Preview
SCOTT R. MONTGOMERY, ESQ., SBN 278060
KAITLYN D. WRIGHT, ESQ., SBN 343722
NATASHA E. BERG, ESQ., SBN 349513
ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, Santa Rosa, CA 95401
Telephone: 707-542-5050 / Facsimile: 707-542-2589
Johann Hall, Esq. SBN 270753
5 The Law Office of Johann Hall
703 2" Street, Suite 353, Santa Rosa, CA 95404
6 Telephone: 707-360-8717 / Facsimile: 707-921-7378
7 Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA
10
qtt C.F. BY AND THROUGH HER GUARDIAN
t
o Case No. SCV264540
AND GUARDIAN AD LITEM SOLOMON
12 FARR; E.F. BY AND THROUGH HER DECLARATION OF NATASHA E.
ta t8
GUARDIAN AND GUARDIAN AD LITEM BERG IN SUPPORT OF
PLAINTIFFS'OTION
ato -" .=' 13 SOLOMON FARR; S.F. BY AND THROUGH IN LIMINE TO EXCLUDE
HIS GUARDIAN AND GUARDIAN AD ANY REFERENCE OR SUGGESTION
(o 14 LITEM SOLOMON FARR, THAT FUNDS FROM THK LAWSUIT
got
tf "E WILL GO TO SOLOMON FARR
tt" u
15 Plaintiffs, [PLAINTIFFS'IL 7 of 9]
ztttt V
I
a Action Filed: May 31, 2019
Trial Date: September 15, 2023
trt
17 MARK ZAPATA MARTINEZ; MARTHA Trial Dept: 16
tt O MARTINEZ; ALTERNATIVE FAMILY
tt O
18 SERVICES, INC,; COUNTY OF SONOMA;
STATE OF CALIFORNIA AND DOES 3-30,
19
Defendants,
20
21 1. I, Natasha E. Berg, am an attorney at the law firm of Abbey Weitzenberg Warren
22 /k Emery, attorneys of record for Plaintiffs C.F., E.F., and S.F., minors. I make this declaration
23 under penalty of perjury and based on my own personal knowledge. I am over the age of 18 and
24 am competent to make this declaration.
25 2. It is hereby requested that the Court to take judicial notice of all documents and
26 proceedings in a separate and related criminal action against Defendant, MARK ZAPATA
27 MARTINEZ (hereinafter "Mr. Martinez" ), arising out of the same facts and circumstances as the
28 present matter, that was filed in Sonoma County Superior Court, entitled, People of the State of
-I-
DECLARATION OF NATASHA E. BERG IN SUPPORT OF PLAINTIFFS'IL 7 of 9l
California v. Mark Zapata Martinez, Case No. SCR-720717-1 (hereinafter the '*Criminal
2 Action" ), establishing that Defendant was convicted of felonies arising out of the same facts
presented herein, including but not limited to:
4
~ Criminal Complaint, filed October 4, 2018 (Exhibit A)
Information, filed July 2, 2019 (Exhibit B)
6
~ Felony Advisement of Rights, Waiver and Plea Form, filed March 6, 2020
7 (Exhibit C)
8 Certified Sentencing Transcript containing the Order of Sentence dated May 11,
9 2023 (Exhibit D)
10 I make the aforementioned declaration under penalty of perjury. This declaration was
executed on September 7, 2023, at Santa Rosa
12
J Natasha E. erg
14
15
16
17
20
21
22
23
24
25
26
27
28
-2-
DECLARATION OF NATASHA E. BERG IN SVPPORT OF PLAINTIFFS'IL 7 of 91
EXHIBIT A
FILED
I JILL R RAUITCH //129787 2I8
District Attorney, County of Sonoma SUPERIOR
Javier Vaca, 8240201 COUNTY
Deputy District Attorney BY DEPUTY CORK
3 600 Administration Dr, Room 212J
Santa Rosa, CA 95403
4 Telephone: (707) 565-2311
Attorney for the People
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SONOMA
10
THE PEOPLE OF THF. STATE OF COURT CASE NO.
11 CALIFORNIA
Plaintiff, FELONY COMPLAINT
12 Section(s) PC288.7(b), PC288.7(b),
PC288(b)(1), PC288(a),
vs. PC288(a), PC288(a),
13 PC288(b)( I)
14
MARK ZAPATA MARTINEZ DA CASE NO. 0953105
DO)3: 04/23/1965 ID NO. 659768
16
Defendant. Appearance Date: October 5, 2018
17
18
19
The District Attorney of the County of Sonoma, State of California, hereby accuses the
20
above named defendant of the following criminal offenses:
21
22 COUNT 1
On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
24
California, the crime of Oral Copulation Or Sexual Penetration With Child 10 Years Old Or
25
Younger in violation of PC288,7(b), a Felony, was committed in that MARK ZAPATA
26
MARTINEZ being a person 18 years of age and older, did engage in oral copulation, with JANE
27
28 PAGE- 1-
FELONY COMPLAINT
DOE 81, a child who was 10 years of age and younger. NOTICE: Conviction of this offense will
I
require the court to order you to submit to a blood test for evidence of antibodies to the probable
3 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
4 NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section
290. Willful failure to register is a crime. NOTICE: Thc above offense is a serious felony within the
6
meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code
7
Section 667.5(c) NOTICE: The above offense is a serious felony within the meaning of Penal Code
8
section 1192.7(c).
10
COUNT2
12 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
Old Or
California, the crime of Oral Copulation Or Sexual Penetration With Child 10 Years
14
Younger in violation of PC288.7(b), a Felony, was committed in that MARK ZAPATA
15
MARTINEZ being a person 18 years of age and older, did engage in sexual penetration, as defined
16
in Penal Code Section 289, with JANE DOE gl, a child who was 10 years of age and younger.
17
NOTICE: Conviction of this olfense will require the court to order you to submit to a blood test for
18
evidence of antibodies to the probable causauve agent of Acquired Immune Deficiency Syndrome
20 (AIDS). Penal Code Section 1202.1. NOTICE: Conviction of this offense will require you to
register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: The
22
above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent
23
felony within the meaning of Penal Code Section 667.5(c) NOTICE: The above offense is a serious
24
felony within the meaning of Penal Code section 1192.7(c).
25
26
27
28 PAGE-2-
FELONY COMPLAINT
COUNT3
2 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
3 California, the crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was
4 committed in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a
5
lewd and lascivious act upon and with the body and certain parts and members thereof of JANE
6
DOE ¹I, a child under the age of fourteen years, to wit, victim's hand to defendant's penis, with the
7
intent of arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said
8
Defendant, MARK ZAPATA MARTINEZ and the said child, by use of force, violence, duress,
9
menace, and threat of great bodily harm. NOTICFc The above offense is a serious felony within the
11 meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code
Section 667.5(c) NOTICE: Conviction ol'his offense will require you to register pursuant to Penal
13
Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections
14
11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case.
15
Penal Code Section 11167 and 11! 67.5 limit access to a SCAR. A protective order issued by a
16
court is necessary to obtain a copy of the report. NOTICE; Conviction of this olTense will
17
Ig require the court to order you to submit to a blood test for evidence of antibodies to the probable
19 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.I.
20
21 COUNT4
22
On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
23
California, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed
24
in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and
25
lascivious act upon and with the body and certain parts and members thereof of JANE DOE ¹I, a
27 child under the age of fourteen years, to wit, defendant's hand to victim's vagina, with the intent of
PAGE - 3-
FELONY COMPLAINT
arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant,
MARK ZAPATA MARTINEZ and the said child. NOTICE: Conviction of this offense will require
3 you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE:
4 Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may
5
have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A
6
protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above
7
offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony
8
within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will
10 require the court to order you to submit to a blood test for evidence of antibodies to the probable
11 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
12
13 COUNT5
14
On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
15
California, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed
16
in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and
17
lascivious act upon and with the body and certain parts and members thereof of JANE DOE 8 I, a
19 child under the age of fourteen years, to wit, defendant's hand to victim's butt, with the intent of
20 arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant,
MARK ZAPATA MARTINEZ and the said child. NOTICE: Conviction of this offense will require
22
you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE:
23
Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may
24
have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A
protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above
27 offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony
28 PAGE -4-
FELONY COMPLAINT
within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will
I
require the court to order you to submit to a blood test for evidence of antibodies to the probable
3 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
COUNT6
6
On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
7
Cali(ernie, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed
8
in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and
9
lascivious act upon and with the body and certain parts and members thereof of JANE DOE II I, a
child under the age of fourteen years, to wit, defendant's hand to victim's chest, with the intent of
12 arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant,
MARK ZAPATA MARTINEZ and the said child. NOTICE; Conviction of this offense will require
14
you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE:
15
Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may
16
have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A
17
protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above
19 offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony
20 within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will
21
require the court to order you to submit to a blood test for evidence of antibodies to the probable
22
causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
23
24
COUNT7
25
On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of
26
27 California, the crime of Forcible Lewd Act Upon Child in violation of PC28 8(b)( I ), a Felony, was
PAGE-5-
FELONY COMPLAINT
committed in that MARK ZAPATA MARTINEZ did wi! Ifully, unlawfully, and lewdly commit a
I
lewd and lascivious act upon and with the body and certain parts and members thereof of JANE
3 DOE JI2, a child under the age of fourteen years, to wit, defendant's hand to victim's vagina, with
4 the intent of arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said
5
Defendant, MARK ZAPATA MARTINEZ and the said child, by use of force, violence, duress,
6
menace, and threat of great bodily harm. NOTICE: Thc above offense is a serious felony within the
7
meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code
8
Section 667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal
Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections
11 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case.
Penal Code Section ! 1167 and 11167.5 limit access to a SCAR. A protective order issued by a
13
court is necessary to obtain a copy of the report. NOTICE: Conviction of this offense will
14
require the court to order you to submit to a blood test for evidence of antibodies to the probable
15
causative agent of Acquired immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
16
17
18
19 NOTICE: Conviction for these offenses may require you to provide specimens and samples
20 pursuant to Penal Code Section 296 if you are convicted of a felony offense or have a prior
qualifying offense in your criminal background. Willful refusal to provide the specimens and
samples is a crime.
23
24 NOTICE: PURSUANT TO PENAL CODE SECTION 29810(a)(1)
25 NOTICE: Conviction of this offense will require you to relinquish all firearms you own,
26 possess, or have under your custody or control in the manner provided in Penal Code section 29810.
27
28 PAGE-6-
FELONy COMPLAINT
I NOTICE: PURSUANT TO PENAL CODE SECTION 29810(a)(2)
2 NOTICE: Conviction of this offense will prohibit you from owning, purchasing, receiving,
3 possessing, or having under your custody or control any firearms, ammunition, and ammunition
4 feeding devices, including but not limited to magazines.
6 MARSY'S LAW
7 Information contained in the reports being distributed as discovery in this case may contain
8 confidential information protected by Marsy's Law and the amendments to the State of California
9 Constitution Section 28. Any victim(s) in any above referenced charge(s) is entitled to be safe and
10 free from intimidation, harassment, and abuse. The defendant(s), de(ense counsel, and any other
11 person acting on behalf of the defendant(s) is admonished not to use any information contained in
12 the reports to locate or harass any victim or the victim(s)s'amily and to not disclose any
13 information that is otherwise privileged and confidential by law. Additionally, it is a misdemeanor
14 violation of Penal Code Section 1054.2(a)(3) to disclose the address and telephone number of a
15 victim or witness to a defendant, defendant's family member, or anyone else. Note exceptions
16 provided in Penal Code Section 1054.2(a)(l) and (2).
17 Discovery Request: Pursuant to Penal Code Section 1054.5(b), the People are hereby
18 informally requesting that defense counsel provide discovery to the people as required by Penn!
19 Code Section 1054.3.
20 Complainant therefore prays that a warrant issue and that said defendant be dealt with
21 according to law. I declare under penalty of perjury under the laws of the State of California, based
22 on information and belief, that the foregoing is true and correct.
23
24
25
26
27
28 PAGE - 7-
FELONY COMPLAINT
I Dated: October 3, 2018
JILL R. ITCH
DISTRI TTO
By:
JAVIER V CA u
DEPUTY ISTRICT ATTORNEY
10
12
13
15
16
17
18
19
20
21
22
23
24
25
26
27
28 PAGE- 8-
FELONY COMPLAINT
+**IN CUSTODY***
[ ] It appearing that the offense(s) of
in the complaint has been committed and there is sufficient cause to believe the defendant
guilty, I order that he be held to answer to the Superior Court. It is further ordered that
he , be committed to the Sheriff of the County of
Sonoma, and be held in custody until bail is posted in the amount of ($ )
dollars.
*'+OUT OF CUSTODY***
[ ) It appearing that the offense(s) of
in the complaint has been committed and there is sui5cient cause to believe the defendant
guilty, I order that he be held to answer to the Superior Court The defendant remains
released as follows:
[ ] Own Recognizance
[ ] Supervised Own Recognizance
[ ] Cited to Appear
[ ] CashBailintheamountof$ having been posted
[ ] Bail BondP m the amount of $
remains in full force and effect,
Judge of the Superior Court
Dated
EXHIBIT B
1 JILL R. RAVITCH, ¹129?87
District Attorney, County of Sonoma F I LE 9
~
2 Leslie Sutori, ¹294808
Deputy District Attorney
3 600 Administration Dr, Room 212J JUL 022D)9
Santa Rosa, CA 95403 svneleR couRT cs
4 Telephone: (707) 565-2311
5 Attorney forthe People
s .
WL Y cspgrr crssx
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SONOMA
10
11 THE PEOPLE OF THE STATE OF COURT CASE NO. SCR72071?-1
CALIFORNIA Secbon(s) PC288.? Ib} PC288(b)(1),
12 Plaintiff,
13 vs. PC288{a, PC288{a), C288(b)(1)
14 INFORINATION
MARK ZAPATA MARTINEZ DA CASE NO. 0953105
DOS: 04/23/1 965 ID NO. 659768
17
18 Defendant. Appearance Date:July 9, 2019
The District Attorney of the County of Sonoma, State of California, by this
INFORMATION accuses the above named defendant of the following criminal offenses:
22
23 COUNT 1
24 On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of
California, the crime of Oral Copulation Or Sexual Penetration With Child 10 Years Old Or
26
Younger in violation of PC288.7(b), a Felony, was committed in that MARK ZAPATA
27
MARTINEZ being a person 18 years of age and older, did engage in oral copulation as
28
PAGE-1-
INFORMATION
defined in Penal Code Section 288a, with JANE DOE ¹1, a child who was 10 years of age
and younger. NOTICE: Conviction of this offense will require the court to order you to
3 submit to a blood test for evidence of antibodies to the probable causative agent of
4 Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. NOTICE:
Conviction of this offense will require you to register pursuant to Penal Code section 280.
6
Willful failure to register is a crime. NOTICE: The above offense is a serious felony within
7
the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of
8
Penal Code Section 667.5(c) NOTICE: The above offense is a serious felony within the
10 meaning of Penal Code section 1192.7(c).
COUNT2
On or about April I, 2018 to June 25, 2018 in thc County of Sonoma, State of California, the crime
13
of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in that
14
MARK ZAPATA MAR'17NEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious
15
act upon and with the body and certain parts and members thereof of JANE DOE ¹I, a child under
16
the age of fourteen years, to wit, oral copulation, with the intent of arousing, appealing to, and
gatifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA
19 MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning
of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section
21
667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code
22
section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166
23
and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal
Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective order issued by a court is
26 necessary to obtain a copy of the report.
27
28
PAGE-2-
INFORMATION
ENHANCEMENT 1
2 PC667.61(j)(2): Special Allegation-Sex Crimes Aggravating Circumstances
, 3 It is further alleged, as to Count 2 within the meaning of Penal Code sections 667.16(j)(2) aud (e),
4 that the victim in the above offense was a child under 14 years of age and that the following
5 circumstance applies:Multiple Vtctizns.
6
COUNT 3
7
On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of
8
California, the crime of Oral Copulation Or Sexual Penetration ytfith Child 10 Years Old Or
10 Younger in violation of PC288.7(b), a Felony, was committed in that MARK ZAPATA
11 MARTINEZ being a person 18 years of age and older, did engage in sexual penetration,
as defined in Penal Code Section 289, with JANE DOE 8II, a child who was 10 years of
13
age and younger. NOTICE: Conviction of this offense will require the court to order you to
14
submit to a blood test for evidence of antibodies to the probable causative agent of
15
Acquired immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. NOTICE:
16
Conviction of this offense will require you to register pursuant to Penal Code section 290.
18 WiNul failure to register is a crime. NOTICE: The above offense is a serious felony within
19 the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of
Penal Code Section 667.5(c) NOTlCE: The above offense is a serious felony within the
2'I
meaning of Penal Code section 1192.7(c).
22
COUNT 4
23
On or about April I, 2018 to June 25, 2018 in the County of Sonoma, State of California, the crime
of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in that
26 MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious
act upon and with the body and certain parts and members thereof of JANF, DOE N, a child under
28
PAGE-3-
INFORMATION
the age of fourteen years, to wit: sexual penetration, with the intent of amusing, appealing to, and
gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA
3 MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning
4 of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section
5
667,5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code
6
section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166
7
and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal
8
Code Section I I I 67 and 1 I I 67.5 limit access to a SCAR. A pmtective order issued by a court is
9
10 necessary to obtain a copy of the report.
12 ENHANCEMEhK I
13
PC667.61Q)(2): Special Allegation-Sex Crimes Aggravating Circumstances
14
It is further alleged, as to Count 4 within the meaning of Penal Code sections 667.16(j)(2) snd (e),
15
that the victim in the above offense was a child under 14 years of age and that the following
16
circumstance applies:Multiple Victim
$7
COUNT 5
19 On or about April I, 2018 to June 25, 2018 in the County of Sonoma, State of California, the crime
of Forcible Lewd Act Upon Child in violation of PC288(b)(l), a Felony, was committed in that
21
MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious
22
act upon and with the body and certain parts and members thereof of JANE DOE gl, a child under
23
thc age of fourteen years, to wit: grabbing her vagina, with the intent of arousing, appealing to, and
gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA
26 MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning
of Penal Code Section 1192.7(c) and a violent felony within thc meaning of Penal Code Section
28
PAGE-4-
INFORMATION
667.5(c) NOTICE: Conviction of this offense will require you to regisuu pursuant to Penal Code
section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166
3 snd 11168, a Suspected Child Abuse Repozt (SCAR) may have been generated in this case. Penal
Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is
5 necessary to obtain a copy of the report. NOTICE: Conviction of this offense will require the court
6
to order you to submit to a blood test for evidence of antibodies to the probable causative agent of
7
Acquired Immune De6ciency Syndrome (AIDS). Penal Code Section 1202.1,
8
10 ENHANCEMENT I
11 pC667.61(j)(2): Special Allegation-Sex C'rimes Aggravating Circumstances
It is fuzther alleged, as to Count 5 within the meaning of Penal Code sections 667.16(j)(2) snd (e),
13
that the victim in the above offense was a child under 14 years of age and that the following
14
circumstance applies:
15
COUNT 6
16
On or between April I, 2018 and June 25, 2018, in the County of Sonoma, State of California, the
10
20
that ~
crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in
ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd snd
lascivious act upon and with the body and certain parts and members thereof of JANE DOE ¹I, a
21
child under the age of fourteen years, to wit: victim's hand to defendant's penis, with the intact of
22
amusing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant,
23
MARK ZAPATA MARTINEZ, by use of force. NOTICE: The above offense is a serious felony
within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of
26 Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require you to register
pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to
28
PAGE-5-
INFORMATION
Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been
genemted in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective
3 order issued by a court is necessary to obtain a copy of the report. NOTICE: Conviction of this
4 offense will require the court to order you to submit to a blood test for evidence of antibodies to the
5
probable causative agent of Acquired Immune Deffciency Syndrome (AIDS). Penal Code Section
6
1202.1.
7
10 PC667.61(j)(2):. Special Allegation-Sex Crimes Aggmvating Circumstances
11 It is further alleged, Count 6 within the meaning of Penal Code sections 667.16(j)(2) and (e), that
the victim in the above offense was a child undec 14 years of age and that the following
13
circumstance appHes:Multiple Victim.
14
COUNT 7
15
On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the
16
crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed in that MARK
18 ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon
10 and with the body and certain parts and members thereof of JANE DOE gl, a chBd under the age of
fourteen years, to wit, defendant's hand to victim's vagina, with the intent of arousing, appealing to,
21
snd ratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA
22
MARTINEZ. NOTICE: Conviction of this offense will require you to register pursuant to Penal
23
Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections
11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case.
26 Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court
is necessary to obtain a copy of the report. NOTICE: The above offense is a serious felony within
28
PAGE-6-
INFORMATION
the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal
Code Section 667.5(c) NOTICE: Conviction of this offense will require the court to order you to
3 submit to a blood test for evidence of antibodies to the probable causative agent of Acquired
4 Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
5
ENHANCEMENT 1
7
PC667.61(j)(2): Special Allegation-Sex Crimes Aggravating Circumstances
8
It is further alleged, Count 7 within the meaning of Peruti Code sections 667.16(j)(2) aud (e), that
10 the victim in the above offense was a child under 14 years of age and that the following
11 circumstance appfies:Multiple Victim.
12 COUNT 8
13
On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the
14
crime of Lewd Act Upon A Child m violation of PC288(a), a Felony, was committed in that MARK
15
ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon
16
and with the body and certain parts and members thereof of JANE DOE gl, a child under the age of
18 fourteen years, to wit: defendant's hand to victim's butt with the intent of amusing, appealing to,
18 aud gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA
MARTINEZ. NOTICE: Conviction of this offense will require you to register pmsuant to Penal
21
Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections
22
11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case.
23
Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective order issued by a court
is necessary to obtain a copy of the report. NOTICE: The above offense is a serious felony within
26 the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal
Code Section 667.5(c) NOTICE: Conviction of this offense will require the court to order you to
28
PAGE-7-
INFORMATION
submit to a blood test for evidence of antibodies to the probable causative agent of Acquired
Immune Deficiency Syndrome (AIDS). Penal Code Section i202.1.
ENHANCEMENT I
5
PC667.61(j)(2): Special Allegation-Sex Crimes Aggravating Circumstances
6
It is further alleged, Count 8 within the meaning of Penal Code sections 667.16(j)(2) and (e), that
7
the victim in the above offense was a child under 14 years of age and that the following
8
ce applies:Multiple Victim.
10 COUNT 9
'I 'I On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the
crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed in that MARK
13
ZAPATA MARTINEZ did willfully, unlawfully„and lewdly conuuit a lewd and lascivious act upon
14
and with the body and certain parts and members thereof of JANE DOE 81, a child under the age of
15
16
17
1 8
and gratifying the lust, passions, and sexual desires of the said Defendant, ~
fomteen years, to wit, defendant's hand to victim's chest with the intent of arousing, appealing to,
ZAPATA
MARTINEZ . NOTICE: Conviction of this offense will require you to register pursuant to Penal
10 Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections
11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case.
21
Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective order issued by a court
22
is necessary to obtain a copy of the report. NOTICE: The above offense is a serious felony within
23
the meaning of Penal Code Section 1192.7(c) snd a violent felony within the meaning of Penal
Code Section 667.5(c) NOTICE: Conviction of this offense viill require the court to order you to
26 submit to a blood test for evidence of antibodies to the probable causative agent of Acquired
27 Immune Deficiency Syndmme (AIDS). Penal Code Section 1202.1.
28
PAGE-8-
INFORMATION
ENHANCEMEhK I
3 PC667.61(j)(2): Special AHegation-Sex Crimes Aggravating Circumstances
4 It is further alleged, Count 9 within the meaning of Penal Code sections 667.16(j)(2) and {e), that
5
the victim in the above offense was a child under 14 years of age and that the following
6
circumstance applies: Multiple Victim
7
COUNT 10
8
On or between April I, 2018 and June 25, 2018, in the County of Sonoma, State of California, the
10 cdme of Forcible Lewd Act Upon Child in violation of PC2$ 8(b){l), a Felony, was committed in
11 that MARK ZAPATA MARTINEZ did wififuHy, unlawfully, and IewrHy commit a lewd snd
lascivious act upon and with the body and certain parts and members thereof of JANE DOE g2, a
13
child under the age of fourteen years, to wit, defendants hand to victim's vagina, with the intent of
14
amusing, appealing to, and ratifying the lust, passions, and sexual desires of the said Defendant,
15
MARK ZAPATA MARTINEZ and the said child, by use of force. NOTICE: The above offense is a
16
serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within thc
meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require you to
19 register pursuant to Penal Code section 290. Willful fafiure to register is a crime. NOTICE:
Conviction ofthis offense wiH require the court to order you to submit to a blood test for evidence
21
of antibodies to the probable causative agent of Acquired Immune Deficiency Syndmme (AIDS).
22
Penal Code Section 1202.1.
23
24
25 ENHANCEMENT 1
26 PC667.61(j)(2): Special AHegation-Sex Crimes Aggravating Circumstances
28
PAGE-9-
INFORMATION
It is further alleged, Count 10 within the meaning of Penal Code sections 667.16(i)(2) and (e), that
the victim in the above offense was a child under 14 years of age snd that the following
3 circumstance applies Multiple Victim.
5
NOTICE: Conviction for these offenses may require you to provide specimens and
6
samples pursuant to Penal Code Section 296 if you are convicted of a felony offense
7
or have a prior qualifying offense in your criminal background. Willful refusal to
8
provide the specimens and samples is a crime.
9
10
Contrary to the form, force and effect of that Statute in such case made and
11
provided and against the peace and dignity of the People of the State of California.
12
Dated: July 2, 2019
13
15
16
8
LE SLKBtPORV
4
DEPUTY DISTRICT ATTORNEY
18
19
20
21
23
24
25
26
27
28
PAGE-10-
INFORMATION
EXHIBIT C
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA EFqrforgr vs)min~
Plaintiff:
PEOPLE OF THE STATE OF CALIFORNIA
Defendant:
(; c t-'6 7 ~ Q:~ix ~C"~ r v=~
Date of Birth:
(-t i 7
FELONY ADVISEMENT OF RIGHTS, WAIVER, AND PLEA
INSTRVCTIOhfS
~/ VY~sr1l(
imii i ihe box for each applicable item only if you understand ii, and sign and date ihe form on page p3. if you have questions
I
about your case, ihe passible sentences, or the informs!ion on lhe ferni, ask your airqmey or the judge.
As the defendant in the above entitled case, l personally declare the following:
1. My name and date of birth as listed above are complete, true, and correct.
2. i am not currently under the influence of anything that impairs my ability to understand these proceedings,
3. i understand that i am pleading GUIL / NO CONTEST d admitting the following offense(s), special
punishment af legation(s), enhancement{s ction(s), carrying the possible penalties as follows:
Ku nun~aFVtKBTKA small~
P. C .~ 5%i - I
- riCC~ C c~~.
(L
-O'.. / R~(C)
MAXIMUM TOTAL PUNISHMENT I ~Q + (~ ~ (tQ
4. Open Plea - i understand that there is no agreement or indication as to the sentence l will receive on this
matter. l could be sentenced up to the maximum penalty as stated above.
5. Indicated Sentence - i understand that, although the Court has indicated a sentence, there is no
!8 agreement
read
the
with
considered
and
District Attorney's Office and the Court wilt not decide what my sentence will be until it has
a report from the Probabon Department.
6. 1192.5 PC Negotiated Disposition - I am entenng into an agreement with the Distnct Attorney's Office.
Pursuant to this agreement, l am pleading guilty/no contest as stated above.
ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM - FELONIES
Page I of 4
7. My plea(s) are conditianed on receiving the following consideration as to sentence:
Probation will be denied
imposition of Judgment suspended
Probation vnll be granted
P
f
To be determined by the Court
Sentence imposed and execution of sentence suspended
g]
Custody Term will be for the stipulated term of ~)
Iunderstand that if the Coun declines to accept the negotiated disposition, I may withdraw my plea(s) of
gwity/no contest, reenter my not guilty pleas and go to tnal on ag counts as onginally charged.
I understand the Following charges will be dismissed:
I understand the Court can consider the dismissed charges in determining the appropriate sentence m my case
and in ordering restitution to the victim(s) of the dismissed charges.
CONSTITUTIONAL RIGHTS
8. RIGHT TO A TRIAL - I understand that I am entitled to a speedy and pubkc tnal by court or by Jury as to all
charges, allegations, enhancements, and prior convictions.
9. RIGHT TO CONFRONT AND CROSS EXAflINE WITFIESSES - I understand I have the right to see, hear, and
question an vntnesses who would testify against me at trial.
10. PIGHT TO PRESENT EVIDENCE - I understand I hav" the nght to present evidence m defense of the
charges.
11. RIGHT TO SUBPOENA V/ITNESSES - I understar d I have the right to have the Court order my mtnesses to
attend my trial at no expense to me.
12. RIGHT AGAINST SELF INCRIMINATION - I understand I have the nght to re
Preview
SCOTT R. MONTGOMERY, ESQ., SBN 278060 KAITLYN D. WRIGHT, ESQ., SBN 343722 NATASHA E. BERG, ESQ., SBN 349513 ABBEY, WEITZENBERG, WARREN & EMERY, P.C. 100 Stony Point Road, Suite 200, Santa Rosa, CA 95401 Telephone: 707-542-5050 / Facsimile: 707-542-2589 Johann Hall, Esq. SBN 270753 5 The Law Office of Johann Hall 703 2" Street, Suite 353, Santa Rosa, CA 95404 6 Telephone: 707-360-8717 / Facsimile: 707-921-7378 7 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SONOMA 10 qtt C.F. BY AND THROUGH HER GUARDIAN t o Case No. SCV264540 AND GUARDIAN AD LITEM SOLOMON 12 FARR; E.F. BY AND THROUGH HER DECLARATION OF NATASHA E. ta t8 GUARDIAN AND GUARDIAN AD LITEM BERG IN SUPPORT OF PLAINTIFFS'OTION ato -" .=' 13 SOLOMON FARR; S.F. BY AND THROUGH IN LIMINE TO EXCLUDE HIS GUARDIAN AND GUARDIAN AD ANY REFERENCE OR SUGGESTION (o 14 LITEM SOLOMON FARR, THAT FUNDS FROM THK LAWSUIT got tf "E WILL GO TO SOLOMON FARR tt" u 15 Plaintiffs, [PLAINTIFFS'IL 7 of 9] ztttt V I a Action Filed: May 31, 2019 Trial Date: September 15, 2023 trt 17 MARK ZAPATA MARTINEZ; MARTHA Trial Dept: 16 tt O MARTINEZ; ALTERNATIVE FAMILY tt O 18 SERVICES, INC,; COUNTY OF SONOMA; STATE OF CALIFORNIA AND DOES 3-30, 19 Defendants, 20 21 1. I, Natasha E. Berg, am an attorney at the law firm of Abbey Weitzenberg Warren 22 /k Emery, attorneys of record for Plaintiffs C.F., E.F., and S.F., minors. I make this declaration 23 under penalty of perjury and based on my own personal knowledge. I am over the age of 18 and 24 am competent to make this declaration. 25 2. It is hereby requested that the Court to take judicial notice of all documents and 26 proceedings in a separate and related criminal action against Defendant, MARK ZAPATA 27 MARTINEZ (hereinafter "Mr. Martinez" ), arising out of the same facts and circumstances as the 28 present matter, that was filed in Sonoma County Superior Court, entitled, People of the State of -I- DECLARATION OF NATASHA E. BERG IN SUPPORT OF PLAINTIFFS'IL 7 of 9l California v. Mark Zapata Martinez, Case No. SCR-720717-1 (hereinafter the '*Criminal 2 Action" ), establishing that Defendant was convicted of felonies arising out of the same facts presented herein, including but not limited to: 4 ~ Criminal Complaint, filed October 4, 2018 (Exhibit A) Information, filed July 2, 2019 (Exhibit B) 6 ~ Felony Advisement of Rights, Waiver and Plea Form, filed March 6, 2020 7 (Exhibit C) 8 Certified Sentencing Transcript containing the Order of Sentence dated May 11, 9 2023 (Exhibit D) 10 I make the aforementioned declaration under penalty of perjury. This declaration was executed on September 7, 2023, at Santa Rosa 12 J Natasha E. erg 14 15 16 17 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF NATASHA E. BERG IN SVPPORT OF PLAINTIFFS'IL 7 of 91 EXHIBIT A FILED I JILL R RAUITCH //129787 2I8 District Attorney, County of Sonoma SUPERIOR Javier Vaca, 8240201 COUNTY Deputy District Attorney BY DEPUTY CORK 3 600 Administration Dr, Room 212J Santa Rosa, CA 95403 4 Telephone: (707) 565-2311 Attorney for the People IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA 10 THE PEOPLE OF THF. STATE OF COURT CASE NO. 11 CALIFORNIA Plaintiff, FELONY COMPLAINT 12 Section(s) PC288.7(b), PC288.7(b), PC288(b)(1), PC288(a), vs. PC288(a), PC288(a), 13 PC288(b)( I) 14 MARK ZAPATA MARTINEZ DA CASE NO. 0953105 DO)3: 04/23/1965 ID NO. 659768 16 Defendant. Appearance Date: October 5, 2018 17 18 19 The District Attorney of the County of Sonoma, State of California, hereby accuses the 20 above named defendant of the following criminal offenses: 21 22 COUNT 1 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of 24 California, the crime of Oral Copulation Or Sexual Penetration With Child 10 Years Old Or 25 Younger in violation of PC288,7(b), a Felony, was committed in that MARK ZAPATA 26 MARTINEZ being a person 18 years of age and older, did engage in oral copulation, with JANE 27 28 PAGE- 1- FELONY COMPLAINT DOE 81, a child who was 10 years of age and younger. NOTICE: Conviction of this offense will I require the court to order you to submit to a blood test for evidence of antibodies to the probable 3 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 4 NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Thc above offense is a serious felony within the 6 meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code 7 Section 667.5(c) NOTICE: The above offense is a serious felony within the meaning of Penal Code 8 section 1192.7(c). 10 COUNT2 12 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of Old Or California, the crime of Oral Copulation Or Sexual Penetration With Child 10 Years 14 Younger in violation of PC288.7(b), a Felony, was committed in that MARK ZAPATA 15 MARTINEZ being a person 18 years of age and older, did engage in sexual penetration, as defined 16 in Penal Code Section 289, with JANE DOE gl, a child who was 10 years of age and younger. 17 NOTICE: Conviction of this olfense will require the court to order you to submit to a blood test for 18 evidence of antibodies to the probable causauve agent of Acquired Immune Deficiency Syndrome 20 (AIDS). Penal Code Section 1202.1. NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: The 22 above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent 23 felony within the meaning of Penal Code Section 667.5(c) NOTICE: The above offense is a serious 24 felony within the meaning of Penal Code section 1192.7(c). 25 26 27 28 PAGE-2- FELONY COMPLAINT COUNT3 2 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of 3 California, the crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was 4 committed in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a 5 lewd and lascivious act upon and with the body and certain parts and members thereof of JANE 6 DOE ¹I, a child under the age of fourteen years, to wit, victim's hand to defendant's penis, with the 7 intent of arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said 8 Defendant, MARK ZAPATA MARTINEZ and the said child, by use of force, violence, duress, 9 menace, and threat of great bodily harm. NOTICFc The above offense is a serious felony within the 11 meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction ol'his offense will require you to register pursuant to Penal 13 Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 14 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. 15 Penal Code Section 11167 and 11! 67.5 limit access to a SCAR. A protective order issued by a 16 court is necessary to obtain a copy of the report. NOTICE; Conviction of this olTense will 17 Ig require the court to order you to submit to a blood test for evidence of antibodies to the probable 19 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.I. 20 21 COUNT4 22 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of 23 California, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed 24 in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and 25 lascivious act upon and with the body and certain parts and members thereof of JANE DOE ¹I, a 27 child under the age of fourteen years, to wit, defendant's hand to victim's vagina, with the intent of PAGE - 3- FELONY COMPLAINT arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA MARTINEZ and the said child. NOTICE: Conviction of this offense will require 3 you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: 4 Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may 5 have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A 6 protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above 7 offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony 8 within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will 10 require the court to order you to submit to a blood test for evidence of antibodies to the probable 11 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 12 13 COUNT5 14 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of 15 California, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed 16 in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and 17 lascivious act upon and with the body and certain parts and members thereof of JANE DOE 8 I, a 19 child under the age of fourteen years, to wit, defendant's hand to victim's butt, with the intent of 20 arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA MARTINEZ and the said child. NOTICE: Conviction of this offense will require 22 you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: 23 Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may 24 have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above 27 offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony 28 PAGE -4- FELONY COMPLAINT within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will I require the court to order you to submit to a blood test for evidence of antibodies to the probable 3 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. COUNT6 6 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of 7 Cali(ernie, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed 8 in that MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and 9 lascivious act upon and with the body and certain parts and members thereof of JANE DOE II I, a child under the age of fourteen years, to wit, defendant's hand to victim's chest, with the intent of 12 arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA MARTINEZ and the said child. NOTICE; Conviction of this offense will require 14 you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: 15 Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may 16 have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A 17 protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above 19 offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony 20 within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will 21 require the court to order you to submit to a blood test for evidence of antibodies to the probable 22 causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 23 24 COUNT7 25 On or between May I, 2018 and June 25, 2018, in the County of Sonoma, State of 26 27 California, the crime of Forcible Lewd Act Upon Child in violation of PC28 8(b)( I ), a Felony, was PAGE-5- FELONY COMPLAINT committed in that MARK ZAPATA MARTINEZ did wi! Ifully, unlawfully, and lewdly commit a I lewd and lascivious act upon and with the body and certain parts and members thereof of JANE 3 DOE JI2, a child under the age of fourteen years, to wit, defendant's hand to victim's vagina, with 4 the intent of arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said 5 Defendant, MARK ZAPATA MARTINEZ and the said child, by use of force, violence, duress, 6 menace, and threat of great bodily harm. NOTICE: Thc above offense is a serious felony within the 7 meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code 8 Section 667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal Code Section ! 1167 and 11167.5 limit access to a SCAR. A protective order issued by a 13 court is necessary to obtain a copy of the report. NOTICE: Conviction of this offense will 14 require the court to order you to submit to a blood test for evidence of antibodies to the probable 15 causative agent of Acquired immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 16 17 18 19 NOTICE: Conviction for these offenses may require you to provide specimens and samples 20 pursuant to Penal Code Section 296 if you are convicted of a felony offense or have a prior qualifying offense in your criminal background. Willful refusal to provide the specimens and samples is a crime. 23 24 NOTICE: PURSUANT TO PENAL CODE SECTION 29810(a)(1) 25 NOTICE: Conviction of this offense will require you to relinquish all firearms you own, 26 possess, or have under your custody or control in the manner provided in Penal Code section 29810. 27 28 PAGE-6- FELONy COMPLAINT I NOTICE: PURSUANT TO PENAL CODE SECTION 29810(a)(2) 2 NOTICE: Conviction of this offense will prohibit you from owning, purchasing, receiving, 3 possessing, or having under your custody or control any firearms, ammunition, and ammunition 4 feeding devices, including but not limited to magazines. 6 MARSY'S LAW 7 Information contained in the reports being distributed as discovery in this case may contain 8 confidential information protected by Marsy's Law and the amendments to the State of California 9 Constitution Section 28. Any victim(s) in any above referenced charge(s) is entitled to be safe and 10 free from intimidation, harassment, and abuse. The defendant(s), de(ense counsel, and any other 11 person acting on behalf of the defendant(s) is admonished not to use any information contained in 12 the reports to locate or harass any victim or the victim(s)s'amily and to not disclose any 13 information that is otherwise privileged and confidential by law. Additionally, it is a misdemeanor 14 violation of Penal Code Section 1054.2(a)(3) to disclose the address and telephone number of a 15 victim or witness to a defendant, defendant's family member, or anyone else. Note exceptions 16 provided in Penal Code Section 1054.2(a)(l) and (2). 17 Discovery Request: Pursuant to Penal Code Section 1054.5(b), the People are hereby 18 informally requesting that defense counsel provide discovery to the people as required by Penn! 19 Code Section 1054.3. 20 Complainant therefore prays that a warrant issue and that said defendant be dealt with 21 according to law. I declare under penalty of perjury under the laws of the State of California, based 22 on information and belief, that the foregoing is true and correct. 23 24 25 26 27 28 PAGE - 7- FELONY COMPLAINT I Dated: October 3, 2018 JILL R. ITCH DISTRI TTO By: JAVIER V CA u DEPUTY ISTRICT ATTORNEY 10 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE- 8- FELONY COMPLAINT +**IN CUSTODY*** [ ] It appearing that the offense(s) of in the complaint has been committed and there is sufficient cause to believe the defendant guilty, I order that he be held to answer to the Superior Court. It is further ordered that he , be committed to the Sheriff of the County of Sonoma, and be held in custody until bail is posted in the amount of ($ ) dollars. *'+OUT OF CUSTODY*** [ ) It appearing that the offense(s) of in the complaint has been committed and there is sui5cient cause to believe the defendant guilty, I order that he be held to answer to the Superior Court The defendant remains released as follows: [ ] Own Recognizance [ ] Supervised Own Recognizance [ ] Cited to Appear [ ] CashBailintheamountof$ having been posted [ ] Bail BondP m the amount of $ remains in full force and effect, Judge of the Superior Court Dated EXHIBIT B 1 JILL R. RAVITCH, ¹129?87 District Attorney, County of Sonoma F I LE 9 ~ 2 Leslie Sutori, ¹294808 Deputy District Attorney 3 600 Administration Dr, Room 212J JUL 022D)9 Santa Rosa, CA 95403 svneleR couRT cs 4 Telephone: (707) 565-2311 5 Attorney forthe People s . WL Y cspgrr crssx IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA 10 11 THE PEOPLE OF THE STATE OF COURT CASE NO. SCR72071?-1 CALIFORNIA Secbon(s) PC288.? Ib} PC288(b)(1), 12 Plaintiff, 13 vs. PC288{a, PC288{a), C288(b)(1) 14 INFORINATION MARK ZAPATA MARTINEZ DA CASE NO. 0953105 DOS: 04/23/1 965 ID NO. 659768 17 18 Defendant. Appearance Date:July 9, 2019 The District Attorney of the County of Sonoma, State of California, by this INFORMATION accuses the above named defendant of the following criminal offenses: 22 23 COUNT 1 24 On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the crime of Oral Copulation Or Sexual Penetration With Child 10 Years Old Or 26 Younger in violation of PC288.7(b), a Felony, was committed in that MARK ZAPATA 27 MARTINEZ being a person 18 years of age and older, did engage in oral copulation as 28 PAGE-1- INFORMATION defined in Penal Code Section 288a, with JANE DOE ¹1, a child who was 10 years of age and younger. NOTICE: Conviction of this offense will require the court to order you to 3 submit to a blood test for evidence of antibodies to the probable causative agent of 4 Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 280. 6 Willful failure to register is a crime. NOTICE: The above offense is a serious felony within 7 the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of 8 Penal Code Section 667.5(c) NOTICE: The above offense is a serious felony within the 10 meaning of Penal Code section 1192.7(c). COUNT2 On or about April I, 2018 to June 25, 2018 in thc County of Sonoma, State of California, the crime 13 of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in that 14 MARK ZAPATA MAR'17NEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious 15 act upon and with the body and certain parts and members thereof of JANE DOE ¹I, a child under 16 the age of fourteen years, to wit, oral copulation, with the intent of arousing, appealing to, and gatifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA 19 MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 21 667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code 22 section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166 23 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective order issued by a court is 26 necessary to obtain a copy of the report. 27 28 PAGE-2- INFORMATION ENHANCEMENT 1 2 PC667.61(j)(2): Special Allegation-Sex Crimes Aggravating Circumstances , 3 It is further alleged, as to Count 2 within the meaning of Penal Code sections 667.16(j)(2) aud (e), 4 that the victim in the above offense was a child under 14 years of age and that the following 5 circumstance applies:Multiple Vtctizns. 6 COUNT 3 7 On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of 8 California, the crime of Oral Copulation Or Sexual Penetration ytfith Child 10 Years Old Or 10 Younger in violation of PC288.7(b), a Felony, was committed in that MARK ZAPATA 11 MARTINEZ being a person 18 years of age and older, did engage in sexual penetration, as defined in Penal Code Section 289, with JANE DOE 8II, a child who was 10 years of 13 age and younger. NOTICE: Conviction of this offense will require the court to order you to 14 submit to a blood test for evidence of antibodies to the probable causative agent of 15 Acquired immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. NOTICE: 16 Conviction of this offense will require you to register pursuant to Penal Code section 290. 18 WiNul failure to register is a crime. NOTICE: The above offense is a serious felony within 19 the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c) NOTlCE: The above offense is a serious felony within the 2'I meaning of Penal Code section 1192.7(c). 22 COUNT 4 23 On or about April I, 2018 to June 25, 2018 in the County of Sonoma, State of California, the crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in that 26 MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon and with the body and certain parts and members thereof of JANF, DOE N, a child under 28 PAGE-3- INFORMATION the age of fourteen years, to wit: sexual penetration, with the intent of amusing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA 3 MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning 4 of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 5 667,5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code 6 section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166 7 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. Penal 8 Code Section I I I 67 and 1 I I 67.5 limit access to a SCAR. A pmtective order issued by a court is 9 10 necessary to obtain a copy of the report. 12 ENHANCEMEhK I 13 PC667.61Q)(2): Special Allegation-Sex Crimes Aggravating Circumstances 14 It is further alleged, as to Count 4 within the meaning of Penal Code sections 667.16(j)(2) snd (e), 15 that the victim in the above offense was a child under 14 years of age and that the following 16 circumstance applies:Multiple Victim $7 COUNT 5 19 On or about April I, 2018 to June 25, 2018 in the County of Sonoma, State of California, the crime of Forcible Lewd Act Upon Child in violation of PC288(b)(l), a Felony, was committed in that 21 MARK ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious 22 act upon and with the body and certain parts and members thereof of JANE DOE gl, a child under 23 thc age of fourteen years, to wit: grabbing her vagina, with the intent of arousing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA 26 MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within thc meaning of Penal Code Section 28 PAGE-4- INFORMATION 667.5(c) NOTICE: Conviction of this offense will require you to regisuu pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166 3 snd 11168, a Suspected Child Abuse Repozt (SCAR) may have been generated in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is 5 necessary to obtain a copy of the report. NOTICE: Conviction of this offense will require the court 6 to order you to submit to a blood test for evidence of antibodies to the probable causative agent of 7 Acquired Immune De6ciency Syndrome (AIDS). Penal Code Section 1202.1, 8 10 ENHANCEMENT I 11 pC667.61(j)(2): Special Allegation-Sex C'rimes Aggravating Circumstances It is fuzther alleged, as to Count 5 within the meaning of Penal Code sections 667.16(j)(2) snd (e), 13 that the victim in the above offense was a child under 14 years of age and that the following 14 circumstance applies: 15 COUNT 6 16 On or between April I, 2018 and June 25, 2018, in the County of Sonoma, State of California, the 10 20 that ~ crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd snd lascivious act upon and with the body and certain parts and members thereof of JANE DOE ¹I, a 21 child under the age of fourteen years, to wit: victim's hand to defendant's penis, with the intact of 22 amusing, appealing to, and gratifying the lust, passions, and sexual desires of the said Defendant, 23 MARK ZAPATA MARTINEZ, by use of force. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of 26 Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to 28 PAGE-5- INFORMATION Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been genemted in this case. Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective 3 order issued by a court is necessary to obtain a copy of the report. NOTICE: Conviction of this 4 offense will require the court to order you to submit to a blood test for evidence of antibodies to the 5 probable causative agent of Acquired Immune Deffciency Syndrome (AIDS). Penal Code Section 6 1202.1. 7 10 PC667.61(j)(2):. Special Allegation-Sex Crimes Aggmvating Circumstances 11 It is further alleged, Count 6 within the meaning of Penal Code sections 667.16(j)(2) and (e), that the victim in the above offense was a child undec 14 years of age and that the following 13 circumstance appHes:Multiple Victim. 14 COUNT 7 15 On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the 16 crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed in that MARK 18 ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon 10 and with the body and certain parts and members thereof of JANE DOE gl, a chBd under the age of fourteen years, to wit, defendant's hand to victim's vagina, with the intent of arousing, appealing to, 21 snd ratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA 22 MARTINEZ. NOTICE: Conviction of this offense will require you to register pursuant to Penal 23 Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. 26 Penal Code Section 11167 and 11167.5 limit access to a SCAR. A protective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above offense is a serious felony within 28 PAGE-6- INFORMATION the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require the court to order you to 3 submit to a blood test for evidence of antibodies to the probable causative agent of Acquired 4 Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 5 ENHANCEMENT 1 7 PC667.61(j)(2): Special Allegation-Sex Crimes Aggravating Circumstances 8 It is further alleged, Count 7 within the meaning of Peruti Code sections 667.16(j)(2) aud (e), that 10 the victim in the above offense was a child under 14 years of age and that the following 11 circumstance appfies:Multiple Victim. 12 COUNT 8 13 On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the 14 crime of Lewd Act Upon A Child m violation of PC288(a), a Felony, was committed in that MARK 15 ZAPATA MARTINEZ did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon 16 and with the body and certain parts and members thereof of JANE DOE gl, a child under the age of 18 fourteen years, to wit: defendant's hand to victim's butt with the intent of amusing, appealing to, 18 aud gratifying the lust, passions, and sexual desires of the said Defendant, MARK ZAPATA MARTINEZ. NOTICE: Conviction of this offense will require you to register pmsuant to Penal 21 Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 22 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. 23 Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective order issued by a court is necessary to obtain a copy of the report. NOTICE: The above offense is a serious felony within 26 the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require the court to order you to 28 PAGE-7- INFORMATION submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section i202.1. ENHANCEMENT I 5 PC667.61(j)(2): Special Allegation-Sex Crimes Aggravating Circumstances 6 It is further alleged, Count 8 within the meaning of Penal Code sections 667.16(j)(2) and (e), that 7 the victim in the above offense was a child under 14 years of age and that the following 8 ce applies:Multiple Victim. 10 COUNT 9 'I 'I On or between April 1, 2018 and June 25, 2018, in the County of Sonoma, State of California, the crime of Lewd Act Upon A Child in violation of PC288(a), a Felony, was committed in that MARK 13 ZAPATA MARTINEZ did willfully, unlawfully„and lewdly conuuit a lewd and lascivious act upon 14 and with the body and certain parts and members thereof of JANE DOE 81, a child under the age of 15 16 17 1 8 and gratifying the lust, passions, and sexual desires of the said Defendant, ~ fomteen years, to wit, defendant's hand to victim's chest with the intent of arousing, appealing to, ZAPATA MARTINEZ . NOTICE: Conviction of this offense will require you to register pursuant to Penal 10 Code section 290. Willful failure to register is a crime. NOTICE: Pursuant to Penal Code Sections 11166 and 11168, a Suspected Child Abuse Report (SCAR) may have been generated in this case. 21 Penal Code Section 11167 and 11167.5 limit access to a SCAR. A pmtective order issued by a court 22 is necessary to obtain a copy of the report. NOTICE: The above offense is a serious felony within 23 the meaning of Penal Code Section 1192.7(c) snd a violent felony within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense viill require the court to order you to 26 submit to a blood test for evidence of antibodies to the probable causative agent of Acquired 27 Immune Deficiency Syndmme (AIDS). Penal Code Section 1202.1. 28 PAGE-8- INFORMATION ENHANCEMEhK I 3 PC667.61(j)(2): Special AHegation-Sex Crimes Aggravating Circumstances 4 It is further alleged, Count 9 within the meaning of Penal Code sections 667.16(j)(2) and {e), that 5 the victim in the above offense was a child under 14 years of age and that the following 6 circumstance applies: Multiple Victim 7 COUNT 10 8 On or between April I, 2018 and June 25, 2018, in the County of Sonoma, State of California, the 10 cdme of Forcible Lewd Act Upon Child in violation of PC2$ 8(b){l), a Felony, was committed in 11 that MARK ZAPATA MARTINEZ did wififuHy, unlawfully, and IewrHy commit a lewd snd lascivious act upon and with the body and certain parts and members thereof of JANE DOE g2, a 13 child under the age of fourteen years, to wit, defendants hand to victim's vagina, with the intent of 14 amusing, appealing to, and ratifying the lust, passions, and sexual desires of the said Defendant, 15 MARK ZAPATA MARTINEZ and the said child, by use of force. NOTICE: The above offense is a 16 serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within thc meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require you to 19 register pursuant to Penal Code section 290. Willful fafiure to register is a crime. NOTICE: Conviction ofthis offense wiH require the court to order you to submit to a blood test for evidence 21 of antibodies to the probable causative agent of Acquired Immune Deficiency Syndmme (AIDS). 22 Penal Code Section 1202.1. 23 24 25 ENHANCEMENT 1 26 PC667.61(j)(2): Special AHegation-Sex Crimes Aggravating Circumstances 28 PAGE-9- INFORMATION It is further alleged, Count 10 within the meaning of Penal Code sections 667.16(i)(2) and (e), that the victim in the above offense was a child under 14 years of age snd that the following 3 circumstance applies Multiple Victim. 5 NOTICE: Conviction for these offenses may require you to provide specimens and 6 samples pursuant to Penal Code Section 296 if you are convicted of a felony offense 7 or have a prior qualifying offense in your criminal background. Willful refusal to 8 provide the specimens and samples is a crime. 9 10 Contrary to the form, force and effect of that Statute in such case made and 11 provided and against the peace and dignity of the People of the State of California. 12 Dated: July 2, 2019 13 15 16 8 LE SLKBtPORV 4 DEPUTY DISTRICT ATTORNEY 18 19 20 21 23 24 25 26 27 28 PAGE-10- INFORMATION EXHIBIT C SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA EFqrforgr vs)min~ Plaintiff: PEOPLE OF THE STATE OF CALIFORNIA Defendant: (; c t-'6 7 ~ Q:~ix ~C"~ r v=~ Date of Birth: (-t i 7 FELONY ADVISEMENT OF RIGHTS, WAIVER, AND PLEA INSTRVCTIOhfS ~/ VY~sr1l( imii i ihe box for each applicable item only if you understand ii, and sign and date ihe form on page p3. if you have questions I about your case, ihe passible sentences, or the informs!ion on lhe ferni, ask your airqmey or the judge. As the defendant in the above entitled case, l personally declare the following: 1. My name and date of birth as listed above are complete, true, and correct. 2. i am not currently under the influence of anything that impairs my ability to understand these proceedings, 3. i understand that i am pleading GUIL / NO CONTEST d admitting the following offense(s), special punishment af legation(s), enhancement{s ction(s), carrying the possible penalties as follows: Ku nun~aFVtKBTKA small~ P. C .~ 5%i - I - riCC~ C c~~. (L -O'.. / R~(C) MAXIMUM TOTAL PUNISHMENT I ~Q + (~ ~ (tQ 4. Open Plea - i understand that there is no agreement or indication as to the sentence l will receive on this matter. l could be sentenced up to the maximum penalty as stated above. 5. Indicated Sentence - i understand that, although the Court has indicated a sentence, there is no !8 agreement read the with considered and District Attorney's Office and the Court wilt not decide what my sentence will be until it has a report from the Probabon Department. 6. 1192.5 PC Negotiated Disposition - I am entenng into an agreement with the Distnct Attorney's Office. Pursuant to this agreement, l am pleading guilty/no contest as stated above. ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM - FELONIES Page I of 4 7. My plea(s) are conditianed on receiving the following consideration as to sentence: Probation will be denied imposition of Judgment suspended Probation vnll be granted P f To be determined by the Court Sentence imposed and execution of sentence suspended g] Custody Term will be for the stipulated term of ~) Iunderstand that if the Coun declines to accept the negotiated disposition, I may withdraw my plea(s) of gwity/no contest, reenter my not guilty pleas and go to tnal on ag counts as onginally charged. I understand the Following charges will be dismissed: I understand the Court can consider the dismissed charges in determining the appropriate sentence m my case and in ordering restitution to the victim(s) of the dismissed charges. CONSTITUTIONAL RIGHTS 8. RIGHT TO A TRIAL - I understand that I am entitled to a speedy and pubkc tnal by court or by Jury as to all charges, allegations, enhancements, and prior convictions. 9. RIGHT TO CONFRONT AND CROSS EXAflINE WITFIESSES - I understand I have the right to see, hear, and question an vntnesses who would testify against me at trial. 10. PIGHT TO PRESENT EVIDENCE - I understand I hav" the nght to present evidence m defense of the charges. 11. RIGHT TO SUBPOENA V/ITNESSES - I understar d I have the right to have the Court order my mtnesses to attend my trial at no expense to me. 12. RIGHT AGAINST SELF INCRIMINATION - I understand I have the nght to re