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  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
  • STATE OF FLORIDA vs. OTERO-RIVERA, CHRISTOPHER JFELONY document preview
						
                                

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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA Case No.: ACE 312Y STATE OF FLORIDA th 4 g ce: so injunctions ___ Wistooher Dlerod Rivera Ame Defendant ~ A adecd dec! for a JUDGMENT AND SENTENCE / FINGERPRINTS COriFicorhon TMurdey inthe Seconcidegree.- Ao PremneciitCrtion (Fi Lite) CH34,5 Coclet only 2. Rouse OF deod human bocly (E> 7 mW i i fvidenct THE FOLLOWING WITNESSES WERE DULY SWORN AND TESTIFIED IN THIS CAUSE FOR SENTENCING PURPOSES: PROSECUTION DEFENSE Judge KEITH A. CARSTEN Defense Attorney M. Peréz., K. LaSure. Deputy: PUIGH / ROSARIO Assistant State Attorney: R.Wilkams, J. Memcac AS Defendant was tried and found guilty of: Courts \-3 C8 fitect in the iaforeaceion. 412124 CHANGE OF PLEA: DEFENDANT: present not present Plea to the Bench Interpreter Translated SWORN AND PLED Guilty Guilty-Best interest Nolo Contendre Count(s) as charged / LIO. (F) (M) Count(s) as charged / LIO (F) (M) Count(s) as charged / LIO. (F) (M) Count(s) as charged / LIO (F) (M) Count(s) Nolle Prosequi A Adjudged Guilty: count(s) Adj.of Guilt Withheld; count(s) __Minimum Mandatory: __ yr(s) Count _ ___ Habitual Offender Years ___ Violent Habitual Offender__ Years __Minimum Mandatory: __ yr(s) Count _ SENTENCE: ____ Youthful Offender Departure Sentence Prison Release Re-offender OCI w/ Days CTS; Count/s (_) Release as to this case today v ie / HUZ Days CTS; Count/s __| (.) Remanded to serve sentence v. \ WS DOC w/ HU2 Days CTS; Count/s 2 () Parties Stipulate to CTS vw WIS poc w/ 5Y2._ Days CTS; Counts _ 3 (.) Jail Term Condition of Probation 7 ____Split Sentence:__d /m/y jail/doc, then m/y C.C. 1/2, followed by___sm /yy probation.-Count _ Split Sentence: d/m /y jail/doc, then m/yC.C. 1/2, followed by m/y probation —Count _ Concurrent:___to all counts____ sentences(+3 runs Concurrent With ck ZL V___ Consecutive: to all counts sentences(/-9_ (UAS CONSPCUTWE ( ) Probation Consecutive to Jail / DOC Coterminous: sentences ap tt | ( )Must report to OCJ by PROBATION: As to counts to serve sentence imposed. (_) Suspended upon successful completion of probation ( )Special Conditions For Sex Offenders per F.S. 948.30 attached C.C.1/2 mo/ yr; followed by: State Probation mo/ yr cts. 7 mo/ yr cts, ()Allcounts ( )count(s)___ only State Probation mo /yr cts. Sex Offender Probation / Conditions. ___Defendant is designated a Sexual predator / offender. Drug Offender Probation /Conditions: Monthly testing at own expense, treatment & counseling. Evaluation w/in 30 days Recorded in Osceola County, FL KELVIN SOTO, ESQ., CLERK OF COURT 07/22/2021 01:56:56 PM RECEIPT # 2483267 Rec Fees EXTRANAMES CFN# 2021113904 BK 6007 PG 2459 PAGE 1 OF 4PROBATION-SPECIAL CONDITIONS: Special conditions to be started or completed within 60 days of sentencing violation. ____ Comply with all terms and conditions as ordered in. ____ Do not engage in any Second Hand / Pawn Transactions ____ Do Not Enter any Pawn Shops _____ Do not possess weapons or firearms, including pocketknives ____Firearm Safety Class w/in ___ Forfeit seized Firearms / Ammunition ___DNA Order ____ Drug Testing: Random // Weekly drug testing, evaluation, and treatment. ___ Take all medications as prescribed. ____ Substance Abuse Evaluation w/in days, complete all recommended treatment. ____No Alcohol or Controlled Substances w/o a prescription. __ Must Attend at least A.A. or N.A. Meetings a week. ____ Anger Management 8 hr./___ weeks w/in and complete w/in ___ Attend and successfully complete (26 week) Batters’ Intervention Program. Enroll w/in days complete w/in___ mos. ____ Electronic Monitoring (GPS) __ While on Comm. Control Only //___ for the first___ months of Comm. Cntrol / Prob. Curfew: p.m.- a.m. 7Daysaweek __ May be modified for employment purposes ___No Contact __ Non-Hostile Contact: with Victim(s): ___No Contact with Co-Defendant(s); ___ Jessica Lunsford Act applies ____ Contact w/minor child restricted: _ Family Court Conditions /__ Dependency Court/ Supervised by ____ Letter of apology: To victim (s) and give letter to probation of words or more within __ days. ____ Parenting Classes w/in ___ Follow DCF Plan Victim Awareness Class W/In Days —__No return to area of offense / ____ Driver’s License: Suspended/revoked for ___mos. / year(s) as to count(s) ;___mos. / year(s) as to count(s)___ ____ Court has no objection of obtaining a Business Purpose Only License, if Defendant qualifies. ___ Install a Vehicle Interlock device for___- Years. ___ Driving Class ( wiin ______ Days Vehicle Impoundment starting the 180" day of Probation. _ Impulse control class within ____ DUI Counter Attack School w/in___ days. Complete w/in____ months ____ Community Service Hours@___ per month starting of probation until probation completed ____ Court has no objection for the defendant to buy out of community service hours at the statutory rate. ___If defendant successfully completes months of Community Control court will consider converting remaining Community control to standard probation. __ Must motion the court. ___If there is no objection from the State. ____ Evaluation: Mental health / Psychological / Psychosexual evaluation and treatment, w/in days. You shall take medicine as prescribed. Failure to be tested, participate in treatment, or to take your medicine will constitute a violation. ____ Work Release Program: Judge has no objection to place defendant in this program. ____ Obtain and maintain lawful employment // schooling of at least___— hours a month or provide ___ applications a month. ____If not employed // in school at least___ hours a week by the __ month of probation, defendant must complete___C.S. hours a week until proof of employment is provided. ___— Probation to issue a travel permit while transfer is being processed. __ Transfer to County-State ____ Court has no objection for defendant to travel . Must notify/provide itinerary to probation prior. _____ Early term/Admin Probation: After of probation is completed, all conditions completed. (costs, fees, restitution, and no violation). _ May motion court for early term of Probation. ____ GED Class enroll w/in ___ days and strive to complete. ___ Every hour in GED Class will be counted as C.S. hours _____ DWLS/FACT Class w/in Days / Months ____ Attend LIFE SKILLS CLASS in Must testify truthfully, if called upon by the State, in any proceedings related to this case / Co -defendants. Enter and Successfully Complete. Must comply with all rules and regulations of the Program and any recommended aftercare. PHOENIX / BRIDGES OF ORLANDO / TREATMENT PROGRAM. (_) Jail to hold until a Bed is available. (_) To be released to a representative of the Program for transportation to the program. (_ ) Enter as soon as a bed is available ( ) Upon release from Jail / DOC ___ Report to Probation within business days /hours after release from custody or by ,ifout of custody. ***BRING ORDER *** ___REPORT IN OSCEOLA COUNTY 1, CE 3128 Page 2 CFN# 2021113904 OFFICIAL RECORDS O DOC_TYPE JUDG BK 6007 PG 2460 PAGE 2 OF 4> » MONETARY OBLIGATIONS: IF ON PROBATION, You are to make payments to Probation. If you are NOT ON PROBATION then pay Clerk of Court. Either way you will pay the sums and, in the manner, herein directed. > > Pursuant to section 903.286, Florida Statutes, the Clerk of Court shall deduct any Court fees, fines, and Costs from any cash bond posted on or after 07/01/05 > Failure to pay costs, fines, fees in full or as agreed will result in your case being sent to collections with additional fees applied. Your case may be referred to the Florida Department of Highway Safety and Motor Vehicles for the suspension of your driver’s license. >>> b> > ALL PAYMENTS SHALL BE APPLIED TO RESTITUTION, IF ANY, FIRST. 44444 Restitution Statutory Authority FS 775.089: $ Joint & Several with Co - Defendant(s V_ Restitution Ordered Reserved as to Amount, () As to any additional Joint & Several with Co — Defendant(s) Court Costs: $410 tatutory Authority FS 938.05, 938.03, 938.01, 938.15, 775.083, 938.06, 939.185 ___ Court Costs: $ : Statutory Authority FS 938.19, 938.19, 938.185, 938.05, 938.03, 938.01, 938.15, 775.083, 939.185, 938.06 SV teen Coun S00 Statutory Authority FS 938.19 (County Ordinance No. 05-24) Surcharge $151.00: Statutory Authority 938.085 and Surcharge $201.00: Statutory Authority 938.085 Drug Case Fines: Statutory Authority: FS 938.23, 893.165 $100.00 FDLE and $250.00 OCDTF. Fines Statutory Authority: 938.04, 775.083: $ +5% Surcharge $ Count __ ___ Fines Statutory Authority: 938.04, 775.083: $ +5% Surcharge $ Count ____ J Cost of Prosecution (mandatory fees) Statutory Authority: 938.27: $ / Felony $100 /Blisdemeanor $50 Surcharge Statutory Authority: FS 938.13: $15.00 (Pertains to misdemeanor crimes involving drugs/alcohol) Public Defender Application Fee Statutory Authority: FS 938.29: $50.00 Public Defender/Contract Attorney fee/Lien: Statutory Authority: FS 27.52 $50/$100/$ Payable to the State of Florida Cost of Investigation Statutory Authority: FS 938.27: $ to __J&S w/Co-Defendant(s) Cost of Investigation RESERVED Cost of Extradition: Statutory Authority: FS 941.06 $ to /| ___Ordered and Reserved Crimes Against Minor Statutory Authority 938.10: $151.00 Prostitution Fine Statutory Authority 796.07: $500.00 DUI Costs and Fines: Statutory Authority 316.193, 775.083: $ Payments: You will pay $ , including restitution, on or before the Ist day of each month, first payment in /___ Pay in full / set up a payment plan with probation. if probation, pay cost of supervision, and a 4% surcharge. wv Outstanding money to be paid through Clerk’s Collections & Compliance Office (CCO) at a rate of $. a month starting /___ pay in full /___ report within to set up a payment plan/____ starting 1** month after termination of probation. You must report immediately to the Clerk’s Collections & Compliance Office (CCO) located on the 2 floor to pay your monetary obligations or make payment arrangements. If incarcerated, you must report within five (5) business days of release. ____ Monies are reduced to Civil Judgment: (_ ) All/(_ ) Only: v Additional fees: 44, ISO to the Victim Compensation Ft 10h, Joot are) ~Severcil. ___ Any monies paid towards Restitution is to be disbursed equally among all the victims. IGCE B72 WAIVED PSI Page 3 ____ WAIVED PDR CFN# 2021113904 OFFICIAL RECORDS O DOC_TYPE JUDG BK 6007 PG 2461 PAGE 3 OF 4> > Ifa Defendant is sentenced to a period of confinement and is subject to an immigration detainer, the sentence may be reduced by a period of not more than twelve days on the Department of Corrections’ determination that the reduction in sentence will facilitate the seamless transfer of the defendant into federal custody. ____ Other Conditions: > > > You must immediately report, in person, or the next working day, or upon release from confinement to the DOC Probation Office at 1605 N. John Young Parkway, Kissimmee Florida 34741 if on State Probation or the County Probation Intake Office Osceola County Courthouse, 4"" Floor, Room 4E-1. STANDARD TERMS OF PROBATION: 1 You will make a full and truthful report to your Probation Officer on or before the Sth day of each month. 2. You will pay cost of supervision of $20,00/$40.00 or such other sums as determined by judge; plus 2 4% surcharge per month. 3. You will not change your residence, employment, or leave the county of your residence without prior consent of your Probation Officer. 4. You will neither possess, carry, nor own any weapons or firearms. 5. You will not violate any laws or court orders, including pay child support. 6. You will not associate with persons engaged in criminal activity. 7. You will not use intoxicants if prohibited or in excess; or possess any drugs, narcotics, or paraphernalia unless prescribed by a physician and then, only in accordance with prescribed dosage. Nor will you visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used. 8. You will make a good faith effort to be employed 9. You will truthfully answer all questions directed to you by the Probation Officer, and allow them to visit your home, employment or elsewhere. You will comply with all instructions he may give to you. 10. You will pay restitution, costs and fees as order herein I. You will submit to chemical tests (breath, urine, and blood) upon request of your Probation Officer; and submit to search of your residence, person or vehicle for the presence of controlled substance, weapon, firearms and alcoholic beverages if prohibited. STANDARD CONDITIONS OF COMMUNITY CONTROL: 12. You shall report once a week, or as directed, 13. ‘You will remain confined to your approved residence except for one half hour before and after your approved employment, public service work or any other special activities approved by your officer. 14. You will maintain an hourly accounting of all activities on a daily log, which you will submit to your officer upon request. 15. Pursuant to F.S, 948.03, your officer may place you on electronic monitoring. You will maintain a private phone line at your residence and you will be financially responsible for any lost or damaged equipment. If placed on monitor you will pay $30.00. > > The Court reserves the right to rescind, modify or revoke probation to the extent provided by law. I have received a copy of the terms and conditions of my Probation/Community Control. I have read and understand these conditions. Also, I hereby consent to the disclosure of any alcohol and drug abuse patent records, the confidentiality of which is federally regulated under 42CFR, part II, for the duration of my supervision, : Signature wail 7 DONE AND ORDERED at Osceola County, Florida, this 22 day of_. July ,2021. FILED IN OPEN COURT THIS _~1|2Z. 2024 KEITH A.