By Leslie Acevedo
VENTURA, CA – Judge Bruce A. Young sentenced a man here in Ventura County Superior Court this week to 120 days in county jail despite the defense attorney stating the man was the “least culpable.”
Judge Young said the accused was compliant with Prop 63, and scored a six on the risk assessment scale, considered low.
Judge Young noted the accused has a modest income of $2,600.00 a month, employed in construction, but has a limited ability to pay fines and fees.
Judge Young said probation recommended 180 days in jail because of the charges involving transferring guns and other circumstances, including drugs and gangs.
Conflict Defense Attorney Eric Luce told the court he had 20 letters from the accused’s support system, noting the accused is 23 years old, from Oxnard, and still living with mother and sister, having graduated from adult school about a week before the last court appearance.
Luce added the accused is the primary caretaker to his one-year-old and three-month-old nephew, denied the accused had drug and gang issues, and suggested he was unduly influenced by another co-defendant to participate.
Defense Attorney Luce said the accused has no criminal history or aggravating factors, lack of involvement in the crime, and the co-accused took advantage of him.
Originally the prosecution wanted 365 days in custody, added Luce, explaining the accused had taken classes in medical assessment training, and now understands the sentence would negatively affect his medical career.
Conflict Defense Attorney Luce argued the accused was the least culpable person involved in the case and requested 45 to 90 days in jail, noting a co-accused resolved his case for 90 days in jail.
Senior Deputy District Attorney Rameen Minoui recommended the 180 days.
Judge Young sentenced the accused to 120 days in county jail and 24 months of felony probation. Judge Young imposed weapons and gang terms apart from terms and conditions of probation.
Judge Young imposed a $300 fine and a second one pending successful completion of probation.
The accused has a turn-in date of April 5. The accused can appeal Judge Young’s decision within 60 days, by May 30.
