On September 24, 2018 a
Probate Matters
was filed
involving a dispute between
and
Gupta, Kristian Michael,
in the District Court of Charlotte County.
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Filing # 93618739 E-Filed 08/03/2019 01:32:37 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, STATE OF FLORIDA CRIMINAL ACTION
STATE OF FLORIDA,
Plaintiff, CASE NUMBERS: 2018-002045-F
2018-002046-F
2018-002047-F
vs.
KRISTIAN MICHAEL GUPTA,
Defendant,
MOTION TO MODIFY PROBATION CONDITIONS
COMES NOW, Defendant, KRISTIAN MICAHEL GUPTA, by and through his undersigned
attorney, and files this Motion To Modify Probation Conditions, and as grounds in support thereof
would state:
1. That Defendant entered a plea in this cause on or about December 21, 2018 in case
number 18-2045-F to the charge of Possession of Marijuana Over 20 grams, Florida
Statute Section 893.13 (6)(a), Use or Possess Drug Paraphernalia Florida Statute
Section 893.147 (1) and Sale or Delivery of Cannabis Florida Statute Section 893.13
(1)(a)(2); in case number 18-2046-F, Use or Possess Drug Paraphernalia Florida Statute
Section 893.147 (1), and Sale or Delivery of Cannabis Florida Statute Section 893.13
(1)(a)(2); in case number 18-2047-F, Possession of Controlled Substance with Intent
Sale or Delivery of Cannabis Florida Statute Section 893.13 (1)(a)(2), and , Use or
Possess Drug Paraphernalia Florida Statute Section 893.147 (1).
2. The Defendant was sentenced to thirty-six (36) months of Drug Offender probation,
each count, concurrent and concurrent to Case number 18-2046-F and 18-2047-F.
3. The Defendant respectfully requests permission from the court to spend some
overnights away from his primary residence and instead be permitted to stay overnight
at his Grandparents home locally.
4. The Defendant has been diagnosed with an intellectual disability and relies on parental
support while at his home.5. Probation indicated a court order would be needed in order to permit the Defendant to
leave his residence during curfew and temporarily stay with his Grandparents on some
nights.
6. The Defendant respectfully requests the court to modify his probation conditions to
allow for periodic overnight stays at his Grandparents residence.
WHEREFORE the Defendant respectfully requests this Honorable Court to enter an
Order granting this Motion.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing document has been
sent via Charlotte County E Filing to the Office of the State Attorney, 350 East Marion Avenue,
Punta Gorda, FL 33950, on this 3"4 day of August, 2019.
4s/ Robert B. Siddall, Jr.
Robert B. Siddall, Jr., Esquire
Florida Bar Number: 93034
MUSCA LAW, P.A.
Attorney for the Defendant
2200 Martin Luther King Blvd., Suite A
Fort Myers, Florida 33901
(888) 865-2958
Robert@muscalaw.com
Document Filed Date
August 03, 2019
Case Filing Date
September 24, 2018
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Filing # 93618739 E-Filed 08/03/2019 01:32:37 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA CRIMINAL ACTION STATE OF FLORIDA, Plaintiff, CASE NUMBERS: 2018-002045-F 2018-002046-F 2018-002047-F vs. KRISTIAN MICHAEL GUPTA, Defendant, MOTION TO MODIFY PROBATION CONDITIONS COMES NOW, Defendant, KRISTIAN MICAHEL GUPTA, by and through his undersigned attorney, and files this Motion To Modify Probation Conditions, and as grounds in support thereof would state: 1. That Defendant entered a plea in this cause on or about December 21, 2018 in case number 18-2045-F to the charge of Possession of Marijuana Over 20 grams, Florida Statute Section 893.13 (6)(a), Use or Possess Drug Paraphernalia Florida Statute Section 893.147 (1) and Sale or Delivery of Cannabis Florida Statute Section 893.13 (1)(a)(2); in case number 18-2046-F, Use or Possess Drug Paraphernalia Florida Statute Section 893.147 (1), and Sale or Delivery of Cannabis Florida Statute Section 893.13 (1)(a)(2); in case number 18-2047-F, Possession of Controlled Substance with Intent Sale or Delivery of Cannabis Florida Statute Section 893.13 (1)(a)(2), and , Use or Possess Drug Paraphernalia Florida Statute Section 893.147 (1). 2. The Defendant was sentenced to thirty-six (36) months of Drug Offender probation, each count, concurrent and concurrent to Case number 18-2046-F and 18-2047-F. 3. The Defendant respectfully requests permission from the court to spend some overnights away from his primary residence and instead be permitted to stay overnight at his Grandparents home locally. 4. The Defendant has been diagnosed with an intellectual disability and relies on parental support while at his home.5. Probation indicated a court order would be needed in order to permit the Defendant to leave his residence during curfew and temporarily stay with his Grandparents on some nights. 6. The Defendant respectfully requests the court to modify his probation conditions to allow for periodic overnight stays at his Grandparents residence. WHEREFORE the Defendant respectfully requests this Honorable Court to enter an Order granting this Motion. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing document has been sent via Charlotte County E Filing to the Office of the State Attorney, 350 East Marion Avenue, Punta Gorda, FL 33950, on this 3"4 day of August, 2019. 4s/ Robert B. Siddall, Jr. Robert B. Siddall, Jr., Esquire Florida Bar Number: 93034 MUSCA LAW, P.A. Attorney for the Defendant 2200 Martin Luther King Blvd., Suite A Fort Myers, Florida 33901 (888) 865-2958 Robert@muscalaw.com