By Daniella Dueñas
WOODLAND, CA – Eric Robert Polk, in custody, took a deal in his case with his attorney, Deputy Public Defender Rodney J. Beede, this past week in Yolo County Superior Court in front of Judge Tom Judge Dyer.
“Mr. Beede,” Judge Dyer begins, “Is there a resolution here?” Attorney Beede acknowledged there was, to which Judge Dyer signaled documents in his hands that need the accused’s signature.
Polk had five misdemeanor convictions and two enhancements pertaining to Case 17-3433, driving while under the influence, and a felony conviction and enhancement from Case 22-2331, vandalism.
“I understand there’s gonna be a plea to Count 1 on vandalism as a felony and no state prison at the outset,” Judge Dyer explained.
Beede said, apart from the plea, there would be drug and alcohol conditions as well as domestic violence counseling for Polk. Judge Dyer informed the accused of his right to a jury trial and his right against self-incrimination.
Polk pleaded no contest to Count 1, the felony charge, and the enhancement was dismissed.
With the plea of no contest, however, there is a violation of misdemeanor probation. “That probationary grant will be terminated unsuccessful,” stated Judge Dyer, “We’re going to be putting this matter out for sentencing.”
“Can I be heard, your Honor?” interjected PD Beede, “My client is a long-time resident of Yolo County, he has a father who lives in rural Dunnigan. This is a situation where his significant partner for many years, he had an ongoing troubling relationship with. He understands that he would be subject to a criminal protective order to not go within 100 yards of her or anyplace where she is.”
Beede requested his client live with his father and to be released on appropriate terms, such as probation as a condition and possibly supervised OR.
“I do think he should be released and allowed to go home with his dad,” Beede reiterated.
Judge Dyer turned to Deputy District Attorney Alex Kian, asking for his stance on the request. “Submitted. I believe the protective order should still be in effect,” Kian replied.
The hearing was vacated with the plea, leaving the issue of the criminal protective order to be deliberated.
“I’m going to release Mr. Polk on supervised OR (own recognizance)… you have a criminal protective order. Stay away from this individual that I already stated,” Judge Dyer ordered.
Other conditions from the court were to not commit another offense, have no contact with any law enforcement, and that he is subjected to be tested for alcohol.
Before the hearing was adjourned, Kian requested that they keep a GPS at the discretion of probation, as his next hearing for sentencing is not until Nov. 4.