Criminal Docket: 2012040735J, WALTER JOHN BURIEN JR - Prescott AZ Justice Ct

Criminal Docket: 2012040735J, WALTER JOHN BURIEN JR - Add/Change Docket - 9:51 AM June 21, 2013

Defendant Name BURIEN JR, WALTER JOHN City ST. JOHNS AZ 85936 Suspense 6/24/13:H> Hear :10.00AM:RESENT Case Location D> Docket Agency Dr# 12-12887 Court J> Justice Balance $303 Bnd Bal: $150 Comments 1 4-22-12 I/A Hamm, Rel O/R, No Con/Pres, No Al/Drugs Comments 2 12-24-12 Sup Ct Case #Cr201201330 6/24/13:H 5/31/13:M 4/30/13:M 3/1/13:I 2/1/13:I 1/31/13:I 11/30/12:I 10/31/12:I 9/30/12:I 8/29/18:U 8/27/12:T 7/11/12:P 5/30/12:P Suspense History 4/25/12:A Criminal Docket: 2012040735J, WALTER JOHN BURIEN JR - Case Charges

Statute Citation Cit Date Officer/Clerk Fine Disposition Dispo Date Date Filed 13-1502 146960 4/21/2012 Y8577 270N+4MY+1JC+8SA+20PS 4/23/2012

Fine: Type: MIS Tss: N Pt: 0 Title: Trespass (3rd Degree) 270N+4MG+1JC+8SA+20PS Criminal Docket: 2012040735J, WALTER JOHN BURIEN JR - Payment History:

Date Transaction For (g/l Codes) Amount Date Transaction For (g/l Codes) Amount

8/28/2012 Payment N $117.00 8/28/2012 Payment MY $4.00

8/28/2012 Payment JC $1.00 8/28/2012 Payment SA $8.00

8/28/2012 Payment PS $20.00 9/12/2012 Payment B $150.00

9/12/2012 Payment N $-117.00 9/12/2012 Payment MY $-4.00

9/12/2012 Payment JC $-1.00 9/12/2012 Payment SA $-8.00

9/12/2012 Payment PS $-20.00

APPEARANCES: Prosecutor not present in court. Defendant present In Pro Per. Defendant's true and correct name verified and reflected herein. Defendant verifies that the address specified in this docket is his/her correct current address PROCEEDING: Hearing for: Arraignment. ADVISE OF CHARGES AND RIGHTS: Defendant advised of charges, of right to remain silent, right to trial and the right to counsel, presumption of innocence, state's burden of proof beyond a reasonable doubt, right to cross-examine witnesses and right to present evidence including own testimony. 4/25/2012 PLEA: Court enters not Guilty/Responsible: Chg 1: 13-1502 Trespass (3rd Degree) Victim's right statute has been complied with. APPEARANCE ORDER: Defendant shall appear for Pre-Trial/Disposition Conference on Wed May 30, 2012 at 8:00 a.m. in PRESCOTT JUSTICE COURT. Defendant is to Obey all Laws & have no contact with any alleged victim(s). Defendant is not to possess ANY deadly weapons and may ALSO not possess or consume alcohol during the pendency of this case. If Defendant fails to appear as ordered, Warrant to issue. Motion For Telephonic Pre-Trial Is Denied

APPEARANCES: Defendant In Pro Per. Victim Witness Present, Victim(s) at Victim present Present in Court. Defendant's true and correct name verified and reflected herein. Defendant verifies that the address specified in this docket is his/her correct current address PROCEEDING: Hearing for: Pre Trial. PLEA: The Defendant requests continuance for further investigation and is granted by the court. 5/30/2012 Victim's right statute has been complied with. APPEARANCE ORDER: Defendant shall appear for Pre-Trial/Disposition Conference on Wed July 11, 2012 at 8:00 a.m. in PRESCOTT JUSTICE COURT. Defendant is to Obey all Laws & have no contact with any alleged victim(s). Defendant is not to possess ANY deadly weapons and may ALSO not possess or consume alcohol during the pendency of this case. If Defendant fails to appear as ordered, Warrant to issue.

Defendant, having filed a Reply to State's Response to Defendant's Motion to Dismiss, 6/19/2012 COMES NOW THE COURT and continues the PreTrial to later the same day on July 11, 2012 at 1:45 p.m. when oral arguments will be held on motions.

APPEARANCES: Defendant In Pro Per. Defendant's true and correct name verified and reflected herein. Defendant verifies that the address specified in this docket is his/her correct current address PROCEEDING: Hearing for purpose of Oral Argument. This being the date and time set for Oral Arguments, let the record reflect the presence of the Judge, Clerk, Prosecutor, and Defendant in the courtroom. COMES NOW THE COURT and denies Defendant's motion to dismiss. Defendant's motion to disclose 7/11/2012 e-mail headers is granted. State is ordered to provide e-mail headers to Defendant by July 25, 2012. Victim's right statute has been complied with. APPEARANCE ORDER: Defendant shall appear for Trial on Mon Aug. 27, 2012 at 1:45 p.m. in PRESCOTT JUSTICE COURT . Defendant advised of trial in absentia. Defendant is to Obey all Laws & have no contact with any alleged victim(s). Defendant is not to possess ANY deadly weapons and may ALSO not possess or consume alcohol during the pendency of this case. If Defendant fails to appear as ordered, Warrant to issue.

The County Attorney having submitted motion for reconsideration of order directing the State to disclose the full headers to subject emails on above referenced case, 8/3/2012 COMES NOW THE COURT and authorizes the State to disclose the subject emails deleting the sensitive information such as the IP addresses of the computers.

8/27/2012 APPEARANCES: Defendant In Pro Per. Defendant's true and correct name verified and reflected herein. Defendant verifies that the address specified in this docket is his/her correct current address PROCEEDING: Hearing for: Trial. This being the date and time set for Trial, let the record reflect the presence of the Judge, Clerk, Prosecutor, and Defendant in the courtroom. Witness Debra Watton is sworn and provides testimony on behalf of the State. Witness identifies the Defendant in person in the courtroom. Witness testifies on cross-examination and re-direct. Witness testifies further on cross-examination and re-direct. Defense Exhibit #1, Handwritten note by Debra Watton, is marked, offered and admitted into evidence. Defense Exhibit #2, Photos, is marked, offered, and admitted into evidence. Defense Exhibit #3, Map, is marked, offered, and admitted into evidence. Defense Exhibit #5, Aerial View of 14825 North Deer View Trail, Prescott, is marked, offered, and admitted into evidence. Defense Exhibit #6, Maricopa County Superior Court Custody and Visitation Order, is marked, offered, and admitted into evidence. Witness is excused. Witness Darlene Fuller is sworn and provides testimony on behalf of the State. Witness testifies on cross-examination. Witness is excused. Witness Hank Higuera is sworn and provides testimony on behalf of the State. Witness testifies on cross- examination. Witness is excused. Witness Deputy Ethan Stover, YCSO, is sworn and provides testimony on behalf of the State. Witness testifies on cross- examination. Witness is excused. State rests. Witness Sergeant Mark Howard, YCSO, is sworn and provides testimony. Witness testifies on cross- examination. Defense Exhibit #7, ARS 13-1502A Description, is marked, offered, and admitted into evidence. Witness is excused. Defense Exhibit #8, Yavapai County Authentication Letter, is marked, offered, and admitted into evidence. Defense Exhibit #9, Defendant's Phone Log, is marked, offered, and admitted into evidence. Defendant is sworn and provides testimony on his own behalf. Defendant testifies on cross-examination and re-direct. Defense rests. State makes closing statements. Defendant makes closing statements. PLEA: Comes now the Court and adjudges the defendant: Guilty/Responsible for Chg 1 13-1502 Trespass (3rd Degree). SENTENCING ORDER: 1. For For Charge 1: 13-1502, Trespass (3rd Degree) defendant given Unsupervised probation for 1 Year and as a condition of probation is ORDERED to obey all laws and do all the other obligations on this sentencing order. 2. Defendant is ordered to pay a fine/sanction: Chg 1: 13-1502 Trespass (3rd Degree): $150: Total Fine: $150 3. Defendant states fines can be paid in full by Today At 5:00 P.M. 4. Defendant is not to have any contact with any alleged victim(s) for a period of 1 Year from today. 5. Defendant is not to have any presence at any alleged victim(s) address(s) for a period of 1 Year from today. 6. Obey all laws. 7. Defendant has the right to contact his son as set forth by the Superior Court handling custody and visitation. APPEAL: Defendant is advised of appeal right and procedure.

Date of Action Tue Sept. 11, 2012 Defendant files Notice of Appeal, designation of record and returns record on CD. The court returns two conformed 9/12/2012 copies of Notice of Appeal to Defendant.

11/6/2012 Date of Action Mon Nov. 5, 2012 Defendant files "Appellate Brief".

Date of Action Wed Jan. 16, 2013 Superior Court Ruling filed. It is ordered through Superior Court the judgment of the trial court is affirmed and this matter 1/16/2013 is remanded to the trial court for further proceedings.

Date of Action Mon Feb. 11, 2013 Superior Court denies Defendant's Motion to Reinstate and Motion for Finding of: Non-Compliance filed on February 5, 2/19/2013 2013.

3/20/2013 Date of Action Wed Mar. 20, 2013 The Appellant's Motion for Reconsideration of Order Denying Dated 2/11/13 is denied by Superior Court.

6/3/2013 Date of Action Thu May 30, 2013 Original case file received from Superior Court.

The matter having been remanded from Superior Court, you are required to return in person to this court on Monday, June 24, 2013 at 10:00 a.m. for re- 6/4/2013 sentencing. A warrant for your arrest may be issued without further notice if you fail to appear as ordered.

The Court having received correspondence from the defendant in regards to a reconsideration of a telephonic appearance or a continuance of the Sentencing Hearing, COMES NOW THE COURT and Denies both requests. The defendant will have to appear in court or a warrant will issue. No further 6/20/2013 continuances. Sentencing is set for June 24, 2013 at 10:00am.