Some people have problems. Real problems. Problems that aren't too hard to figure out.
As in today's case.
"Defendant was charged with first degree burglary (Pen. Code, §§ 459, 460) and
[another crime]. Attorney Dorr was appointed to represent defendant.
Before trial, on three separate occasions, defendant failed to appear, causing the
trial court to issue a bench warrant.
Once trial started, defendant was present for the first two days, but on the third
day, he failed to appear. Dorr asserted that defendant was in the hospital. The trial court
granted a one-day continuance, but it warned Dorr that defendant would have to produce
medical documentation of his unavailability to obtain a further continuance.
On the fourth day, defendant once again failed to appear. Dorr did not attempt to
explain why defendant was absent and did not produce any medical documentation. The
trial court therefore refused to grant a further continuance. On the fifth day of trial,
defendant still did not appear. The jury found defendant guilty as charged.
Dorr filed a motion for new trial, on the ground that defendant had been unable to
appear for legitimate medical reasons. At the hearing on the motion, however, Dorr
conceded that it was untimely; the trial court denied it as untimely, without reading it. It
proceeded to sentence defendant to a total of two years eight months in prison. . . .
Defendant appealed. We requested further briefs on whether defendant’s motion
for new trial had, in fact, been untimely. Defendant then argued, not only that the motion
was actually timely, but also that Dorr had rendered ineffective assistance by conceding
that the motion was untimely. We agreed on both points. We therefore reversed the
judgment. . . .
On remand, the trial court set a hearing on defendant’s new trial motion. The
hearing, however, was repeatedly continued. In particular, in July 2015, September 2015,
and again in January 2016, the hearing was continued based on Dorr’s representations
that defendant was in the custody of Immigration and Customs Enforcement (ICE).
While defendant was in ICE custody, Dorr visited him; they discussed the status of
the case, including the fact that the judgment had been reversed on appeal. Dorr told him
that, if he was released, he needed to let Dorr know.
As of May 14, 2016, defendant evidently was no longer in ICE custody, as he was
arrested on [] charges. He signed a citation promising to appear on July
29, 2016.
On May 27, 2016, defendant was arrested on a new misdemeanor [] charge, as
well as for misdemeanor resisting an officer. On June 3, 2016, while still in custody, he
was arraigned; a hearing was set for July 1, 2016. A hearing in this case was also set for
July 1, 2016, specifically so defendant could appear in both cases at the same time. On
that date, he failed to appear.
A hearing in this case was then set for July 29, 2016, again so defendant could
appear in this case and in his first misdemeanor case at the same time. On that date, he
failed to appear. . . . The
trial court continued the hearing.
On August 12, 2016, at the continued hearing, defendant failed to appear. Dorr
represented that he had not had any contact with defendant since defendant was released. . . . After hearing argument, it denied the motion for new trial; it found that
defendant’s claim that he had been unable to appear at trial for medical reasons was not
credible. It therefore reinstated the judgment."
You can readily figure out the problem. My father used to say (quoting, apparently, Woody Allen) that 80% of life was just showing up. Mr. Lucero unfortunately was not hip to that 80 percent. Ergo his many problems.
But you can also (potentially) figure out the underlying cause. I deliberately inserted three separate brackets (omissions) into the portion of the text I quoted. Those brackets cover the following words and phrases, each of which likely identifies the reason for all the absences:
(1) "charged with . . . [possession of methamphetamine];"
(2) "arrested on [drug] charges;" and
(3) "arrested ona new misdemeanor [drug] charge.
Yeah. That stuff's not good for you. At all.
