Crime, Fire + Courts

AB 109 uncertainty delays sentencing in Davis hate crime

By From page A2 | October 31, 2013


Clayton Garzon. Enterprise file photo

WOODLAND — California’s “evolving” prison realignment measure could throw a wrench into the plea deal taken last month by a Davis hate-crime defendant.

Clayton Daniel Garzon, 20, was supposed to be sentenced Wednesday to a five-year prison term, which under the plea agreement would have been served locally at the Yolo County Jail instead of at a state prison facility.

Garzon pleaded no contest to felony battery with a hate-crime enhancement for the March 10 beating of Lawrence “Mikey” Partida, 32, who authorities say was targeted over his sexual orientation.

But the sentencing hearing was instead pushed back to Dec. 4 after Yolo Superior Court Judge David Rosenberg, following an in-chambers meeting with attorneys in the case, announced that “due to current circumstances and the evolving law related to realignment, it is necessary to continue this matter for further proceedings.”

Chief Deputy District Attorney Jonathan Raven later told The Enterprise: “Questions have been raised as to whether (Garzon) is eligible to serve his prison sentence in the county jail under realignment.”

Enacted in October 2011, realignment — also known as AB 109 — calls for offenders convicted of nonviolent, nonserious and nonsexual felonies to serve their time in county jails, with the goal of relieving the state’s overburdened prison system.

“We have to figure out where we fit in all that,” Garzon’s attorney, Linda Parisi, said outside of court.

Meanwhile, Garzon remains in Yolo County Jail custody, having been remanded last week after “technical violations” involving his GPS monitoring system caused the county Probation Department — which has been supervising Garzon since his release on bail in March — to lose track of his whereabouts for about an eight-hour period.

Those violations, apparently caused by a failure to charge the GPS battery, did not factor into the decision to revisit the plea agreement, Raven said.

— Reach Lauren Keene at [email protected] or 530-747-8048. Follow on her Twitter at @laurenkeene

Lauren Keene

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