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IN THE SUPERIOR COURT OF CALIFORNIA
IN THE COUNTY OF SAN FRANCISCO
Minute Order
The People of the State of California Court No: INF-23-023982453
Charge: V22350°
Vs.
Mohammed R. Nijem
Honorable Paul DeAngelis Judge Presiding, Dept. No. A on 04/02/2024
I, F.Azam, Clerk of the Superior Court, County of San Francisco, CERTIFIED the following
documents to be the originals of record in the above captioned case:
1) NOTICE OF APPEAL
2) ELECTRONIC RECORDING OF PROCEEDINGS
3) COURT PAPERS
I HEREBY CERTIFY the foregoing to be a full, true, and correct copy of an order entered
on the minutes of the Superior Court.
COURT OF BRANDON RILEY, Clerk of the Superior Court,
oE
vy ilima Anan Deputy Clerk
Dated: 4 Jal By
OF SAN BS
. *
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
Criminal Division, 850 Bryant St., Room 101, San Francisco, CA, 94103
(415) 551-0651
PEOPLE OF THE STATE OF CALIFORNIA, SUPERIOR COURT .
No: INF-23-023982453
Plaintiff and Respondent
vs.
Mohammed R. Nijem,
Defendant and Appellant
CERTIFICATE OF SERVICE BY MAIL
(CCP #1013a(3))
I, F.Azam, Appeals Clerk of the Superior Court of California, County of San Francisco,
certify that I am not a party to the within action; that I served a copy of the attached:
NOTICE OF CERTIFICATION TO APPELLATE DEPARTMENT
by placing said copy in an envelope addressed to the following:
Dora Louie — 400 McAllister Street, #103, San Francisco, CA, 94102
Sherry Gendelman — 507 Polk Street, Suite 340, San Francisco, CA 94102
S
which envelope was then sealed and postage fully prepaid thereon, and thereafter on 02/16/2024,
deposited in:
the United States mail at San Francisco, California.
{
KX inter-office mail.
Dated: 04/26/2024
Eleute. Capa
7 F, AZAM
Deputy Clerk.
|
Notice of Appeal and Record on Clerk stamps date here when form is filed.
Appeal (Infraction) i
Instructions
we ABR
ariv 15 AKG 40
This form is only for appealing in an infraction case, such as a case about a
traffic ticket. You can get other forms for appealing in a civil or
misdemeanor case at any courthouse or county law library or online at www. —— Feteme- Aza
courts.ca.gow/forms.
Before you fill out this form, read Information on Appeal Procedures for You fill in the name and street address of the court
Infractions (form CR-141-INFO) to know your rights and responsibilities that issued the judgment or order you are
You can get form CR-141-INFO at any courthouse or county law library or appealing:
online at www.courts.ca.gov/forms Superior Court of California, County of
SAN FRANCISCO
You must file this form no later than 30 days after the trial court issued
the judgment or order you are appealing (see rule 8.902(b) of the
California Rules of Court for very limited exceptions). If your notice of
appeal is late, the court will not take your appeal.
You fill in the number and name of the trial court
case in which you are appealing the judgment or
Fill out this form and make a copy of the completed form for your records order:
Trial Court Case Number:
Take or mail the completed form to the clerk’s office for the same trial court INF-23-023982453
that issued the judgment or order you are.appealing. It is a good idea to take
or mail an extra copy to the clerk and ask the clerk to stamp it to show that Trial Court Case Name:
the original has been filed.
People vs Nijem
The clerk will fill in the number below:
@) Your Information
Appellate Division Case Number:
a. Name of appellant (the party who is filing this appeal)
Name: Mohammed R. Nijem
Appellant’s contact information (required)
Street address: 3201 Dublin Drive SSF CA 94080
Street City State Zp
Mailing address (if different)
t City State Zip
Phone E-mail: sherrygendelman
Appellant’s lawyer in the trial court proceedings:
The lawyer filling out this form [x] is C1 is not representing the appellant in this appeal
Name: Sherry Gendelman State Bar number: 64757
Street address: 507 Polk Street, Suite 340 SF CA 94102
Street City State | Zip
Mailing address (if different)
Street City State Zp
Phone: 415.859.0323 E-mail: sherrygendelman@aol.com
Fax: 415.757.0581
Judicial Council of California, wwvw.courts.ca.gov ‘CR-142, Page 1 of 4
Revised January 1, 2020, Optional Form Notice of Appeal and Record on Appeal
Cal. Rules of Cour, rules 8.831, 8.901, 8.910 (Infraction) >
|
|
»
{
&
Trial Court Case Name:
A: urt Case Number:
FE
2ST OB’ 9§2 43
® Judgment or Order You Are Appealing ,
Iam/My client is appealing (check a, b, or c):
a. [x] the final judgment of conviction in the case (Pen. Code, § 1466(b)(1)).
The trial court issued (rendered) this judgment on (fill in the date): April 2, 2024
b. &) an order made by the trial court after judgm ent that affects an important (substantial) right of mine/my client
~
(Pen. Code, § 1466(b)(2)).
The trial court issued (rendered) this order on (fill in the date): April 2, 2024
c. Other (describe the action you are appealing and indicate the date the trial court took the action):
The trial court found my client guilty based on inadmissable evidence.
Your Choices About the Record on Appeal
Stipulation for Limited Record
C) The respondent and I/my client have agreed (“stipulated”) under rule 8.910 that parts of the normal record on
appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts
of the record that are not required is attached. (At the top of each page write “CR-142, item 3.”)
Record of Oral Proceedings
You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record
of the “oral proceedings”). But, if you do not, the appellate division will not be able to consider what was said during the
trial court proceedings in deciding whether an error was made in those proceedings.
(4) T elect (choose)/My client elects to proceed (check a or b):
a.C] WITHOUT a record of the oral proceedings in the trial court (skip item (6) ; sign and date this form). 1
understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to
consider what was said in the trial court during those proceedings in deciding whether a legal error was made
(Write initials here):
b. WITH a record of the oral proceedings in the trial court (complete item ® below). I understand that if elect
(choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record I
want to use and take the actions described below to make sure this record is provided to the appellate
division. I understand that if I do not take the actions described below and the appell:
receive this record, J am not likely to succeed in my appeal.
(Write initials here) a
I want to use the following record of what was said in the trial court proceedings in my case (check and complete
only one—a, b, c, or d):
a. [x] Statement on Appeal. 4 statement on appeal is a summary of the trial court proceedings approved by the
trial court. See form CR-141-INFO for information about preparing a proposed statement. (Check and
complete (1) or (2), )
Revised January 1, 2020
Notice of Appeal and Record on Appeal CR-142, Page 2 of 4
(Infraction) >
:
I
n
4 Trial Court Case Number:
x Trial Court Case Name: F->2 0.2.37
1
® (continued) I!
(1) XJ [have attached my proposed statement on appeal to this notice. (Jf you are not represented by a lawyer
in this appeal, you must use Proposed Statement on Appeal (Infraction) (form CR-143) to prepare and
file this proposed statement. You can get form CR-143 at any courthouse or county law library or online
at www.courts.ca.gov/forms.) '
@o I have NOT attached my proposed statement on appeal to this notice. I understand that I' must serve the
prosecuting attorney if the prosecuting attorney appeared in the case and file this proposed statement in
the trial court within 20 days of the date I file this notice and that if I do not file the Proposed statement
on time, the court may proceed on the clerk’s transcript only.
i
OR |
b. LC) Transcript From Official Electronic Recording. This option is available only if an official electronic
recording was made of what was said in the trial court. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. Some courts also have local rules
that establish procedures for determining whether only a portion of a transcript or a different form of the
record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule.
(Check and complete (1) or (2).)
(1) I will pay the trial court clerk’s office for this transcript myself. | understand that if 1 do not pay for this
transcript, it will not be prepared and provided to the appellate division.
1
@O Iam asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I
have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel
and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You can|get form CR-105
at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review
this form to decide if you are eligible for a free transcript.) 1
,
1
OR 1
c. C1 Copy of Official Electronic Recording. This option is available only if an official electronic recording was
made of what was said in the trial court, the court has a local rule for the appellate division permitting the
use of the official electronic recording itself as the record of the court proceedings, and you and the
respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the
record of what was said in your case. Check with the trial court to see if an official electronic recording was
made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with
the respondent to this notice. (Check and complete (1) or (2).) i
(1) OI will pay the trial court clerk’s office for this official electronic recording myself. I understand that if 1
do not pay for this recording, it will not be provided to the appellate division.
@O Tam asking that this official electronic recording be provided at no cost to me because I cannot afford to
pay this cost. I have completed and attached Defendant's Financial Statement on Eligibility for
Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105),
(You can get form CR-105 at any courthouse or county law library or online at www.courts.ca.gov
/forms. The court will review this form to decide if you are eligible for a free copy of the off icial
electronic recording.)
1
i
Revised January 1, 2020 CR-142, Page 3 of 4
Notice of Appeal and Record on Appeal
(Infraction)
6
i Trial Court Case Number:
t Trial Court Case Name: ([NF-23 —py931E4#LEE
@) (continued)
OR
d. () Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who
made a record of what was said in court. Check with the trial court to see if there was a court reporter in
your case before choosing this option. Some courts also have local rules that establish procedures for
determining whether only a portion of the reporter's transcript or a different form of the record will be
sufficient for an effective appeal. Check with the trial court to see if it has such a local rule.
Within 10 days of receiving the court reporter’s estimate of the cost of preparing the reporter’: Ss transcript, 1
will (check and complete one of the following):
Mo File with the trial court a certified transcript ofall the proceedings required by rule
8.918
@o Pay for the transcript myself by depositing with the trial court an amount equal to the
estimated cost of the transcript.
go Pay the reporter directly and file with the trial court a written waiver of the deposit
that is signed by the reporter.
0 Request a reporter’s transcript at no cost. | am asking that this transcript be provided
at no cost to me because I cannot afford to pay this cost. I have completed and
attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel
and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You
can get form CR-105 at any courthouse or county law library or online at
www. courts.ca.gov/forms. The court will review this form to decide if you are
eligible for a reporter’s transcript at no cost to you.)
1 understand that if I do not pay for this transcript and I am not eligible for a reporter’s transcript at no cost,
the reporter’s transcript will not be prepared and provided to the appellate division
Date: April Li b 2024 as
Sherry Gendelman
Type or print your name
>.
Signature of appéllant or attorney
Revised January 1, 2020
Notice of Appeal and Record on Appeai CR-142, Page 4 of 4
(Infraction)
Order Concerning Appellant: Clerk stamps date here when form is filed.
Proposed Statement on Appeal Br
ev Wg
(Infraction) et
San Francis for
@ The court has received and reviewed the Proposed. Statement on Appeal
(form CR-143) filed by the appellant on (fill in date): AP & 2024
The court makes the following order: CLERK OF THE COURT
a. [1 The court certifies that parts @) through(®) of the statement as BY: eputy Cierk
proposed by the appellant are an accurate summary of the
testimony and other evidence that is relevant to the issues that the Cer fills in the name and street address of the
appellant indicated in item are the reasons for this appeal. This rsupavior Court of California, County of
statement is ready to be sent to the appellate division. 't
San Francisco
t
v6.O Corrections are needed in order for parts 4) through @) of the 850 Bryant Street
statement proposed by the appellant to be an accurate summary of | San Francisco, CA 94 103
the testimony and other evidence that is relevant to the issues the
appellant indicated in item ® are the reasons for this appeal.; Clerk fills in the number and name of the case:
Trial Court Case Number:
(1) 0 A modified statement is attached to this order. This modi d INF-23-023982453
statement must be sent to the parties.
Trial Court Case Name:
The People of the State of Califoria
(2) C The appellant is ordered to prepare a statement incorporat Mohammed R. Nijem
the modifications listed below and to serve and file this
Clerk fills in the number below:
modified statement.
Appeliate Division Case Number:
@
(>)
©
|_—_— t
_—— i
__ i{
(3) 0 More corrections than could be listed above were needed | order for parts (4) through (8) of the
statement proposed by the appellant to be an accurate Sur nary of the testimony and other' evidence that
is relevant to the issues appellant indicated in item ari |the reasons for this appeal. A list of the
required modifications is attached. The appellant is orderd || to prepare a statement incorporating those
modifications and to serve and file this modified statemen
Judicial Councit of California, www.courts.ca.gov CR-144, Page 1 of 2
Revised March 1, 2014, Optional Form Order Concerning Appel! int’
Cal, Rules of Court, rule 8.916(d)
Proposed Statement on A’ peal '
(Infraction)
ee, ee
<
Trial Court Case Number:
Trial Court Case Name: MOHAMMED R NIJEM
INF-23-023982453
c. [] The proposed statement does not contain the following material required by rule 8.916:
The appellant is ordered to prepare a new proposal statement that includes this material.
1
40 The trial court proceedings in this case were reported by a court reporter or officially recorded electronically
under Government Code section 69957. Instead of correcting this statement, the court orders under rule
8.916(d)(6)(B) that a transcript be prepared as the record of these proceedings. (Check the court’s local rules
to make sure the court has adopted a rule providing that this option is available.)
i
e This superior court has a local rule for the appellate division authorizing the use of an official electronic
recording as the record of the oral proceedings. The trial court proceedings in this case were officially
electronically recorded. Instead of correcting this statement, the court orders that a copy of that electronic
recording be prepared as the record of these proceedings at the court’s expense.
T
The only documents marked as Exhibits and/or admitted at the trial were Exhibits 7 ~
(Example: 1, 2, 3 or A, B, C). Any other documents attached to the Defendant's Notice of Appeal
and Proposed Statement were NOT admitted and are not part of the official record.
v Attached are Clerk's Minutes of arraignment, continuances, and a
1
San Francisco er
Date: ? f A QA
Cer ——~—_
1 of trial court judicial officer
MARIA E. EVANGELISTA
Revised March 1, 2014
Order Concerning Appellant’ CR-144, Page
2 of 2
Proposed Statement on Appeal
(Infraction)
STOR Superior Court of California
a) County of San Francisco
Naa)
i> Traffic / Non-Traffic Infraction Division
OF aN
TRIAL DE NOVO (VC §40903) AND ADVISEMENT OF RIGHTS
Court/Trial Date: 04-02-2024 Time: 01:30 PM
Department: A — 2nd floor
850 Bryant Street, San Francisco, CA 94103 1
Citation #: 023982453
Driver's License #: ¥4823440
|, MOHAMMRD R NUJEAN, certify or declare under penalty of perjury that pursuant to provisions of Section 40512 of the
California Vehicle Code, | agree to the following conditions:
| will appear on the date, and time stated above and at all times and places thereafter at which the above
matter may be scheduled. | understand that if | fail to appear my bail may be forfeited and no further
proceedings be held.
,
As a defendant charged with an infraction, your statutory and constitutional rights include the following:
To proceed with a formal court trial before a judicial officer;
To be represented by an attorney at your own expense;
To confront and cross-examine all witnesses called to testify against you;
To present physical evidence and use the subpoena power of the court to compel witnesses to appear; and
To remain silent and not testify. 1
If you fail to appear on the date and time for your trial, you will be waiving the above-mentioned rights.
ACKNOWLEDGMENT: | have read, and ! understand the above-mentioned rights. By signing and dating below, | knowingly
and voluntarily acknowledge that | understand my statutory and constitutional rights as explained above. | understand
that if | fail to appear at my trial, my bail may be forfeited, and no further proceedings will be held. | understand if | need
to continue the trial, | must file a request at least ten (10) calendar days before the date of the trial, and attach any
supporting documentation to the request. No other requests for a continuance of the trial will be granted unless the
interest of justice require. (San Francisco Uniform Local Rule 17.7)
The trial is only about the violation(s) on the citation given to you by the Officer. If a Civil Assessment has been imposed
it is not dealt with in any way by this trial. If a petition was filed, the results will be mailed to you within six to eight weeks
of your trial date. Any funds tendered with this case will be considered payment toward the total amount due.
Signature. LEZ Date: 02-13-2024
3201 DUBLIN DR U20 Manor Or.
'S SAN FRAN, CA 94080
Paige ca, CA You
Executed on 02-13-2024 at San Francisco, California by Deputy Clerk,
SFSC - Traffic Agreement - Trial De Novo and Advisement of Rights Rev 1/24/2023
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Preview
IN THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF SAN FRANCISCO Minute Order The People of the State of California Court No: INF-23-023982453 Charge: V22350° Vs. Mohammed R. Nijem Honorable Paul DeAngelis Judge Presiding, Dept. No. A on 04/02/2024 I, F.Azam, Clerk of the Superior Court, County of San Francisco, CERTIFIED the following documents to be the originals of record in the above captioned case: 1) NOTICE OF APPEAL 2) ELECTRONIC RECORDING OF PROCEEDINGS 3) COURT PAPERS I HEREBY CERTIFY the foregoing to be a full, true, and correct copy of an order entered on the minutes of the Superior Court. COURT OF BRANDON RILEY, Clerk of the Superior Court, oE vy ilima Anan Deputy Clerk Dated: 4 Jal By OF SAN BS . * SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Criminal Division, 850 Bryant St., Room 101, San Francisco, CA, 94103 (415) 551-0651 PEOPLE OF THE STATE OF CALIFORNIA, SUPERIOR COURT . No: INF-23-023982453 Plaintiff and Respondent vs. Mohammed R. Nijem, Defendant and Appellant CERTIFICATE OF SERVICE BY MAIL (CCP #1013a(3)) I, F.Azam, Appeals Clerk of the Superior Court of California, County of San Francisco, certify that I am not a party to the within action; that I served a copy of the attached: NOTICE OF CERTIFICATION TO APPELLATE DEPARTMENT by placing said copy in an envelope addressed to the following: Dora Louie — 400 McAllister Street, #103, San Francisco, CA, 94102 Sherry Gendelman — 507 Polk Street, Suite 340, San Francisco, CA 94102 S which envelope was then sealed and postage fully prepaid thereon, and thereafter on 02/16/2024, deposited in: the United States mail at San Francisco, California. { KX inter-office mail. Dated: 04/26/2024 Eleute. Capa 7 F, AZAM Deputy Clerk. | Notice of Appeal and Record on Clerk stamps date here when form is filed. Appeal (Infraction) i Instructions we ABR ariv 15 AKG 40 This form is only for appealing in an infraction case, such as a case about a traffic ticket. You can get other forms for appealing in a civil or misdemeanor case at any courthouse or county law library or online at www. —— Feteme- Aza courts.ca.gow/forms. Before you fill out this form, read Information on Appeal Procedures for You fill in the name and street address of the court Infractions (form CR-141-INFO) to know your rights and responsibilities that issued the judgment or order you are You can get form CR-141-INFO at any courthouse or county law library or appealing: online at www.courts.ca.gov/forms Superior Court of California, County of SAN FRANCISCO You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing (see rule 8.902(b) of the California Rules of Court for very limited exceptions). If your notice of appeal is late, the court will not take your appeal. You fill in the number and name of the trial court case in which you are appealing the judgment or Fill out this form and make a copy of the completed form for your records order: Trial Court Case Number: Take or mail the completed form to the clerk’s office for the same trial court INF-23-023982453 that issued the judgment or order you are.appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that Trial Court Case Name: the original has been filed. People vs Nijem The clerk will fill in the number below: @) Your Information Appellate Division Case Number: a. Name of appellant (the party who is filing this appeal) Name: Mohammed R. Nijem Appellant’s contact information (required) Street address: 3201 Dublin Drive SSF CA 94080 Street City State Zp Mailing address (if different) t City State Zip Phone E-mail: sherrygendelman Appellant’s lawyer in the trial court proceedings: The lawyer filling out this form [x] is C1 is not representing the appellant in this appeal Name: Sherry Gendelman State Bar number: 64757 Street address: 507 Polk Street, Suite 340 SF CA 94102 Street City State | Zip Mailing address (if different) Street City State Zp Phone: 415.859.0323 E-mail: sherrygendelman@aol.com Fax: 415.757.0581 Judicial Council of California, wwvw.courts.ca.gov ‘CR-142, Page 1 of 4 Revised January 1, 2020, Optional Form Notice of Appeal and Record on Appeal Cal. Rules of Cour, rules 8.831, 8.901, 8.910 (Infraction) > | | » { & Trial Court Case Name: A: urt Case Number: FE 2ST OB’ 9§2 43 ® Judgment or Order You Are Appealing , Iam/My client is appealing (check a, b, or c): a. [x] the final judgment of conviction in the case (Pen. Code, § 1466(b)(1)). The trial court issued (rendered) this judgment on (fill in the date): April 2, 2024 b. &) an order made by the trial court after judgm ent that affects an important (substantial) right of mine/my client ~ (Pen. Code, § 1466(b)(2)). The trial court issued (rendered) this order on (fill in the date): April 2, 2024 c. Other (describe the action you are appealing and indicate the date the trial court took the action): The trial court found my client guilty based on inadmissable evidence. Your Choices About the Record on Appeal Stipulation for Limited Record C) The respondent and I/my client have agreed (“stipulated”) under rule 8.910 that parts of the normal record on appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts of the record that are not required is attached. (At the top of each page write “CR-142, item 3.”) Record of Oral Proceedings You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record of the “oral proceedings”). But, if you do not, the appellate division will not be able to consider what was said during the trial court proceedings in deciding whether an error was made in those proceedings. (4) T elect (choose)/My client elects to proceed (check a or b): a.C] WITHOUT a record of the oral proceedings in the trial court (skip item (6) ; sign and date this form). 1 understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a legal error was made (Write initials here): b. WITH a record of the oral proceedings in the trial court (complete item ® below). I understand that if elect (choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record I want to use and take the actions described below to make sure this record is provided to the appellate division. I understand that if I do not take the actions described below and the appell: receive this record, J am not likely to succeed in my appeal. (Write initials here) a I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one—a, b, c, or d): a. [x] Statement on Appeal. 4 statement on appeal is a summary of the trial court proceedings approved by the trial court. See form CR-141-INFO for information about preparing a proposed statement. (Check and complete (1) or (2), ) Revised January 1, 2020 Notice of Appeal and Record on Appeal CR-142, Page 2 of 4 (Infraction) > : I n 4 Trial Court Case Number: x Trial Court Case Name: F->2 0.2.37 1 ® (continued) I! (1) XJ [have attached my proposed statement on appeal to this notice. (Jf you are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Infraction) (form CR-143) to prepare and file this proposed statement. You can get form CR-143 at any courthouse or county law library or online at www.courts.ca.gov/forms.) ' @o I have NOT attached my proposed statement on appeal to this notice. I understand that I' must serve the prosecuting attorney if the prosecuting attorney appeared in the case and file this proposed statement in the trial court within 20 days of the date I file this notice and that if I do not file the Proposed statement on time, the court may proceed on the clerk’s transcript only. i OR | b. LC) Transcript From Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. Some courts also have local rules that establish procedures for determining whether only a portion of a transcript or a different form of the record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check and complete (1) or (2).) (1) I will pay the trial court clerk’s office for this transcript myself. | understand that if 1 do not pay for this transcript, it will not be prepared and provided to the appellate division. 1 @O Iam asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You can|get form CR-105 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a free transcript.) 1 , 1 OR 1 c. C1 Copy of Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court, the court has a local rule for the appellate division permitting the use of the official electronic recording itself as the record of the court proceedings, and you and the respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the record of what was said in your case. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with the respondent to this notice. (Check and complete (1) or (2).) i (1) OI will pay the trial court clerk’s office for this official electronic recording myself. I understand that if 1 do not pay for this recording, it will not be provided to the appellate division. @O Tam asking that this official electronic recording be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant's Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105), (You can get form CR-105 at any courthouse or county law library or online at www.courts.ca.gov /forms. The court will review this form to decide if you are eligible for a free copy of the off icial electronic recording.) 1 i Revised January 1, 2020 CR-142, Page 3 of 4 Notice of Appeal and Record on Appeal (Infraction) 6 i Trial Court Case Number: t Trial Court Case Name: ([NF-23 —py931E4#LEE @) (continued) OR d. () Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who made a record of what was said in court. Check with the trial court to see if there was a court reporter in your case before choosing this option. Some courts also have local rules that establish procedures for determining whether only a portion of the reporter's transcript or a different form of the record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. Within 10 days of receiving the court reporter’s estimate of the cost of preparing the reporter’: Ss transcript, 1 will (check and complete one of the following): Mo File with the trial court a certified transcript ofall the proceedings required by rule 8.918 @o Pay for the transcript myself by depositing with the trial court an amount equal to the estimated cost of the transcript. go Pay the reporter directly and file with the trial court a written waiver of the deposit that is signed by the reporter. 0 Request a reporter’s transcript at no cost. | am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You can get form CR-105 at any courthouse or county law library or online at www. courts.ca.gov/forms. The court will review this form to decide if you are eligible for a reporter’s transcript at no cost to you.) 1 understand that if I do not pay for this transcript and I am not eligible for a reporter’s transcript at no cost, the reporter’s transcript will not be prepared and provided to the appellate division Date: April Li b 2024 as Sherry Gendelman Type or print your name >. Signature of appéllant or attorney Revised January 1, 2020 Notice of Appeal and Record on Appeai CR-142, Page 4 of 4 (Infraction) Order Concerning Appellant: Clerk stamps date here when form is filed. Proposed Statement on Appeal Br ev Wg (Infraction) et San Francis for @ The court has received and reviewed the Proposed. Statement on Appeal (form CR-143) filed by the appellant on (fill in date): AP & 2024 The court makes the following order: CLERK OF THE COURT a. [1 The court certifies that parts @) through(®) of the statement as BY: eputy Cierk proposed by the appellant are an accurate summary of the testimony and other evidence that is relevant to the issues that the Cer fills in the name and street address of the appellant indicated in item are the reasons for this appeal. This rsupavior Court of California, County of statement is ready to be sent to the appellate division. 't San Francisco t v6.O Corrections are needed in order for parts 4) through @) of the 850 Bryant Street statement proposed by the appellant to be an accurate summary of | San Francisco, CA 94 103 the testimony and other evidence that is relevant to the issues the appellant indicated in item ® are the reasons for this appeal.; Clerk fills in the number and name of the case: Trial Court Case Number: (1) 0 A modified statement is attached to this order. This modi d INF-23-023982453 statement must be sent to the parties. Trial Court Case Name: The People of the State of Califoria (2) C The appellant is ordered to prepare a statement incorporat Mohammed R. Nijem the modifications listed below and to serve and file this Clerk fills in the number below: modified statement. Appeliate Division Case Number: @ (>) © |_—_— t _—— i __ i{ (3) 0 More corrections than could be listed above were needed | order for parts (4) through (8) of the statement proposed by the appellant to be an accurate Sur nary of the testimony and other' evidence that is relevant to the issues appellant indicated in item ari |the reasons for this appeal. A list of the required modifications is attached. The appellant is orderd || to prepare a statement incorporating those modifications and to serve and file this modified statemen Judicial Councit of California, www.courts.ca.gov CR-144, Page 1 of 2 Revised March 1, 2014, Optional Form Order Concerning Appel! int’ Cal, Rules of Court, rule 8.916(d) Proposed Statement on A’ peal ' (Infraction) ee, ee < Trial Court Case Number: Trial Court Case Name: MOHAMMED R NIJEM INF-23-023982453 c. [] The proposed statement does not contain the following material required by rule 8.916: The appellant is ordered to prepare a new proposal statement that includes this material. 1 40 The trial court proceedings in this case were reported by a court reporter or officially recorded electronically under Government Code section 69957. Instead of correcting this statement, the court orders under rule 8.916(d)(6)(B) that a transcript be prepared as the record of these proceedings. (Check the court’s local rules to make sure the court has adopted a rule providing that this option is available.) i e This superior court has a local rule for the appellate division authorizing the use of an official electronic recording as the record of the oral proceedings. The trial court proceedings in this case were officially electronically recorded. Instead of correcting this statement, the court orders that a copy of that electronic recording be prepared as the record of these proceedings at the court’s expense. T The only documents marked as Exhibits and/or admitted at the trial were Exhibits 7 ~ (Example: 1, 2, 3 or A, B, C). Any other documents attached to the Defendant's Notice of Appeal and Proposed Statement were NOT admitted and are not part of the official record. v Attached are Clerk's Minutes of arraignment, continuances, and a 1 San Francisco er Date: ? f A QA Cer ——~—_ 1 of trial court judicial officer MARIA E. EVANGELISTA Revised March 1, 2014 Order Concerning Appellant’ CR-144, Page 2 of 2 Proposed Statement on Appeal (Infraction) STOR Superior Court of California a) County of San Francisco Naa) i> Traffic / Non-Traffic Infraction Division OF aN TRIAL DE NOVO (VC §40903) AND ADVISEMENT OF RIGHTS Court/Trial Date: 04-02-2024 Time: 01:30 PM Department: A — 2nd floor 850 Bryant Street, San Francisco, CA 94103 1 Citation #: 023982453 Driver's License #: ¥4823440 |, MOHAMMRD R NUJEAN, certify or declare under penalty of perjury that pursuant to provisions of Section 40512 of the California Vehicle Code, | agree to the following conditions: | will appear on the date, and time stated above and at all times and places thereafter at which the above matter may be scheduled. | understand that if | fail to appear my bail may be forfeited and no further proceedings be held. , As a defendant charged with an infraction, your statutory and constitutional rights include the following: To proceed with a formal court trial before a judicial officer; To be represented by an attorney at your own expense; To confront and cross-examine all witnesses called to testify against you; To present physical evidence and use the subpoena power of the court to compel witnesses to appear; and To remain silent and not testify. 1 If you fail to appear on the date and time for your trial, you will be waiving the above-mentioned rights. ACKNOWLEDGMENT: | have read, and ! understand the above-mentioned rights. By signing and dating below, | knowingly and voluntarily acknowledge that | understand my statutory and constitutional rights as explained above. | understand that if | fail to appear at my trial, my bail may be forfeited, and no further proceedings will be held. | understand if | need to continue the trial, | must file a request at least ten (10) calendar days before the date of the trial, and attach any supporting documentation to the request. No other requests for a continuance of the trial will be granted unless the interest of justice require. (San Francisco Uniform Local Rule 17.7) The trial is only about the violation(s) on the citation given to you by the Officer. If a Civil Assessment has been imposed it is not dealt with in any way by this trial. If a petition was filed, the results will be mailed to you within six to eight weeks of your trial date. Any funds tendered with this case will be considered payment toward the total amount due. Signature. LEZ Date: 02-13-2024 3201 DUBLIN DR U20 Manor Or. 'S SAN FRAN, CA 94080 Paige ca, CA You Executed on 02-13-2024 at San Francisco, California by Deputy Clerk, SFSC - Traffic Agreement - Trial De Novo and Advisement of Rights Rev 1/24/2023 a => ss a e x a. 3. < g g at 2 &. ‘< 3 x z °o a 00 = Oy te e & Ow gaat sane Hy Hy = se 3, a we 3 ie 3 S| - = Fy ym: oa g al | a oi >SZXN<] | ut nf = = Zs Zz a? g oo DSZ<) - a = & a