(A post by administrator David C.Puffer): Hey guys. I have a bit of a legal situation, and I was hoping someone could lend their expertise. Ok, here goes: Earlier this year, I was convicted of possession of marijuana ( a class 1 misdemeanor), and sentenced to a fine of $1,645.00. But before I get around to asking the question, lets rewind the tape a little bit and go over some background information: Immediately following my arraignment/initial appearance, I filed a motion to proceed in forma pauperis (because I was financially destitute and couldnt afford to pay any court costs or fees), as well as a motion to proceed pro-se (without a lawyer) because I could not afford to retain counsel, and the court would not appoint one (because the state didnt seek any jail time in my case). Both motions were granted, and I was fined at my change-of-plea hearing after pleading guilty. At sentencing, I asked the prosecutor (off the record) and the judge (on the record) if the fine could be converted to community service (workable at the rate of the current federal minimum wage). Both of them told me that the fine (payable in money only) was mandatory and could not be commuted to community service. Now, I also have another drug conviction (misdemeanor possession of drug paraphernalia for getting caught with a weed pipe in Tucson), and the judge there commuted the fine to community service (workable at the rate of $10/hr.). I had filed the very same motions (verbatim, save only the different case numbers) immediately after arraignment in my Tucson case, and that judge granted those as well. The judge and prosecutor in my current case (possession of marijuana in flagstaff) said the fine was mandatory under the statute, although I havent been able to find such a thing in the Arizona Revised Statutes, the Arizona Rules of Criminal Procedure, or in any case law from any courts having jurisdiction of the city or county in question (Flagstaff city/Coconino County Arizona). I could file an appeal or a post-conviction relief petition on 8th and 14th Amendment grounds in superior court (one step above city [municipal] and county [justice] court), but Im not wanting to file it unless I have all my ducks in a row. Am I being railroaded by the municipal court magistrate and the city attorney, or am I doomed to an existence in this city with a new arrest warrant being periodically issued because of my lack of cash? Any advice, suggestions, or pointers? Ive been representing myself in the trial courts off and on for (approximately) 6 years, but this will be my first time taking a criminal case on appeal. Any advice and/or prayers would be most definitely be appreciated. Im hoping to have this done and filed before the 15th, though that date isnt necessarily set in stone. Please be in prayer that The Holy One will give me the right words to type on the petition, as well as the clarity of mind, courage, boldness, and confidence when I argue my appeal before the courts. I appreciate everyones help, advice, and prayers. All for the glory of Melach Yshua, DOVID ben DOVID (David C. Puffer)
Posted on: Wed, 10 Sep 2014 07:14:41 +0000
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