TO BE DELIVERED TO CALIFORNIA DEPARTMENT OF CORRECTIONS AT CHINO
PROBATION OFFICE NOTIFIED.
============= MINUTE ORDER END ================

[Porsche-O-Phile]

How the heck can the court note that the defendant agrees to pay restitution yet is unable to cover the attorney's fees or court costs? IMHO he ought to be paying for everything, not the taxpayers! If the court can acknowledge that the guy is unable to pay the fees, how is there any validity to "yeah sure I'll pay restitution" (wink-wink implied)?

[Drdogface]

....and he's only required to pay $1700 in restitution...Hell, he's into me for $5K. The secretary told me, when I called on the tenth, that he had 151 days credit...this looks like twice that...meaning a year. He'll be laughing on his way out the gate in about 10 mos or so. Yeah, he spent 150 days in county but I'm sure that's nuthin' like the Big House.

[Joeaksa]

In case anyone wants to remember what he looks like, a photo of our recently detained mechanic/thief was just posted along with a nice article of his being convicted.

One thing that irks me badly were the comments in the newspaper saying from the public defender saying "Deering was selling the parts because the customers weren’t willing to pay him!" What lies!

~~~~~

VICTORVILLE • An Apple Valley mobile mechanic convicted of selling his clients’ Porsche engines was sentenced to two years and eight months in prison.

Prosecutors claimed that Jimmy Deering, 34, was swapping and selling engines and transmissions he had been entrusted by Porsche 911 owners from across California. Deputy District Attorney Anthony Enciso said the mechanic brought home parts needed to be repaired and never returned to them to the owners.

However, Robert Ponce, Deering’s attorney, argued Deering was selling the parts because the customers weren’t willing to pay him.

A jury convicted Deering in January of two felony counts of receiving known stolen property, but couldn’t reach a verdict on four other charges, including one count of owning a chop shop.

Although a probation officer recommended the court sentence Deering to six months in jail, Judge John Tomberlin punished him with more time Friday.

Deering’s restitution hearing is scheduled on July 22.

A.V. mechanic sentenced for selling stolen Porsche engines | sentenced, stolen, engines - Victorville Daily Press

[Drdogface]

Well, the jury didn't buy it. The real charge that was dropped or reduced was that of operating a chop shop. I hear that would have been a nine year term...which in Kalif = half that. At least he's spending some time in the joint. He figgered he could scam his way out of it all.

[regency]

Joeaksa: Hmm... That's him, However, he doesn't look as happy as the pic's of him standing in the empty engine bays of his victims cars.

Steve

73 911 T MFI Coupe, Aubergine

[Joeaksa]

Mark,

Next time... at least we have stopped him for now.

Steve,

Funny how a prison suit changes your outlook on life. Just hope his boyfriend is cute...

[Joeaksa]

Mark and the others on the thread.

Its been just over a year now.

Anyone know if Jimmy is still in the "house of doors" or has he been released? If he got 2 years and 8 months, but had 151 days in reserve, its about time, if not past time that he got out. Unless he did something silly inside...

[Drdogface]

Originally Posted by Joeaksa

Mark and the others on the thread.

Its been just over a year now.

Anyone know if Jimmy is still in the "house of doors" or has he been released? If he got 2 years and 8 months, but had 151 days in reserve, its about time, if not past time that he got out. Unless he did something silly inside...

Not a clue of facts but I thought he might have gotten in more trouble and have some serious time now....I can only hope that's true. The other Mark may know but he may not be on Pelican any more.

[Porsche-O-Phile]

State of California Inmate Locator

Nothing shows up for "Deering". Interesting and potentially bad.

[Joeaksa]

Originally Posted by Porsche-O-Phile

State of California Inmate Locator

Nothing shows up for "Deering". Interesting and potentially bad.

Hmm, guessing that he is out now then. Wonder what the terms of his parole are? Hope it keeps him in one county in the state.

[Joe Bob]

Maybe they will limit him to working on 944s and Mustangs....

[Buckterrier]

Originally Posted by Joe Bob

Maybe they will limit him to working on 944s and Mustangs....

They won't be very well prepared