1 SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, HARBOR JUSTICE CENTER 2 NEWPORT BEACH FACILITY-SOUTH

3 4 5

ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 03/12/2010 02:28 PM ALAN CARLSON, Clerk of the Court

10SM00974

6 THE PEOPLE OF THE STATE OF CALIFORNIA, )

7 )

COMPLAINT

Plaintiff, )
8
9 ) )

vs. 10 11 JOSEPH MARK WEXLER C5209876 12 13 1I

) )

03/13/69 )
) )

No. OCSO 10-027779 RANCHO SANTA MARGARITA

~D~e~f~e~n~d~a~n~t~(~s~)~) in Orange

14 The Orange County District Attorney charges that 15 County, California, the law was violated as follows:

16 COUNT 1: On or about February 13, 2010, in violation of Section 17 602.5(a) of the Penal Code (UNAUTHORIZED ENTRY OF A DWELLING), a MISDEMEANOR, JOSEPH MARK WEXLER did unlawfully enter and remain 18 in a noncommercial dwelling house, apartment, and other 19 residential place without the consent of A. BARNOFF, the owner. 20 COUNT 2: On or about February 13, 2010, in violation of Sections 21 594 (a)/ (b)(2) (A) of the Penal Code (VANDALISM UNDER $400), a MISDEMEANOR, JOSEPH MARK WEXLER did maliciously and unlawfully 22 deface with graffiti and other inscribed material, damage, and 23 des troy RADIO, real and personal property belonging to A. BARANOFF, in an amount less than four hundred dollars ($400). 24 25 /

/
26 / 27 / / 28 / /

/
MISDEMEANOR COMPLAINT E-FILED (DA CASE# 10S00398) 03-26-2010 OC DNA NOT ON FILE: JOSEPH WEXLER

JOSEPH MARK WEXLER OCSO 10-027779 PAGE 2

1

2
3

I declare under penalty of perjury, on information that the foregoing is true and correct. Dated 03-12-2010 at Orange County, California. HM/LEM 10S00398

and belief,

4
5 6
7

TONY RACKAUCKAS, DISTRICT ATTORNEY by: /s/ DAN HESS DAN HESS, Deputy District Attorney RESTITUTION CLAIMED

8
9

10 11 12 13 NOTICES: 14 15 The People request that defendant and counsel disclose, within 15 days, all of the materials and information described in Penal 16 Code section 1054.3, and continue to provide any later-acquired 17 materials and information subject to disclosure, and without further request or order. 18 19 Pursuant to Penal Code Section 296.1, defendant, JOSEPH MARK WEXLER, is required to provide DNA samples and thumb and palm 20 prints. 21
22

None

$----

To be determined

23 24 25 26 27 28

MISDEMEANOR COMPLAINT E-FILED (DA CASE# 10500398) 03-26-2010 DC DNA NOT ON FILE: JOSEPH WEXLER

SUPERIOR COURT (

THE STATE OF CALIFORNIA, C(

NTY OF ORANGE

MINUTE ORDER
,-_._-_. Report Request Criteria ---_._- -

Case Number

10SM00974 M A

1, Docket Date Range 2, Sequnce Number Range:

: Date filter Sequence filter

People Vs Wexler, Joseph Mark

3, Docket Category

: Category filter

Docket Dt

Seg

:'

.,

4/16/2010

1 2 3 4

Hearing held on 04/16/2010 Arraignment.

at 08:30:00 AM in Department H8 for

Officiating Judge: Brett London, Judge Clerk: P. L. Metoyer Bailiff: C. T. Kerr Court Reporter: None People represented by Christy Gray, Deputy District Attorney, present. Defendant not present in Court represented by Bradford Calvin, Retained Attorney. To the Original Complaint defendant pleads NOLO CONTENDERE as to count(s) 1, 2. Defendant waives statutory time for Sentencing. Counsel joins in waivers and plea. Court finds factual basis and accepts plea. Court fjnds defendant intelligently and voluntarily waives legal and constitutional rights to jury trial, confront and examine witnesses, and to remain silent. Defendant's written waiver of legal and constitutional rights for nolo contendere plea received and ordered filed. No legal cause why judgment should not be pronounced and defendant having Pled Nolo Contendere to count(s) 1, 2, Imposition of sentence is suspended and defendant is placed on 2 Year(s) INFORMAL PROBATION on the following terms and conditions: Violate no law. Pay $100.00 Restitution Fine pursuant to Penal Code 1202.4 or Penal Code 1202.4(b). Pay $100.00 Probation Revocation Restitution Fine pursuant to Penal Code 1202.44. Restitution fine stayed, to become effective only upon final revocation of probation. : '.Ji2;

5
6 7 10 11 12 13 14

17 20

21 23 24

Name: Wexler, Joseph Page 1 of 2

Mark MINUTE ORDER

Case: 10SM00974 M A Report Date: 04/16/2010

09:12

.'

SUPERIOR COURT <.

THE STATE OF CALIFORNIA,

c, .NTY

OF ORANGE

MINUTE ORDER
Report Request Criteria

Case Number

10SM00974 M A

1. Docket Date Range 2. Sequnce Number Range:

: Date filter Sequence filter

People Vs Wexler, Joseph Mark

3. Docket Category

: Category filter

Docket Dt

Seg

Text

4/16/2010

25 26

Pay $30.00 Security Fee per convicted count pursuant to Penal Code 1465.8. Pay Criminal Conviction Assessment Fee per convicted count of $30.00 per misdemeanor/felony and $35.00 per infraction pursuant to Government Code 70373(a)(1). Pay $10.00 plus penalty assessment Local Crime Prevention Fund pursuant to Penal Code 1202.5. Payment of all monies due stayed to 01/18/2011. Defendant ordered to pay in full or report to the Collections Department by 01/18/2011. Pay restitution in the amount as determined and directed by Victim Witness as to count(s) 1.. Court orders 10% interest on judgment from today's date. Complete and return Statement of Assets form to court by 05/17/2010. Complete 80 Hours Community Service as directed by Volunteer Center as to count(s) 1, 2. Community Service stayed to. 01/18/2011
t ,':.r.;;-~.)t..:\..)rn::'\

28 29 30 31 32 33 34 35 36 37

for proof of completion. Center within 72 hours.

Defendant ordereg}o re,p~~rgf'p.'~nteer

Defendant is required to complete a new financial disclosure form if money is still owing on a restitution order or fine 120 days before the scheduled release from probation. Defendant is required to file the form with the court at least 90 days before the scheduled release from probation. Defendant accepts terms and conditions of probation.

38

Name: Wexler, Joseph Mark Page 2 of 2 M!NUTE 9~D~~~",+,

. ~ .. , \ IL
.J ( .'tl

Case: 10SM00974 M A Report Date: 04/16/2010

09:12

~ .":RIOR COURT, COUNTY OF ORJ GENt., .L MISDEMEANOR GUILTY PLEA,

CASE NO.

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PEOPLEvs.

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_

1.
2.

My true full name is

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---

I understand that I am pie no contes and admitting the following offenses, prior convictions, and special punishment allegations, with the urn punishment indicated below. PRIORS/ALLEGATIONS
(Date)

ALAN CARLSON.

Clerk . oWhe Court

3.

I understand I am also Charged with a violation of probation in Case No.

-=-~_:::_-::-::::. BY: P. METOYEfl....,DEPUTY

fh~J

RIGHTS AND WAIVERS 4. I understand I have the following constitutional rights, which I am waiving and giving up by entering this plea of gUilty, or no contest, and if applicable, by my admission of a probation violation. 4a. I understand I have the right to be represented by an attorney at all stages of the proceedings until the case is terminated. If I cannot afford an attorney, one will be appointed to represent me free of charge. (For defendants who do not have an attorney; I give up my right to an attorney and choose to represent myself). I understand I have the right to a speedy and public trial by ajury up this right. I understand .1have the right to confront I waive and give up this right. the witnesses or a judge. I waive and give

4b.

4c.

against me and to cross examine them.

4d.

I understand I have the right to testify on my own behalf but that I cannot be compelled to be a witness against myself, and may remain silent if I choose. I waive and give up this right. I understand I have the right to present and produce evidence by having the Court issue subpoenas to bring into Court all witnesses and evidence favorable to me, at no cost to me. I waive and give up this right. I understand that under the Fourth and Fourteenth Amendments to the United States Constitution, I have a right to be free from unreasonable searches. I waive and give up this right. If I am granted probation, I agree to submit my person and property, including any residence, premises, container or vehicle under my control to search and seizure at any time of the day or night by any law enforcement or probation officer with or without a warrant, and with or without reasonable cause or reasonable suspicion.

4e.

4f.

I.

I understand I have a right to appeal an adverse ruling on a Penal Code 1538.5 Motion (Suppression motion). I give up this right. I understand that I have a right to have a delay in pronouncement of my sentence of not less than six hours and not more than five days after my plea. I give up this right and agree to be sentenced at this time.

276 BY 9/14/05

GENERAL MISDEMEANOR GUILTY PLEA FORM

7. I understand I have the right to reject probation and I hereby waive and give up that right and accept probation on the terms and conditions )( as imposed by the court,

7a.

I also understand if the judge does not wish to follow the District Attorney's recommendation, I may withdraw my plea of guilty or no contest.

sentence

7b.

I also understand that if I violate any of the terms of probation, I may be returned to court and sentenced up to the maximum punishment as indicated in number 2 above.

CONSEQUENCES 8. I understand the possible consequences 8a. 8b. of my guilty plea or plea of no contest, and admissions are as follow':

I understand there will be state penalty assessments (tax) added to any fines imposed by the court. I understand I will be ordered to pay a minimum of $100 and a maximum of $1,000 to the State Restitution Fund unless the court makes a finding of "compelling and extraordinary reasons" for waiving this fine.

8c.

I understand I will be ordered to pay a $100 Probation Revocation Restitution Fine pursuant to PC
1202.44 and that this Restitution Fine will be stayed and become effective upon final revocation of probation.

8d.

I understand that if I am not a citizen of the United States the conviction for the offense charged may d.' .have the consequence of deportation, exclusion from admission to the United States, or denial of r....-.7~'---:';;-,--' . naturalization pursuant to the laws of the United States. / / I understand that if I am charged and convicted of a similar offense in the future, my plea of guilty or no contest today may be used to increase my punishment for the new offense.
r-::f-e;;-f"7<--

8e.

8f.

I understand that if I am presently on probation or parole for any previous conviction, my plea of guilty (/ or no contest today may cause me to be in violation of that probation or parole and result in additional penalties and/or punishment. I understand there may be additional consequences to my plea of guilty or no contest, as follows: (delete those not applicable)
For specified sex offenses: Register as a sex offender as required by section 290 Penal Code

8g.

For specified drug offenses: Register per 11590 Health and Safety Code. 8h.
I

I understand that DMV may take action and suspend my license for specified offenses, and vandalism as follows:

drug, alcohol /:
. !

/2.
./

EVERYONE convicted of PC 594, 594.3, 594.4 (Vandalism) 1 year suspension. UNDER 21 Years of (3ge- Suspended for 1 year for violation of Penal Code 647f,192.5; Health and ' ! Safety Code violations involving dangerous drugs, controlled substances, and alcohol; Business and/'y;;,,8;.,;.. f--=.~,J Professions Code 25658,25658.5,25661,25662; Vehicle Code sections 23222,23224.

~& .

1276
Rev 9/14/05

Page 2 of 3
.I

~ -RIOR COURT, COUNTY OF OR E GENt:,~L MISDEMEANOR GUILTY PLEA rORM

9.

I understand I have the right to enter my plea before, and be sentenced by, a judge. I give up this right and agree to enter my plea before, and be sentenced by, a commissioner or temporary judge. __ . (Enter name of commissioner or pro tem judge).
,/_ ,__._--.:::.:c-~-=-----""'.,

PLEA

10.

11.

I offer my plea of GUlL TY(or NO CONTEST..-arrd admit the listed priors and enhancements, freely and voluntarily. No one has made any threats, ~yrorceagainst me or my family or loved ones, and no one has made any promises to me other than as set out a;Qfkth~e Recommendation form. ~ '. . My plea of GUlL ~~de with a full understanding of all the matters set forth in the Complaint and in this form, which J declare under penalty of perjury that I have read, understood, and that I have personally initialed each item herein. I further declare that everything on this form is true and correct and understand that the signing and tiling of this form is Conclusive Evidence that I have pleaded guilty or no contest to the charges set forth. Factual basis:

12.

~(~C.::O:;::-=::.:JR:_=_~-=---\J_=:_O~,:.;...Ae=_:~J:):......i-A.e=-)-=------

(~'pu'a+ed)
EXECUTED at DATED:
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J/ ill 1/
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NewpoR\- 'Beac.h

califo.,'"

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SIGNED (DEFEN~-. +:i:11)~?..F~':"""':"---7iZ=~-------

(';h<l1//... W~

DEFENDANT'S ATTORNEY: I am the attorney of record for the defendant. I have explained each of the above rights to the defendant and answered all of the defendant's questions with regard to the plea. I have discussed the facts of the defendant's case with the defendant and explained the consequences of this plea, the elements of the offense(s), the possible defenses, and the sentence to b~ imposed. I concur in this plea and in the defendant's d~n~~Ve-htS'/l1er constitutionaJrlg1i1. -" . DATED: ~ -

Z5'

SIGNED

(,

(An"'bRNEY

=~
O~

INTERPRETER'S STATEMENT: Having been sworn or having a written oath on file, I certify that I translated this form to the defendant in the language. The defendant stated that he / she understood the contents of this form and then he / she initialed and signed the forin. DATED: _ SIGNED ~-----(COURT INTERPRETER)

FOR THE PEOPLE: DATED:_----'" _ SIGNED _

(BAILIFF'S SIGNATURE AND BADGE# Right Thumb Print

1276 Rev 9/14/05

Page 3 of 3

PEOPLE VS Count(s) Count(s) Count(s) TERMS ~ I.S.S., ~years Count(s)

_ SENTENCE RECOMMENDATION ;,)C5C':3{,h U---c.::..x(c_r. dismissed on motion of People stayed per PC 654 suspended Formal _

FORM - GENERAL MISDEMEAN~R C> CASENO/o 0&777 I

o o

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~

Ofrom the date of sentencing Ofrom the date of loss Complete and return Statement of Assets form by Defendant is required to submit a new financi;;;--' disclosure form if money is still owing on a restitution . order or fine 120 days before the scheduled release from probation. Defendant is required to file the form with the court at least 90 days before the scheduled release from probation. Pay COSTS of FORMAL PROBATION as directed Probation Officer. Pay booking fees in the amount of $ days OCJ on Count _ by

8
~

l([QformaJ)ROBATION

as to

o o o o o o o
o

o o o o o o FINES AND FEES o Pay a fine of $ o Pay a fine of $

D

Violate no laws DObey all order and rules of Court, Probation Department & Jail. Submit to search and seizure Use no unauthorized drugs, narcotics or controlled substances and submit to chemical testing on demand of probation officer or police officer. Cooperate with Probation Department in any plan for counseling or treatment. Seek training, schooling, employment and maintain residence as approved by the Probation Department. Do not associate with anyone disapproved of by your probation officer. Submit to AIDS testing 0 Attend and complete AIDS Preventions Education Do not own, pse or possess any type of dangerous or deadly weapon. Court orders weapon destroyed. Do not drive without a valid CDL. Do not drive without valid insurance. Use TRUE NAME and date of birth at all times. Carry valid picture 10 at all times. Consume no alcoholic beverages and do not be present in any establishment where alcohol is primary item of sale. Disclose probation terms upon request of Peace Officer.
+ P.A. on count

o o
D

o days OCJ on Count _ o Credit for actual + conduct = total o Sentence(s) to run consecutive I concurrent to each other I_any other sentence I case _ o To be served in State Prison concurrently o Jail stayed pending _ o May be released to an authorized representative of the
___________ program to serve

JAIL Serve Serve

o o

remainder of jail sentence. Receive day for day credit. If program not completed, full jail sentence to be imposed with no credit for time served. Obey all rules of program and do not leave program without court approval. Book and release and show proof by JAIL STAYED to at __ am/pm. to Thea Lacy I OCJ No work release 0 No County Parole No Electronic Confinement D No CWP C plete ours days omm. Ser . rans I Cal rans as Physical Larn'Jl~-_J D In lieu of fines D In lieu of jail Complete Graffiti Removal as to count _ (Vandalism) Driving privilege suspended for 1 year. (Alcohol I Drugs - Under 21) Driving privilege suspended for 1 year. Complete __ AAiNA rneetinqis) per week / month as to count Probation to terminate / be modified to Informal status

Report

+ P.A. on count

_ _

Commit on fine(s) on count(s) __ ----'~~ _ ~ Pay $100.00 State Restitution Fine ~ Pay $30.00 Security Fee (per convicted count) ~ Pay $100 Probation Revocation Restitution Fin pursuant to PC1202.44. Restitution fine sta d; to become effective upon final revocation of obation. Pay' $50 Lab fee. Pay Criminal Conviction Assessment Fee(s) $30/misdemeanor; $35/infraction (per convicted count) pursuant to G.C. 70373(a)(1). 0 Fines/Fees to be paid forthwith

Cal

o
D

o
o

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Fines/Fees to be paid through Collections Fines/Fees to be paid through Probation. Pay $ by~ to Victim Witness Emergency Fund _ amount of $ or as ictim Witness DProbation. ht to a hearing.

o
o
Defe nda nt's Sig natu re .U,L---'il.....-~--=--'=7=--'--"~.-D.A I CA Signature .#
__

Ma e Restitution~'n t"--rl!~ermined throu h Defendant ad vis a

-------~--------

State of California County of () C""-- __

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On

LI! g-/

>l_before me,

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Notary Public, personally appeared who proved to me on the basis of satisfactory e idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislhedtheir authorized capacitytiee), and that by his/her4h@r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

~~11\.1 ( tft-..-\)l (~SC JOe: p.-'lJrJ r ~'1 D r V Lu

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Signature -b"'--'-I'Ir-\----'~'--\:;;~""--------='--------(Seal)

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AMVC.ANDEtSON Commll,'on # }77196} Notary Public. Callforn'a Orange County

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SUPERIOR COU~,

OF THE STATE OF CALIFORNIA,

-.JOUNTY OF ORANGE

HARBOR JUSTICE CENTER - NEWPORT BEACH FACILITY 4601 Jamboree Road, Newport Beach, CA 92660.

PROBATION ORDER
Defendant Name: Wexler, Joseph Mark Address: 8 Santa Nella, Rancho Santa Margarita, CA 92688 USA. Wexler, Joseph Mark 03/13/1969 C5209876 CA Sex: M Hair: Brown Eyes: Brown Height: Weight: BAC: BKG#: DR#: Dept: 6' 1" 175 Case No: 10SM00974 Date Sentenced: 04/16/10

AKAs: DOB: DLN:

Violation Date: 02/13/10 Prosecuting Atty: Gray, Christy Issuing Agency: Orange County District Attorney Date of Order: 04/16/10 Judge: London, Brett

10-027779 H8

Balance Due $256. Charging Doc: Original Complaint CNT OL CHARGE 2 M 594(a)/(b)(2)(A) PC

CNT OL CHARGE 1 M 602.5(a) PC

Defendant not present in Court represented by Bradford Calvin ,Retained Attorney. To the Original Complaint' defendant pleads NOLO CONTENDERE 1,2 . as to count(s)

Defendant waivesstatutory time for Sentencinq . , No legal cause why judgment should not be pronounced and defendant having ,Pled Nolo Contendere to count(s) 1,2 ,Impositiqq:;,of sentence is suspended and defendant is.placed on 2 Year(s) INFORMAL PROBATION on the following terms and conditions: Violate no law. Pay $100.00 Restitution Fine pursuant to Penal Code 1202.4 or Penal Code 1202.4(b). Pay $100.00 Probation Revocation Restitution Fine pursuant to Penal Code 1202.44.' Restitution fine stayed, to become effective only upon final revocation of probation. . Pay $30.00 Security Fee per convicted count pursuant to Penal Code 1465.8. Pay Criminal Conviction Assessment Fee per convicted count of $30.00 per misdemeanor/felony and $35.00 per infraction pursuant to Government Code 70373(a)(1 ). Pay $10.00 plus penalty assessment Local Crime Prevention Fund pursuant to Penal Code 1202.5.
Page 1 of 2

Wexler, Joseph Mark 10SM00974

Rpt Date: 04/16/1009:12

AM

SUPERIOR COUk

OF THE STATE OF CALIFORNIA,

GOUNTY OF ORANGE

HARBOR JUSTICE CENTER - NEWPORT BEACH FACILITY 460'1 Jamboree R9ad"~c'J10rt Beach, CA 92660.

PROBATION ORDER
Defendant Name: Wexler,

Joseph Mark
.

Case No: 1OSM00974

Payment of all monies due stayed to 01/18/2011

Defendant ordered to pay in full or report to the Collections Department by 0'1/18/2011 . ' Pay restitution in the amount as determined and directed by Victim Witness as to count(s) 1. . Court orders 10'% interest on judgment from today's date. Complete and return Statement of Assets form to court by 0'5/17/20'10' Complete 80' Hours count(s) 1,2 . .

Community Service as directed by Volunteer Center as to for proof of completion.

.

Community Service stayed to 0'1/18/2011

Defendant ordered to report to Volunteer Center within 72 hours .

.:
.-

Defendant is required owing on a restitution probation. Defendant before the scheduled

, ,
, ! ;.

to complete a n~w finan'~'9:~9:i~iilosure form if money is still' order or fine 120"days beforethe scheduled release from is required to file the form with the court at least 90 days release from probation.

Defendant accepts terms and conditions of probation.

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P;:!Of"

2 of 2

Wexler, Joseph Mark

- 10SM00974

Rpt Date: 04/16/1009:12

AM

SUPERIOR COURT (

THE STATE OF CALIFORNIA,

CL _NTY OF ORANGE

MINUTE ORDER
,----Report Request Criteria --

Case Number

1OSM0097 4 M A

1. Docket Date Range 2. Sequnce Number Range:

: Date filter Sequence filter : Category filter

People Vs Wexler, Joseph Mark

3. Docket Category

Docket Dt

Seg

3/26/2010

1 2

Hearing held on 03/26/2010 Arraignment.

at 08:30:00 AM in Department

H8 for

Officiating Judge: Brett London, Judge Clerk: E. Burch Bailiff: C. T. Kerr Court Reporter: None People represented by Michelle Vohnout, Deputy District Attorney, present. Defendant not present in Court represented by Bradford Calvin, Retained Attorney. ' Copy of Complaint given to Attorney Calvin. Arraignment continued request of Defense. to 04/16/2010 at 08:30 AM in Department H8 at

3 4 5 6 7 8 9 10
11

Defendant waives statutory time for Arraignment. Defendant waives the right to be arraigned today. Court orders defendant released on own recognizance.

12

Name: Wexler, Joseph Page 1 of 1

Mark MINUTE ORDER

Case: 10SM00974 M A Report Date: 03/26/201016:20

OFFICE OF THE

DISTRICT ATTORNEY
ORANGE COUNTY, CALIFORNIA TONY RACKAUCKAS, DISTRICT ATTORNEY
:'J

~ -.r ....
,

March JOSEPH

12, 2010 MARK WEXLER CA 92688

~.

8 SANTA NELLA RANCHO SANTA MARGARITA,

NOTICE

OF COMPLAINT

FILED

A complaint was filed in the Harbor Justice Center charging that on or about 02-13-2010 you committed a violation of section(s) 602.5(a) PC UNAUTHORIZED ENTRY OF DWELLING 594(a)/(b) (2) (A) PC VANDALISM IN AN AMOUNT

UNDER

$400

To enter a plea of guilty or not guilty of said charges, you are hereby notified to appear on 03-26-2010 at 8:30 AM, in Court Room AS POSTED of the Justice Center below: HARBOR JUSTICE CENTER Newport Beach Facility-South 4601 Jamboree Rd. Newport Beach, CA 92660 (949) 476-4650 ~f you fail to appear at said time and place, a warrant may be issued your arrest.

for

Re: 10S00398
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