DEFENDANT'S MOTION FOR NEW TRIAL...SENTENCING
Mr. Miceli also present with Mr. Pitaro. Court advised it does not believe
Defendant is entitled to a new trial and, ORDERED, motion DENIED. Court
further advised that if you look at the elements of the crime there is a
merger between the two (2) counts and inquired what count the State would
like to proceed on and Mr. Ferguson responded Count 2. COURT ORDERED, Count
1 DISMISSED. By virtue of JURY VERDICT of 8/21/08 and by ORDER of this
Court, DEFENDANT SYLVER ADJUDGED GUILTY OF COUNT 1 - THEFT ($2,500.00 OR
MORE)(F). Statements by Mr. Ferguson regarding the instant offense. Mr.
Ferguson requested Court impose a twelve (12) to forty-eight (48) month
suspended sentence and that thirty (30) days jail time be a condition
thereof. COURT ORDERED, in addition to the $25 Administrative Assessment
Fee and RESTITUTION in the amount of $11,227.01, Defendant SENTENCED to a
MINIMUM of TWELVE (12) MONTHS with a MAXIMUM of THIRTY-SIX (36) MONTHS in
the Nevada Department of Corrections (NDC) IMPOSED and to submit to testing
to determine genetic markers and pay a $150 DNA Analysis Fee to the Clerk of
the Court, SUSPENDED; placed on PROBATION for an indeterminate period not to
exceed FIVE (5) YEARS. CONDITIONS:
1. Defendant is to provide the Division of Parole and Probation (P&P)
full and complete financial disclosure.
2. Defendant is to abide by any curfew imposed by P&P.
3. Defendant is to complete sixteen (16) hours of community service work
each month.
4. Defendant is to pay $11,227.01 restitution during the term of
Probation.
5. Defendant is to sign a Civil Confession of Judgment.
6. Defendant is to disclose and provide documentation to P&P of his
employment.
Mr. Pitaro requested Defendant not have to sign a Civil Confession of
Judgment pending the appeal and, COURT ORDERED, condition #5 above STAYED
pending appeal. Court informed Mr. Pitaro, however, that Defendant still
needs to make the restitution payments monthly in the amount to be
determined by P&P. BOND, if any, EXONERATED and CASE CLOSED.
BUT...he faces another trial, set to begin on 6 April 2009...
COURT ORDERED, presence of Defendant is WAIVED. Upon inquiry by the Court,
Mr. Micelli advised that a trial date needs to be set as the District
Attorney who originally negotiated this matter is no longer employed there.
COURT ORDERED, matter set for Trial; Counsel to file a written
acknowledgement by Defendant of the trial dates.
O.R.
4/2/08 9:00 AM CALENDAR CALL
4/6/08 10:00 AM JURY TRIAL |
