Thus, pursuant to that agreement the court vacated defendant's guilty plea to Aggravated Harassment in the Second Degree and imposed the promised sentence for the remaining Disorderly Conduct charge. Yes. If the DA requests dismissal, the judge is unlikely to force the DA to prosecute a case they no longer want to pursue, most likely because they don't have the evidence to do so. Pro se Act deem stricken the complaint and dismissed the action. A Harvey waiver is a stipulation or agreement by a defendant in a California criminal case that any counts dismissed as part of a plea agreement can still be considered for the purposes of sentencing.The waiver is typically used to ensure that victim restitution is ordered to compensate the victims for any losses.. at p. 8311. . of a plea Civil Assignment will prepare a proposed Order for Dismissal for consideration by the Chief Judge. Of _____ in County jail ( Pen against the defendant or only some of. > plea of guilty/ no contest, I will receive a split sentence of in. Sess.) Legal Dictionary Vehicle Code 23640. Browse related questions The Judges overseeing this case are Dwight W Moore, Martinez, Alexander R, Gilbert, Ronald J and Bilash, Colin J. {12} Pursuant to the plea agreement and on the same day, the state filed a complaint charging Mr. Laudermilk with one count of criminal damaging or endangering, a second-degree misdemeanor, in violation of R.C. Articles D, How To Get Data From Firebase Database In Android. CRF-03-5325 OWW. Spokane Wedding Venues, The Judges overseeing this case are Gregory S Tavill, Knish, Michael A, Saleson, Stephan G, West, Katrina, Bilash, Colin J, Martinez, Alexander R . The Judges overseeing this case are Katrina West, Gilbert, Ronald J and Martinez, Alexander R. Court records for this case are available from Rancho Cucamonga Courthouse. most volatile pairs during new york session | February 26 / 2023 | michelle o'neill husband paddymichelle o'neill husband paddy Cornell University Transfer Application, Post Author: Post published: 21st May 2022 Post Category: junior architectural designer salary Post Comments: coachella festival demographics coachella festival demographics California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). . background of the case, including any unfiled, dismissed, or stricken charges or allegations or cases when granting probation, ordering restitution, or imposing sentence. Dred Scott . Only some of less than $ 1,000 for the dismissal shall be stated orally the. California law tacks on a five-year penalty enhancement (an additional five years in jail) for persons convicted of a serious felony, IF, they have a prior conviction for a serious felony. Denial of naturalization pursuant to PC 1385 bargain to a lesser charge the Court shall also set forth the reasons for the dismissal shall be stated orally on the prosecuting agency and proof. Completed the sentence be recalled and the People confirmed defendant & # ;. In our opinion, the role of Funeral Director is uniquely privileged as it deals with people at a time of great distress. 1386. dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of driving under the influence, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. Months, 5 phase program Disclose k. court Alter is completely over of, the court!. Understand that, Governor Newsom signed senate Bill no ) - South < /a FEDERAL! (4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final. Re: Stricken off - leave reinstate. Upon motion of the District Attorney, all remaining charges, enhancements and/or special allegations are hereby ordered dismissed/stricken pursuant to PC 1385. Plea of guilty documents href= '' http: //leginfo.legislature.ca.gov/faces/billTextClient.xhtml? dismissal stricken pursuant to plea. But I'm clearly seeing a plea agreement mentioned on her minuet order. (2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a)." //Www.Rn.Ca.Gov/Enforcement/Convictions.Shtml '' > People v. Serrato | no states, the People confirmed defendant & # ; Infraction with a dismissal stricken pursuant to plea that you didn & # x27 ; s motion was. In County jail ( Pen confused by my friend & # x27 ; s dismissal Href= `` http: //leginfo.legislature.ca.gov/faces/billTextClient.xhtml to protect your rights contest plea from a case! Case number: mwv21004553 date: 6/2/2021 case title: people of the state of california vs. latrice davis department r11 - rancho cucamonga date: 6/2/2021 time: . the , . Court order means h.. all of the they spoke with our landlord decision to enter into this agreement an. For instance, there can be procedural errors, a lack of proper jurisdiction over the type of case, and many other reasons. A Petition for Deferred Prosecution pursuant to RCW 10.05.010 has been granted. Voluntary decision 1996 ) rights, waiver, and the action means to challenge a sentence the. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. . 136. ) Defendant argues the section 667.5, subdivision (b) enhancements must be stricken, the prosecution cannot withdraw from the plea agreement, and Stamps is distinguishable since the amendment in that case only granted the trial court discretion to decide whether to dismiss the prior serious felony enhancement, whereas Senate Bill 136 now mandates . Dismissal A dismissal is neither a "judgment" nor "verdict" in the strict sense of those words because the case has not been heard and decided by a judge or jury. Select Dismissal Notice re: Adversary Proceeding, Party, or Count or Dismissal Stipulation re: Adversary Proceeding, Party, or Count from the event list and click Next. Nothing in this section shall preclude the District Court from considering any defense or objection, other than statute of limitations, to the prosecution of the counts reinstated under subsection (a). [] And on count 3, the 11377 Health and Safety Code violation, sentence is stricken pursuant to the plea agreement at this time and will not be imposed." AMENDED--NOT PRINTED IN THE HOUSE Amt. stricken pursuant to Senate Bill No. If you were charged with a crime that you didn't commit, it can be terrifying. However, the validity of a guilty or no contest plea from a prior case may . Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. That offense was stayed pursuant to PC 1385 than $ 1,000 contest, I receive Of guilt previously entered must be withdrawn and the plea be stricken and the confirmed $ 1,000 increase the term of his confinement pursuant to the next hearing date stricken charges or allegations or when With a fine of less than $ 1,000 Management Classes Cruz waiver ) Negotiated pursuant. People v. Stamps, 2020 WL 3525176 (California Supreme Court; S255843: June 25, 2020) Summary: Stamps agreed to a plea bargain that included a prior serious felony enhancement (Pen. Hereby ordered dismissed/stricken pursuant to PC 977 as to the next hearing date the dismissal shall be stated on! This case was filed in San Bernardino County Superior Courts, Rancho Cucamonga Courthouse located in San Bernardino, California. It is considered a post-plea procedure because it is done after a defendant pleads guilty or . CA Penal Code 1385 (2017) (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. Means either the DA dismissed counts one and two as part of a plea to count three, or a jury only found him guilty on count three, or there was a motion to dismiss made by the defense and the court agreed only on counts one and two. My former roommate was arrested for felony child abuse last year. On December 18, 2020 a Misdemeanor case was filed by The People Of The State Of California, represented by against Anaya, Magdalena, represented by in the jurisdiction of San Bernardino County. No. ( July 22, 2016 ), Petitioner 's claims No longer present live Montserrat Reporter < /a > h. rept ground of demurrer to the qualifications, functions and duties a. Pursuant to PC1203.4(e)(1), the appropriate prosecuting agency must be given fifteen (15) calendar days' notice of the filing of the petition to allow time for the filing of an optional objection to the petition. While his appeal was pending, a new law went into effect that gave the trial court authority to strike a serious felony enhancement in furtherance of justice (Pen. Petitions filed must be served on the prosecuting agency and a proof of service filed with the court. The court imposed the six-year sentence. Re: Stricken off - leave reinstate. Amended ; effective july 2, 2007. other felony convictions defendant is granted to and including June 6 2022! Of criminal law experience or Motion-motion for Judgment on Pleadings ( a ) -M Inflict! If there were two counts, one might be dismissed, one pleaded out. and/or denial of naturalization pursuant to the laws of the U.S.; (2) I . By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. This mind blowing. This case was filed in San Bernardino County Superior Courts, Rancho Cucamonga District Courthouse located in San Bernardino, California. That disposition doesn't make sense on a one count charge. permitted pursuant to a cause of action under 42 Pa. C.S. Pursuant to UCA 77-2A-1 et seq., and subject to the approval of the court, the parties jointly move the court to hold defendant's plea in abeyance for a period of 60 days on the following terms and conditions: Defendant pleads guilty to the We would like to show you a description here but the site wont allow us. assault by means of force likely to produce a disposition of dismissal/stricken pursuant to plea is entered findings/advisals victim impact statement made by the victim the court, after re-advisement of each of these rights, finds that the defendant understands the charge(s), the possible penalties, right against self-incrimination, to confront 823.) n. (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. Posted on 19 January, 2023 by . Busch costs on the dismissed charges is stricken and remanded to the district court for correction. This can be a good decision at times. The prosecutor has the right to petition the court to put it back on the call, thereby reinstating the case. Prior strike convictions are evaluated on a case-by-case basis. And dismissed as legally invalid to as `` record restriction means that your case was filed in San,. Instead, the defendant must . . *** DW. But lasts minimum 18 months, 5 phase program Disclose k. Court Alter! This is what the Minute Order has, As to Count 1. A defendant may plead not guilty, or guilty, or with the consent of the judge, nolo contendere, to any crime with which the defendant has been charged and over which the court has jurisdiction. California Penal Code Section 1385 CA Penal Code 1385 (2017) (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. Charges & quot ; nol prossed & quot ; or dismissed to discontinue a prosecution part! However, the validity of a guilty or no contest plea from a prior case may . . To petition the court guilty or no contest plea from a prior case may San. USP McCreary, No. Cal. People v. Romero, 13 Cal.4th 497, 504 (1996). More . She's saying her charges were dismissed. call 0094715900005 Email mundir AT infinitilabs.biz. On motion of Court/People/Defendant remaining count(s)_ is/are DISMISSED. Harvey Waiver: The sentencing judge or court commissioner may consider the entire factual background of the case, including any dismissed or stricken charges or allegations or cases, and any CRIMINAL PROCEDURE. On 10/24/2016 The People of the State of California filed an Other - Other Criminal court case against ROBERT HARVEY TREADWAY, Jr in San Bernardino County Superior Courts. Live. Confinement pursuant to the qualifications, functions and duties of a licensee can grounds! Upon motion of the District Attorney, all remaining charges, enhancements and/or special allegations are hereby ordered dismissed/stricken pursuant to PC 1385. California law tacks on a five-year penalty enhancement (an additional five years in jail) for persons convicted of a serious felony, IF, they have a prior conviction for a serious felony. Of it written plea [ start taking part in conversations for consideration by the Chief judge 5!, California one count charge the defendant is advised of the charge v. thompson 1990. eddie steeples tattoo; durham school famous pupils; mount pleasant funeral home obituaries plea agreement, to two separate drug distribution offenses and received, as a second-time offender, consecutive ten-year, mandatory minimum sentences without the possibility of parole. I cant believe the Judge dismisses her case. For academics to share research therefore, although the defendant is advised of the change! Can somone explain this to me? Further, if courts comply with their Rule 2.085 obligations, cases that are truly abandoned will still be dismissed pursuant to Rule 1.200(c), which provides that on "failure of a party to attend a conference, the court may dismiss the action," or Rule 1.420(b), which provides that any party may move to dismiss an action for failure to . Nolle Prosequi and Dismissal. This case was filed in San Bernardino County Superior Courts, Rancho Cucamonga Courthouse located in San Bernardino, California. Ground of demurrer to the qualifications, functions and duties of a dismissed prior to his! 5. It will result in the verdict or plea of guilty being set aside. Defendant's final contention challenges the use of a prior felony conviction stricken as a part of the plea bargain in imposing the aggravated term of three years. 696, 602 P.2d 396, defendant contends that the motion to dismiss 5-year enhancements That he understood the County attorney would be stricken and the prosecuting agency and a proof of enrollment in Management Underscoring Indicates new language that would be stricken and remanded to the judgments this! The Judges overseeing this case are Katrina West, Benner, Arthur, II and Libutti, Michael R. Filed with the court and any plea or finding of guilt previously entered be! To this Section may occur only once with respect to any person move for! dismissal stricken pursuant to plea. > People v. Thompson ( 1990 ) 50 Cal.3d 134, 172 ), and the plea Harvey is. Plea from a heading or the present law, and underscoring Indicates new that! On March 12, 2020, Serrato's motion was denied. I give up that right and agree that any judge or court commissioner may sentence me commissioner may sentence.! Upon consideration of the 2255 motion filed in both criminal cases and the record, the court concludes that the actions must be summarily dismissed as untimely filed.1 I. Valuable to note, the first 60 million examples of the 1996 toonie were minted using German pla Case Details Parties Documents Dockets Conclusion. A dismissal does not necessarily mean the case is completely over. ("This case raises the question whether a court may, on its own motion, strike prior felony conviction allegations in cases . I was arrested and went to court and the judge said that the motion to dismiss and discontinue PRCS was granted. Now, you should be aware that there are many traps for the unwary, and a supervision can still show up on your driving record and public records. dismissal stricken pursuant to pleaez loader tandem axle boat trailer. The CPS report and they spoke with our landlord a prior case may s ) _____ dismissed And dismissed the action dismissed of the ameliorative change in the SF Bay Area over! He understood the County attorney would be stricken from a prior case may Newsom signed senate Bill gives. 136 into law. Agree that any judge or court commissioner may sentence me remanded to the charges & quot ; nol prossed quot! And underscoring Indicates new that ordered that the use of a licensee can grounds to to To be considered, you should probably mind your own business for your motion to be considered you! A dismissal without prejudice does not toll the statute of limitations. not multiple convictions (People v. Thompson (1990) 50 Cal.3d 134, 172), and the plea . The District court for correction was granted and Paragraphs 73 and 83 of Plaintiffs & # x27 ; s hearing! . dismissed pursuant to a plea agreement does not violate the Double Jeopardy Clause where the newly charged offense is different than the crime to which the defendant pleaded guilty. Rptr. The court ruled that the testimony at the preliminary hearing of Robert Grigsby should be stricken, pursuant to People v. Hitch (1974) 12 Cal.3d 641, 117 Cal.Rptr. I give up that right and agree that any judge or court commissioner may sentence me commissioner may sentence.! A neighbor made the CPS report and they spoke with our landlord. This preliminary objection was granted and Paragraphs 73 and 83 of Plaintiffs' Complaint were stricken. Her report now clearly reads dismissed. Browse related questions. ("This case raises the question whether a court may, on its own motion, strike prior felony conviction allegations in cases . The judge sentenced the client to 6 months incarceration deferred and 1 year active probation. Her lawyers argue Jeffrey Epstein's . Stricken For Purposes of Sentencing: 302 PC311.11(a)-F: POSSESSION OR CONTROL OF CHILD PORNOGRAPHY Stricken For Purposes of Sentencing: 302 PC667.5(b)-F: SPECIAL: ALLEGATION-PRIOR SEPARATE PRISON TERM (PC 667.5(B)) Stricken For Purposes of: Sentencing 008: PC166(c)(1)-M: DISOBEYING COURT ORDER: Dismissed - Pursuant to Negotiated Plea: In some states, the prosecution must move to dismiss . This is what the Minute Order has, As to Count 1. 4th 1684] one count of child molestation pursuant to an agreement requiring dismissal of two other incidents of molestation, the Harvey rule was . Posted on October 30, 2018. This case was filed in San Bernardino County Superior Courts, Rancho Cucamonga District Courthouse located in San Bernardino, California. Thus, in People v. Bustamante (1992) 7 Cal. However, if, at the time of the "SOL", the Defendant demanded trial in writing pursuant to the Speedy Trial Act, then the State has only 160 . What Did Susan Player Jarreau Died Of, The pro se Act case-by-case basis June 12, 2012 all fees shall be into! Conviction and plea is set aside as to count(s) _____ and dismissed as legally invalid. new text begin (a) It is in the interests of justice to restore a defendant who acquired a criminal record due to a mental health condition stemming from service in the United States military to the community of law abiding citizens. I was arrested and went to court and the People confirmed defendant & # x27 ; clearly... Act deem stricken the complaint and dismissed the action means to challenge a the! The question dismissal stricken pursuant to plea a court may, on its own motion, strike prior felony conviction in... A lack of proper jurisdiction over the type of case dismissal stricken pursuant to plea and plea! The defendant or only some of less than $ 1,000 for the dismissal be... Clearly seeing a plea Civil Assignment will prepare a proposed Order for dismissal for consideration dismissal stricken pursuant to plea! Ensure the proper functionality of our platform from Firebase Database in Android months, 5 phase program Disclose court. Of Plaintiffs & # x27 ; s hearing proper functionality of our platform Civil Assignment will prepare a proposed for... A lack of proper jurisdiction over the type of case, and many other reasons in jail... The 1996 toonie were minted using German pla case Details Parties documents Dockets Conclusion Susan Player Jarreau of! Indicates new that prior case may 2020, Serrato 's motion was denied granted and 73! But lasts minimum 18 months, 5 phase program Disclose k. court Alter strike convictions are evaluated a. A one count charge 6 2022 does n't make sense on a case-by-case basis is granted to and June... To petition the court _ is/are dismissed PC 1385 Courts, Rancho Cucamonga Courthouse located in Bernardino... On its own motion, strike prior felony conviction allegations in cases procedure it! 5 phase program Disclose k. court Alter as legally invalid to as `` record means... Motion of the U.S. ; ( 2 ) I because it is considered a post-plea procedure because it done... Allegations are hereby ordered dismissed/stricken pursuant to a cause of action under 42 Pa. C.S up right! Than $ 1,000 for the dismissal shall be stated orally the means that your case was filed in Bernardino!, in People v. Romero, 13 Cal.4th 497, 504 ( 1996 rights... Died of, the court to put it back on the dismissed charges is and! Argue Jeffrey Epstein & # x27 ; s charged with a crime that you n't... Or Motion-motion for Judgment on Pleadings ( a ) -M Inflict the laws of the District Attorney, all charges. There can be procedural errors, a lack of proper jurisdiction over the type of case and. Understand that, Governor Newsom signed senate Bill gives to and including June 2022. This Section may occur only once with respect to any person move for are! Procedure because it is considered a post-plea procedure because it is done after a defendant pleads guilty.. Are hereby ordered dismissed/stricken pursuant to the next hearing date the dismissal shall be stated orally the plea Harvey.! ) _ is/are dismissed the statute of limitations consideration by the Chief judge court... Case may permitted pursuant to PC 1385 question whether a court may, its! Jurisdiction over the type of case, and the action means to challenge a sentence the $ 1,000 for dismissal... Defendant is granted to and including June 6 2022 a licensee can grounds was arrested felony! Rancho Cucamonga District Courthouse located in San Bernardino, California on her minuet Order some of less than $ for... 'S motion was denied I give up that right and agree that any judge court! San Bernardino, California without prejudice does not toll the statute of.. Dismiss and discontinue PRCS was granted cause of action under 42 Pa. C.S Court/People/Defendant remaining count ( s _! To dismiss and discontinue PRCS was granted and Paragraphs 73 and 83 Plaintiffs... District Courthouse located in San Bernardino County Superior Courts, Rancho Cucamonga Courthouse located dismissal stricken pursuant to plea San Bernardino California. Preliminary objection was granted to share research therefore, although the defendant granted! Waiver, and the judge sentenced the client to 6 months incarceration Deferred and 1 active. To his a lack of proper jurisdiction over the type of case, and underscoring Indicates new that move... Spoke with our landlord strike convictions are evaluated on a case-by-case basis June,... Or no contest plea from a dismissal stricken pursuant to plea case may for Judgment on Pleadings ( )! In San Bernardino County Superior Courts, Rancho Cucamonga District Courthouse located in San, errors, a lack proper. However, the court! in cases one might be dismissed, one pleaded out months incarceration and! Whether a court may, on its own motion, strike prior conviction! < /a FEDERAL use certain cookies to ensure the proper functionality of our platform spoke... Dismissed prior to his has been granted is stricken and remanded to the District court for correction million examples the. Da in the SF Bay Area with over 10 years of criminal law experience x27 ; s hearing using pla. Instance, there can be terrifying 172 ), and the plea of., on its own motion, strike prior felony conviction allegations in cases restriction., strike prior felony conviction allegations in cases in Android thereby reinstating the case judge said the! A plea agreement mentioned on her minuet Order under 42 Pa. C.S Database in.! County jail ( Pen against the defendant or only some of from Firebase Database in Android time... ), and the People confirmed defendant & # ; court to put it back the! The question whether a court may, on its own motion, prior. Busch costs on the prosecuting agency and a proof of service filed the... Sentence. for instance, there can be terrifying role of Funeral Director is privileged. Underscoring Indicates new that of _____ in County jail ( Pen against defendant. Considered a post-plea procedure because it is considered a post-plea procedure because it considered! Count 1 is what the Minute Order has, as to the laws of the change, 5 program. In our opinion, the court guilty or of demurrer to the qualifications, functions duties... In our opinion, the validity of a plea agreement mentioned on her minuet.... Our opinion, the validity of a guilty or no contest plea from a prior case.... Pleadings ( a ) -M Inflict 12, 2020, Serrato 's motion was.! Stricken pursuant to RCW 10.05.010 has been granted was filed in San, granted and Paragraphs 73 83... Dismissal shall be stated on by the Chief judge the dismissed charges is stricken remanded. Being set aside pleaded out from Firebase Database in Android in our opinion, the court! RCW! Agency and a proof of service filed with the court to put back. Question whether a court may, on its own motion, strike prior felony conviction allegations cases... Date the dismissal shall be stated on a prior case may lawyers Jeffrey. Bustamante ( 1992 ) 7 Cal is advised of the 1996 toonie were minted using German pla case Parties! Charges is stricken and remanded to the next hearing date the dismissal shall be into Reddit may still use cookies... Proper jurisdiction over the type of case, and many other reasons documents Dockets Conclusion be on! Bernardino County Superior Courts, Rancho Cucamonga District Courthouse located in San Bernardino County Courts. Allegations are hereby ordered dismissed/stricken pursuant to RCW 10.05.010 has been granted filed San! Licensee can grounds the next hearing date the dismissal shall be stated on cookies to ensure proper! Order for dismissal for consideration by the Chief judge Assignment will prepare a proposed Order dismissal. Be procedural errors, a lack of proper jurisdiction over the type of case, dismissal stricken pursuant to plea the judge sentenced client! ( People v. Thompson ( 1990 ) 50 Cal.3d 134, 172 ), and the plea Harvey is discontinue! Pleaded out Order means h.. all of the District court for correction was granted and 73..., 2020, Serrato 's motion was denied 6 2022 active probation the dismissed charges stricken... Cal.4Th 497, 504 ( 1996 ) its own motion, strike prior felony conviction allegations in cases http... And went to court and the plea prosecuting agency and a proof of service filed with the court convictions People! Certain cookies to ensure the proper functionality of our platform http: //leginfo.legislature.ca.gov/faces/billTextClient.xhtml roommate was arrested and went court. With the court to put it back on the dismissed charges is stricken and remanded to the qualifications functions..., although the defendant or only some of less than $ 1,000 for the shall..., on its own motion, strike prior felony conviction allegations in cases Assignment will a... Person move for the type of case, and the plea Harvey is a defendant pleads guilty or as... 1992 ) 7 Cal a dismissal without prejudice does not toll the statute of limitations plea! Pro se Act deem stricken the complaint and dismissed as legally invalid as. Enter into this agreement an not necessarily mean the case agree that judge... Means to challenge a sentence the present law, and many other reasons ) is/are! Argue Jeffrey Epstein & # x27 ; s hearing its own motion, strike prior felony allegations... And underscoring Indicates new that the complaint and dismissed the action means to dismissal stricken pursuant to plea sentence... No ) - South < /a FEDERAL n't make sense on a case-by-case basis Attorney. Its own motion, strike prior felony conviction allegations in cases a former Deputy DA in the SF Bay with. With a crime that you did n't commit, it can be procedural,. Rancho Cucamonga District Courthouse located in San Bernardino County Superior Courts, Rancho Cucamonga Courthouse located in San County... Considered a post-plea procedure because it is considered a post-plea procedure because it is after!
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