By Stefanie Young
SACRAMENTO, CA – On May 1, 2020, the defendant, Javier Cobian Davalos, accepted a plea agreement which required him to plead no contest to a stalking felony.
The hearing, held via Zoom and live-streamed via YouTube, involved Judge James Arguelles, Deputy District Attorney Ruanne Dozier (who was filling in for DDA Anissa Galana), Public Defender Amanda Fouci (who was filling in for PD Ali Sameera), and Davalos. Davalos was charged with three felonies, including stalking, making criminal threats, vandalism, and a misdemeanor of violating a restraining order. The plea agreement only involves the stalking charge as the other charges were dismissed.
Between February 16, 2020, and March 5, 2020, Davalos allegedly committed a felony by maliciously and repeatedly following and harassing the alleged victim. She allegedly feared for her safety and that of her family. DDA Dozier stated that the incidents allegedly occurred at someone else’s home because the alleged victim worked at that home.
Davalos stipulated to the facts of the case and was sentenced to serve a maximum of three years in prison, with five years of probation. As of today, Davalos has served 180 days, been credited for 107 days, and had a balance of 73 days left to be suspended unless Davalos violated probation.
DDA Dozier stated that the domestic violence victim wanted to provide a victim statement but failed to respond in time for the hearing.
Davalos pleaded no contest to the stalking felony charge.
Judge Arguelles explained to Davalos the rights that he was giving up by pleading no contest to the stalking charge, including but not limited to a preliminary hearing, right to use a defense, testify in his own defense, and the right to remain silent. Judge Arguelles also confirmed that Davalos was agreeing to relinquish his rights freely and voluntarily.
Davalos stated on the record that he agreed to plead no contest to the charges and relinquish his rights.
Judge Arguelles then explained the conditions of Davalos’ probation. Davalos must attend 24 Narcotics Anonymous (NA) meetings within six months, attend mental health counseling at Wellspace (as recommended by DDA Dozier, but not required), take any medications prescribed and recommended, pay restitution to the victim of not less than $3000 but no more than $10,000, not have any contact with the victim and the homeowners for 10 years, and not possess any dangerous or deadly weapons. Davalos must also check-in with his probation officer no later than Tuesday, May 5, 2020. If Davalos violates any of his probation conditions, he may be returned to jail to complete the remainder of his sentence.
DDA Dozier also requested the probation conditions to include a search and seizure clause because of a prior incident where Davalos allegedly had a razor blade in his pocket and threatened to harm himself when he was arrested for a 5150 hold. Judge Arguelles explained that this was already one of Davalos’ probation conditions.
The court struck all fines and fees except for the $30 court facility fee and a $40 court security fee.
Additionally, Judge Arguelles issued a Harvey waiver for Davalos’ vandalism charge, indicating that the dismissed charges can be considered in the sentencing, and found Davalos liable for restitution.
Davalos’ next court date is July 2, 2020, at 8:30 AM in Department 63 and he must show proof that he has at least been enrolled in NA meetings.
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