9TH CC
REPORT FOR CASE CR00-1206
Felony Circuit Criminal
STATE OF
Party Name: PROENZA-SANFIEL, JOSE NICASIO
Defendant
Uniform Case Number: 49 2000 CF 001206 0001 CR
Date Filed:
Title: AGGRAVATED ASSAULT ON POLICE O
Status : PROB
Judge :MTW Offense
Dt:
Status Dr.:
Notes : APPEAL #
iD01-1941 Case Bal. : 428.00
Sentencing Judge: KANEY. FRANK N Circuit Court (
8-23-2k00 )
Judge WALLER.
MARGARET T ( Replacement ) Circuit Court (
5-10-2k01 )
STATE OF
Plaintiff
DAVIS, STEVE C
078468
States Attorney 407-343-0145 BUS
Pty 1
PROENZA-SANFIEL. JOSE NICASIO
DOC# X30551 N.F.R.C. H-22127
Physical: DOB:
Sex: M Race: WHITE Eye:
BRN Hair: BLK
Hgt: 502 Wgt: 160
Birth Place: UNITED STATES OF CTS Citizen Y
Officer: WICHER. PETER E.
Agency: 3 OSCEOLA COUNTY SHERIFF
Charges AGGRAVATED
ASSAULT WITH FIREARM (LEG)
Arrest: 001034963
Booking:
5285
Info Filed Dt:
RESISTING OFFICER WITHOUT VIOLENCE
DISORDERLY CONDUCT
AGGRAVATED ASSAULT ON POLICE OFFICER
USE FIREARM UNDER INFLUNCE OF ALCOHOL
Date Description
Note 1 Note 2 Note 3
0001
0002
0003
0004
0005
0006
0007
0008
0009
0010
0011
0012
01 001
Court Costs: 428.00
Probation Type:
Formal Probation: 3 Yrs
Confinement Type:
STATE PRISON FACILITY
Credit~ Time Served: 91 Day Minimum: 3 Yrs
Maximum: 3 Yrs
STATE OF
Sentence Provisions:
OTHER COURT RESTRICTIONS
0001 05/30/00 Criminal Case Opened - Booking Report
Filed DF0530 Arrest 053CCC
$O - Original Bond Amount Affidavit of Insolvency Filed
0002
COMMENTS: Defendant must
have psych. eval.
Order Setting
Appearance ON DEMAND
Order of
Probable Cause Determination: PC Found.
Order
Appointing Counsel - Public
Defender.
Defendant Ordered to pay $40 PD Application Fee
Jail to
deduct $40 from Inmates Jail Acct. if avail
Certified By Judge McDonald
0003
Amended
to include Count 6
0004 05/31/00 Advice to Defendant Filed, First
Appearance. FILED
0005 06/05/00 (SEALED) PHYSICIAN’S PROGRESS
NOTE
0006 06/12/00
Motion
0007 06/20/00
Information Filed
CT 1
AGGRAVATED ASSAULT WITH A FIREARM (LAW ENFORCEMENT OFFICER)
CT 2 BATTERY ON A LAW
ENFORCEMENT OFFICER
CT 3
RESISTING OFFICER
WITHOUT VIOLENCE
CT 4 DISORDERLY
CONDUCT
0008 06/21/00
Notice of Arraignment Sent
0009 06/21/00
Notice of Appearance: MIGUEL FERNANDEZ
Waiver of
Arraignment Plea of Not Guilty Request For Jury Trial
Progress Docket, Request For Copies,
Notice
of Intention to Participate in Discovery
Motion
for Pre-Trial Release/Bond (Order attached)
06/22/00 SCORE SHEET ORDERED
0011 06/23/00
Motion to Appoint Experts for a Competency C20627
Evaluation and Certificate of Good
Faith (No order attached!
0015
0012 07/07/00
ORDER DENYING DEFENDANT'S MOTION "LITIGATION" PKo710
0014
EVALUATION NOTICE OF HEARING: 08/30/00 ~ 9:15AM
0013 07/11/00
Subpoena Issued
D/S
CARPENTER, D/S L. HARRIS, -WITNESSES
NAME
D/S
GARY JOHNSON, D/S KEVIN MCGINLEY, D/S M. NAGY,
SGT. ROBERT SMITH, D/S
PETE WICHER.& LT. ROBERT YAWN
08/14/00
Appearance Date Trial Subpoena
0016 07/11/00 State's Witness List
0017 07/18/00 MOTION FOR RECUSAL OR DISQUALIFICATION
OF JUDGE KANEY
0018
07/18/00 AFFIDAVIT
0019
07/24/00 Subpoena
Returned D/S CARPENTER, D/S L HARRIS,
D/S G JOHNSON
D/S
M NAGY, SGT R SMITH, D/S P WICHER , LT R YAWN
07/12/00 Served
08/14/00 Appearance Date
D/S KEVIN MCGINLEY
07/13/00 Served
08/14/00 Appearance
Date
0020
STEVEN CARPENTER, LINDALL HARRIS,
GARY JOHNSON, KEVIN MCGINLEY, MARK NAGY,
ROBERT SMITH, PETER WICHER,
& ROBERT YAWN,
8/ 09/2000 Case set for trial.
Defendant is on standby for the trial
period of 08/14/00
through 08/25/00. It is the defendant's
responsibility to contact the judge's judicial Assistant
at 407343-2499 to get a specific Trial Date. Defendant
is to call no earlier than Wednesday 08/09/00 and no
later than Friday 08/11/00 between 9AM-4PM.
0023 08/14/00 Defense Witness List
0024
08/14/00 NOTICE OF INTENT
TO INSPECT
DISCLOSURE TO PROSECUTION
AMENDED/ADDITIONAL WITNESS LIST
0025 08/22/00 Amended/Additional Witness List
0026 08/22/00 Motion to Continue Trial Date
0027 08/22/00 Motion in Limine
0028 08/22/00 Motion to Suppress
0029 08/22/00 Notice of Hearing: to be heard on
08/23/00
prior to the start of Trial or as soon thereafter as may be
heard for Motion to Continue Trial, Motion in Limine
and Motion to Suppress.
0030 08/23/00 DEPOSITION OF: KEVIN MCGINLEY,
0031 08/23/00 DEPOSITION OF: STEVEN CARPENTER
0032
0033
0034
08/23/00 Restitution
Order:
RESTITUTION IS
NOT ORDERED AS IT IS NOT APPLICABLE
0035
0036
08/23/00 Waiver of Appeal
Rights Notice
0037
(OR 1775/2528, 2529, 2530 & 2531)
Defendant is hereby Adjudicated Guilty 36 MONTHS DOC WITH 91 DAYS
CTS; COUNT 1 AND 2 COUNTS 3 AND 4
NOLLE PROSEQUI
Split Sentence: 36 MONTHS doc, then
36 MONTHS PROBATION
Concurrent: On to all counts & sentences
Other
special conditions: RECOMMEND THAT THE DEFENDANT
SERVE DOC TIME AT AVON PARK
PROBATION: AS TO COUNTS 1 AND 2
State Probation 36
MONTHS
You must immediately report in person or the next working
day or upon release from confinement to the DOC Probation
Office at 1601 John Young Parkway, Kissimmee, FL, 34741.
PROBATION-SPECIAL CONDITIONS: Special conditions are to
he started or completed within 60
days of sentencing or violation.
Mental Health Evaluation: Mental health and/or psychological
evaluation and treatment. you shall take medicine as prescribed. Failure
to be tested, participate in
treatment, or to take your medicine will
constitute a violation.
MONETARY
OBLIGATIONS: If ON PROBATION YOU ARE to make
Clerk of Court. Either way you will pay the sums and in the
manner herein directed. $278
Court Cost $150 Court Facilities
PAY MONIES TO PROBATION WITHIN 18 MONTHS. FIRST PAYMENT
DUE IN 60 DAYS
0038
08/23/00 DOC Sentence *
0039
08/23/00 $ 278.00
Assessed FC2 FELONY $278
Chg001 DEF C3C1
0040
08/23/00 150.00
Assessed CFF Court Facilities $15 Chg001
DEF OC01
0041
08/28/00 DOC COVER
SHEET , DOC CERTIFICATE,
DOC INFORMATION SHEET
0042
08/30/00 MOTION FOR
PAYMENT OF COSTS (EXPERT WITNESS)
ORDER FOR
PAYMENT OF COSTS (EXPERT WITNESS
0046
09/01/00 60 Assessed
MIS MISC.
0047 09/01/00 60- Rev Assessed
0043
0044
09/12/00 FORENSIC
PSYCHOLOGICAL EVALUATION (SEALED )
0045
0048
09/28/00 (Sealed) Name
and Address of Victim
(Sealed) Name
and Address of Victim
0049
0050
10/18/00 (Sealed) Psychological
Evaluation by Dr. Leonard J. Skizynski.
0051
11/20/00 Letter from
defendant to Judge.
0052
12/12/00 Letter from
defendant to Judge .
0053
01/24/01 Order Directing the State to Respond
to
Defendant's "Motion to Set Aside/Withdraw Plea and Sentence.
0054
0055
01/31/01 Motion for
Transcription Order Attached
0056
02/02/01 Notice of
Hearing: Set for 2/14/01 at 9:00AM
Status Hearing
0057
Miguel Fernandez III. ESQ. No
Order Attached
0058
02/07/01 Notice of
Change of Address Jose Porenza Sanfiel
Dorm B-2-2101 L Dade
Correctional Institution 19000 SW
377 St. Suite #300 Florida
City,F133034
0059
Issuance of Habeas
Corpus ~ Testificatum Order also to
Transport
Prisoner.
0060
02/14/01 Felony Court
Notes
RESET FOR
AN EVIDENTIARY HEARING ON 03/16/01 10:00AM
STATE TO ISSUE SUBPOENAS FOR PAST ATTORNEYS AND TO DO A
TRANSPORT ORDER FOR DEFENDANT.
0061
02/14/01 PETITION FOR
WRIT OF HABEAS CORPUS AD TESTIFICATUM
0062
02/14/01 Notice of
Change of Address DEFENDANT
0063
02/19/01 Transport Order:
José NICASIO Proenza Sanfiel Faxed, 2 copies to Jail
0064
02/19/01 Motion to
Strike State's Response as Untimely No Order Attached
(From Defendant)
0065 02/19/01 MOTION FOR VOLUNTARY
DISMISSAL FROM DEFENDANT
0066
03/15/01 Felony Court
Notes CANCELLED
STATE TO DO A TRANSPORT ORDER RESET WITH JA
0067 03/19/01 Return of Service; Transport
Order; Defendant not in Custody of
Central
Florida Reception Center.
0068
03/22/01 Transcript
of Proceedings taken 2/14/01
0069
03/22/01 Transport
Order: José NICASIO Porenza-Sanfiel
Faxed, 2 copies to Jail
0070
03/22/01 Notice of
Hearing: Set for 5/10/01 1:30PM
Evidentiary Hearing
0071
03/29/01 Motion to
Compel No Order Attached (Motion from
Defendant)
0072
04/16/01 Motion for
Demand and Discharge Pursuant to State and
Constitutional Right of Speedy Trial and Access to Courts
(From Defendant) No Order Attached
0073
04/27/01 Motion
and Order for Payment of Costs:
GRANTED; check in the amount of $225.00 :Statement dated
8/21/00) payable to Leonard Skizynski
0074
05/04/01 Notice of
Change of Address
Jose Proenza-Sanfiel DOC#X301I1
North FL, Reception Center
P.O.Box 628 Lake Butler, F1.,32054. Dorm-D-1126L
0075
05/07/01
EXPEDITIOUS PETITION FOR WRIT OF HABEAS
CORPUS
0085
05/10/01 Felony
Court Notes
CAME FOR EVIDENTIARY HEARING; FOLLOWING MOTIONS
HEARD: WITNESSES SWORN AND
TESTIFIED: JOSE NICASIO
PROENZA SANFIEL MOTION TO
WITHDRAW MR. FERNANDEZ:
GRANTED PETITION FOR WRIT OF
HABEAS CORPUS: DENIED
MOTION FOR
BOND: DENIED AS A PROSE LITIGANT, HE
SHALL
HAVE ACCESS TO THE LAW LIBRARY
IN CORRECTIONAL FACILITY. "NUNC PRO TUNCT TO 5/10/01"
0077
05/18/01 DIRECTIONS
TO THE CLERK STATEMENT OF JUDICIAL ACTS TO BE
REVIEWED DESIGNATION TO THE COURT REPORTER
0078
05/18/01 MOTION FOR
APPOINTMENT OF COUNSEL (COMBINED)
0079
Pursuant to State and Constitutional Right of Speedy Trial
and Access Courts
0080
05/24/01 ACKNOWLEDGMENT
OF NEW CASE (SC01-994) THE FLORIDA
SUPREME COURT HAS RECEIVED THE FOLLOWING
DOCUMENTS REFLECTING A FILING DATE OF 05/02/01.
MOTION FOR
RELIEF OF RESPONSIBILITY AND PROTECTION OF
RIGHT OF ACCESS COURTS UNOBSTRUCTED VIA U.S. MAIL, VIA
INJUNCTION OR PROPER RELIEF THE ABOVE MOTION HAS BEEN
TREATED AS A PETITION FOR WRIT OF MANDAMUS AND HAS BEEN
SUBMITTED TO THE COURT FOR CONSIDERATION AND
DETERMINATION
0081
05/30/01 Order
DENYING Defendant's Motion for Appointment of Counsel
0082
06/01/01 Return of
Service; Transport Order; Defendant Transported on the
10th of May from NFRC directly
to Court to Judge Waller
0083
06/11/01 NOTICE OF
APPEAL (PRO SE) PENCIL ORIGINAL
0084
06/11/01 AFFIDAVIT OF
INDIGENCY (PENCIL ORIGINAL)
0086
06/15/01 MOTION FOR
BAIL/RELEASE PENDING REVIEW OF HABEAS
CORPUS/CONSTITUTIONAL ACCESS TO COURTS
(PENCIL ORIG)
0087 06/25/01 COPY OF COVER LETTER TO 5TH DCA
0088
06/25/01 NOTICE OF
PENDENCY OF OTHER ACTIONS: SUPREME COURT
CASE#SC01910 (APRIL 30)CASE
#SC01994 (MAY 2)
0089 07/02/01 ACKNOWLEDGMENT OF NEW CASE:
5D0l-1941
0090
07/02/01 ORDER OF THE
COURT DATED JUNE 29, 2001
UPON CONSIDERATION THE ABOVE STYLED CAUSE IS AN APPEAL
TAKEN FROM THE DENIAL OF A PETITION FOR WRIT OF HABEAS
CORPUS MANDAMUS TO THE LOWER COURT
ORDERED THAT THE TIME FOR COMPLIANCE WITH THE
PROVISIONS OF FLORIDA RULE OF
APPELLATE PROCEDURE
PREPARATION AND TRANSMITTAL OF
THE RECORD HEREIN
SHALL
BE 25 DAYS FROM THE DATE HEREIN ORDERED THAT
APPELLANT'S INITIAL BRIEF SHALL BE
SERVED AS PRESCRIBED
BY FLORIDA RULE OF
APPELLATE PROCEDURE
0091
07/09/01 DIRECTIONS TO THE
CLERK STATEMENT OF JUDICIAL ACTS TO
BE
REVIEWED DESIGNATION OF THE COURT REPORTER (COMBINED)
0092
07/12/01 COMBINED MOTION FOR: DEMAND FOR SPEEDY
TRIAL PER HABEAS
CORPUS/NOTICE OF EXPIRATION OF SPEEDY TRIAL/ DEMAND FOR
WRIT OF CERTIORARI
0093
07/12/01 SUPREME COURT OF
FLORIDA; SC01-994 ORDER TRANSFERING
PETITION
0094
07/18/01 COMBINED MOTION
FOR: DEMAND FOR SPEEDY TRIAL/ PER HABEAS
CORPUS/NOTICE OF EXPIRATION OF SPEEDY TRIAL TIME/ DEMAND
FOR WRIT OF CERTIORARI (CLERK'S COPY)
0095
07/23/01 Combined Motion for
Emergency Protection Against State
Persecution/Prosecution. Illegal
Incarceration /Emergency Transfer for
and
Federal Protection and or
Custodial Jurisdiction/Appointment of Counsel
No
Order Attached
0096
08/03/01 Letter from Def.
Habeas/Corpus, to Clerk
0097
08/08/01 Expeditious
Petition for Writ of Habeas Corpus, From Defendant
0098
08/13/01 ORDER OF THE COURT
DATED AUGUST 10, 2001 GRANTING COURT
REPORTER'S REQUEST FOR ENLARGEMENT OF TIME TO FILE
TRANSCRIPT OF PROCEEDINGS TO AND INCLUDING SEPT
0099
09/07/01 TRANSCRIPT OF HEARING
HELD ON MAY 10, 2001
0100
09/10/01 INDEX TO COMPLETE
RECORD ON APPEAL (PLUS COPIES OF COVER
LETTERS TO 5TH DCA, AG OFF, PROENZA-SANFIEL.
0101
09/10/01 Letter from
defendant to Judge.
0102
09/10/01 Notice of Change
of Address Jose Sanfiel DOC# 30551 N.F.R.C. H-22127
P.O.Box 628 Lake Butler, FL 32054-0628.
0103
09/11/01 letter from
Defendant's brother.
0104
09/13/01 Motion on Illegal
incarceration, Filed by Defendant's
Mother.
0105
09/14/01 SUPREME COURT OF
FLORIDA, OFFICE OF THE CLERK CASE
NUMBERS: SC01-910
& SC01-994 ACKNOWLEDGEMENT OF
CHANGE OF ADDRESS (FROM DEFENDANT) ADVISED THAT THE
ABOVE STYLED CASES ARE FINAL IN THIS COURT.
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