State of California

Superior Court, County of Humboldt

Eureka Division

Case number:  CR071062BS

P.O.  Report

Date: 7/16/07

CA:     133     3/05/07

Printed:     7/16  @  15:56

Court Clerk:  Gina B.

Court Reporter:  Darcy Casagrande

Defense attorney:  EANNARINO, MICHAEL P.  (present)

District Attorney:  MCLAUGHLIN, BEN (present)

THE PEOPLE vs. WAYMOND EARL STARRIT, defendant (present)

Appearance Date (s)

7/16/07 at 3:51 PM for ROUTE MINUTE TO REVENUE RECOVERY.

7/16/07 at 3:50 PM for  ROUTE MINUTE TO JAIL.

7/16/07 at 3:50 PM for SENTENCED.

8/6/07 at 2:00 PM in Courtroom 7 for STATUS REVIEW.

     STATUS OF 2 FIREARMS

Charge (s)

1)  HS  11351;  felony; POSSESS NARCOTIC CONTROL SUB FOR/SALE

Defendant plea:  Not guilty entered 4/4/07

Finding:  Guilty

Sentenced to:   State prison, concurrently,,  aggravated term, for 4 years.

2)  HS  11352 (A) ; felony; TRANSPORT/SELL NARCOTIC CONTROLLED SUBSTANCE

Defendant plea:  Not Guilty entered 4/4/07

finding guilty

Sentenced to: 

Pay fine of $2,000

State Prison, aggravated term, for 9 Years.

3)  HS 11350 (A); felony;  POSSESS NARCOTIC CONTROLLED SUBSTANCE

Defendant plea:  Not guilty entered 4/4/07

Finding :  Guilty

Execution of sentence stayed.

Sentenced to:

State prison, aggravated term, for 3 years.

4)  HS 11377 (A); felony; POSSESS CONTROLLED SUBSTANCE

Defendant plea:  Not guilty entered 4/04/07

Finding:  Guilty

Sentenced to:

State prison, consecutively,, 1/3 the middle term, for 8 months.

7)  HS 11366.5(a); felony; ALLOWING PLACE FOR SELLING/USING CONTR SUBST

Defeneant plea:  Guilty entered 7/16/07

Sentenced to:

State prison, concurrently,, aggraved term, for 3 years.

9)  HS  11357(C);  misdemeanor;  POSSESS MARIJUANA OVER 1 OZ/28.5 GRM

Defendant plea:  Guilty entered 7/16/07

Sentenced to:

Humboldt County Jail, consecutively, for 1/4 Days;  CFTS 116 days.

Total fine to be paid is $2,000.

The defendant is to receive the following custody credits:  116 actual days; 58 4019 days; 174 total days.

Defendant is sentenced to the upper term of 5 years in State Prison of HS  11352(a) and an additional 3 years pursuant to HS 1170.2, consecutively and an additional one year in State Prison pursuant to PC 667.5 (b), consecutively, for a total of 9 years in State Prison for count 2

Notes

Defendant waives arraignment for judgment.

There being no legal cause why judgment should not now be pronounced.

Court received, read and considered the Probation Officer's  report.

Restitution fine amount of $2,000 pursuant to 1202.4(b) of the California Penal Code to be paid pursuant to PC 2085.5.

Restitution fine of $2,000 imposed and stayed pursuant to PC 1202.45.

Defendant is ordered to register as a convicetd drug/narcotics offender pursuant to HS 11590.

The Coourt orders that the weapon (s) obtained by law enforcement at the time of the incident be declared a nuisance and properly disposed of in accordance with appropriate code section.

Weapons disposal is stayed to 8/6/07.

Court orders all Money and Controlled Substances seized are to be forfeited and controlled substances are ordered destroyed.

Defendant is to comply with testing pursuant to PC 296.

Defendant advised of threee years parole possibility.

Defendant advised of right to appeal.

Defendant remanded to the custody of the Sheriff for transport.

Defendant was found guilty by Jury Trial as to Counts 1,2,3,4,7 nand a lesser Count 9 on 6/8/07.