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State of Missouri v. Michael L. Fontana
Date: 11-30-2012
Case Number: 1231-CR0009
Judge: Thomas E. Mountjoy
Court: 31st Judicial Circuit Court, Greene County, Missouri
Plaintiff's Attorney: Monroe
Defendant's Attorney: David Bryan Smith
Description: Forgery { Felony C RSMo: 570.090 }
Date: 12/10/2011 Code: 1801000 Disposition: Guilty Plea - 11/30/2012
OCN: E2096379 Arresting Agency: SPRINGFIELD PD
Sentence
Sentence: Incarceration DOC
Sentence Date: 06/19/2013 Start Date: 06/19/2013 Length: 10 Years
Text: 10 YRS DOC; DEFT IS COMMITTED TO LONG TERM DRUG TREATMENT UNDER SECTION 217.362; DEFT IS A PRIOR AND PERSISTENT OFFENDER
Facility Name: SHOCK INCARCERATION Agency: DEPARTMENT OF CORRECTIONS
Classification: REPORT ORDERED
Outcome: Release Granted
Start Date: 06/19/2013 Assigned Length: 2 Years Completed Date: 11/14/2013
Sentence (Suspended Execution of Sentence)
Sentence: Incarceration DOC (Suspended Execution of Sentence)
Sentence Date: 11/14/2013 Start Date: 12/30/2013 Length: 10 Years
Text: DEFT RELEASED UNDER SECTION 217.362 ON 5 YRS PROBATION EFFECTIVE 12/30/13
Facility Name: PROBATION Agency: MISSOURI BOARD OF PROBATION & PAROLE
Classification: SUPERVISED
Start Date: 12/30/2013 Assigned Length: 5 Years
Next Charge/Judgment
Description: Forgery { Felony C RSMo: 570.090 }
Date: 12/14/2011 Code: 1801000 Disposition: Guilty Plea - 11/30/2012
OCN: E2096379 Arresting Agency: SPRINGFIELD PD
Sentence
Sentence: Incarceration DOC
Sentence Date: 06/19/2013 Start Date: 06/19/2013 Length: 10 Years
Text: 10 YRS DOC; DEFT IS COMMITTED TO LONG TERM DRUG TREATMENT UNDER SECTION 217.362; DEFT IS A PRIOR AND PERSISTENT OFFENDER
Facility Name: SHOCK INCARCERATION Agency: DEPARTMENT OF CORRECTIONS
Classification: REPORT ORDERED
Outcome: Release Granted
Start Date: 06/19/2013 Assigned Length: 2 Years Completed Date: 11/14/2013
Sentence (Suspended Execution of Sentence)
Sentence: Incarceration DOC (Suspended Execution of Sentence)
Sentence Date: 11/14/2013 Start Date: 12/30/2013 Length: 10 Years
Text: DEFT RELEASED UNDER SECTION 217.362 ON 5 YRS PROBATION EFFECTIVE 12/30/13
Facility Name: PROBATION Agency: MISSOURI BOARD OF PROBATION & PAROLE
Classification: SUPERVISED
Start Date: 12/30/2013 Assigned Length: 5 Years
RSMo 570.090 provides:
570.090. 1. A person commits the offense of forgery if, with the purpose to defraud, the person:
(1) Makes, completes, alters or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority; or
(2) Erases, obliterates or destroys any writing; or
(3) Makes or alters anything other than a writing, including receipts and universal product codes, so that it purports to have a genuineness, antiquity, rarity, ownership or authorship which it does not possess; or
(4) Uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing including receipts and universal product codes, which the person knows has been made or altered in the manner described in this section.
2. The offense of forgery is a class D felony.
(L. 1977 S.B. 60, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491)
Effective 1-01-17
(2013) Prosecution for forgery based on defendant's signature on employment application containing false Social Security number is not preempted by federal immigration law. State v. Diaz-Rey, 397 S.W.3d 5 (Mo.App.E.D.).
Court docket entries for this case:
01/21/2015 Probation Violation Filed
CASE SUMMARY REPORT FINAL DATED 12-31-2014 BY P&P OFFICER NORMA TALIAFERRO ENTERED AND FILED. PDD/kmk/kfm
08/15/2014 Partial Payment
A Payment of -$10.00 was made on receipt 31GR616784, leaving a case total balance of $290.50. /vll
06/20/2014 Partial Payment
A Payment of -$10.00 was made on receipt 31GR600819. LEAVING A CASE TOTAL BALANCE OF $300.50 /SMP
04/16/2014 Partial Payment
A Payment of -$10.00 was made on receipt 31GR580466, LEAVING A CASE TOTAL BALANCE OF $310.50. /VLL
03/24/2014 Partial Payment
A Payment of -$14.64 was made on receipt 31GR572634. PAYMENT RECEIVED FROM DOC,LEAVING A COURT COST BALANCE OF $320.50/NDN
01/10/2014 Case Review Held
COURT WAIVES DEFT'S PROBATION AND PAROLE INTERVENTION FEES WHILE DEFT IS PARTICIPATING IN THE CRISP SECTION (2) COURT. DEFT ORDERED TO PAY $40.00 PER MONTH TO THE CRISP (2) PROGRAM FEES. WHEN DEFT COMPLETES THE REQUIREMENTS OF THE PROGRAM DEFT WILL THEN BEGIN PAYING THE $40.00 INTERVENTION FEES TO PROBATION AND PAROLE. PDD/TEM/KMK
Scheduled For: 01/10/2014; 8:00 AM ; PEGGY D DAVIS; Greene
12/13/2013 Partial Payment
A Payment of -$31.36 was made on receipt 31GR533546. RECEIVED FROM DOC LEAVING A CASE TOTAL BALANCE OF $335.14. /JDS
11/19/2013 Certificate of Mailing
MAILED 2 CERTIFIED COPIES OF ORDER AUTHORIZING RELEASE OF DEFT UNDER SECTION 217.362 AARON JARRETT AT OZARK CORRECTIONAL CENTER. /ACT
Case Review Scheduled
Associated Entries: 01/10/2014 - Case Review Held
Scheduled For: 01/10/2014; 8:00 AM ; PEGGY D DAVIS; Greene
Order for Release
Court reviews report from the Department of Corrections recommending release per section 217.362 and orders Defendant released on or before 12/30/2013 per Long Term Drug Treatment Order of Probation/Special conditions of Probation (attached) entered by the Court and filed herein. Deft placed in CRISP (2) and is to appear in court on 01/10/2014 @ 8:00am. Copy is sent electronically to OCC and the Circuit Clerk is requested to forward Certified copies. TEM/abt
11/14/2013 Defendant Sentenced
DEFT RELEASED UNDER SECTION 217.362 ON 5 YRS PROBATION EFFECTIVE 12/30/13. /ACT
Progress Report Filed
Clerk in receipt of Court Report Investigation from DOC. Same is sent to court for review. /abt
09/04/2013 Judge/Clerk - Note
BOARD BILL ISSUED AND MAILED TO DOC/SLD
08/20/2013 Judge/Clerk - Note
CERTIFICATION OF JAIL TIME AND COST OF INCARCERATION BILLED/SLD
07/05/2013 Judge/Clerk - Note
GJC CERTIFICATION OF JAIL TIME AND COST OF INCARCERATION/kjh
06/19/2013 Judgment Entered
Filed By: MICHAEL LAWRENCE FONTANA
Costs Ordered to Def
Judgment CVC $46 - Other
Filed By: MICHAEL LAWRENCE FONTANA
Defendant Sentenced
10 YRS DOC EA CT; DEFT IS COMMITTED TO LONG TERM DRUG TREATMENT UNDER SECTION 217.362; $46.00 CRIME VICTIMS FEE AND COSTS. AUTHORIZE ADDITIONAL OFFICER - Yes; DELIVER CERTIF COPY OF JUDMT - Yes; CONC/CONS CASE & COUNTY - TO RUN CONCURRENT WITH EACH OTHER AND ANY EXISTING; 24.035/29.15 INEFFECT COUNSEL - No; ALLOCUTION - Yes; OFFENDER CODE - Prior & Persistent Offender; LONG TERM SUB ABUSE 217.362 - Yes. /ACT
Sentencing Hearing Held
State appears by APA Monroe. Deft appears from GCJ with Atty Smith. Arguments heard on sentencing. Sentence and Judgment under Section 217.362 filed herein. Orders as to Assistance of Counsel entered and filed. Deft remanded back to GCJ to await transportation to DOC. Notice of Entry to GCJ. PD's Office granted leave to withdraw. TEM/abt
Scheduled For: 06/19/2013; 2:30 PM ; THOMAS E MOUNTJOY; Greene
06/13/2013 Motion for Habeas Corpus-PR
Application for Writ of Habeas Corpus Ad Prosequedum; Electronic Filing Certificate of Service. /KDG
Filed By: NHAN DUC NGUYEN
Writ of Habeas Corpus Order
06/13/13 ENTERED AND FILED TEM. /KDG Electronic Filing Certificate of Service. /KDG
Filed By: NHAN DUC NGUYEN
05/17/2013 Sentencing Hearing Scheduled
Associated Entries: 05/17/2013 - Hearing Held
Associated Entries: 06/19/2013 - Sentencing Hearing Held
Scheduled For: 06/19/2013; 2:30 PM ; THOMAS E MOUNTJOY; Greene
Hearing Held
APA MCNAIR. DEFT WITH ATTY DAVID SMITH. HEARING HELD, SENTENCING RESET. DEFT TO BE RETURNED TO DOC. JUDGE MOUNTJOY/JP
Scheduled For: 05/17/2013; 1:30 PM ; THOMAS E MOUNTJOY; Greene
Return Service-Writ Served
WRIT OF HABEAS CORPUS RETURNED SERVED BY GCSO 05/16/13. /KDG
02/22/2013 Writ of Habeas Corpus Order
02-19-13 ENTERED AND FILED. TEM/MNM
Motion for Habeas Corpus-PR
/MNM
Filed By: NHAN DUC NGUYEN
02/08/2013 Sentencing Hearing Scheduled
Associated Entries: 05/17/2013 - Hearing Held
Scheduled For: 05/17/2013; 1:30 PM ; THOMAS E MOUNTJOY; Greene
Hearing Continued/Rescheduled
APA TAYLOR. DEFT BY ATTY SMITH. STATE TO WRIT DEFT FROM DOC. SENTENCING SET 5/17/13 AT 1:30PM. JUDGE MOUNTJOY/JP
Hearing Continued From: 02/08/2013; 2:45 PM Sentencing Hearing
12/10/2012 Hearing/Trial Cancelled
Scheduled For: 12/10/2012; 8:30 AM ; THOMAS E MOUNTJOY; Greene
11/30/2012 Sentencing Hearing Scheduled
Associated Entries: 11/30/2012 - Guilty Plea
Associated Entries: 02/08/2013 - Hearing Continued/Rescheduled
Scheduled For: 02/08/2013; 2:45 PM ; THOMAS E MOUNTJOY; Greene
Guilty Plea
APA NGUYEN. DEFT WITH ATTY D. SMITH. DEFT WITHDRAWS NGP AND ENTERS GUILTY PLEA PER JUDGMENT OF CONVICTION ON PLEA OF GUILTY ENTERED AND FILED. SAR ORDERED, SENTENCING SET. DEFT TO BE RETURNED TO DOC. JUDGE MOUNTJOY/JP
Associated Entries: 11/06/2012 - Plea Hearing Scheduled
Associated Entries: 11/30/2012 - Sentencing Hearing Scheduled
Scheduled For: 11/30/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
11/06/2012 Plea Hearing Scheduled
Associated Entries: 11/06/2012 - Pre-Trial Conference Held
Associated Entries: 11/30/2012 - Guilty Plea
Scheduled For: 11/30/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
Pre-Trial Conference Held
State appears by APA Chapman. Deft appears from GCJ with Atty Smith. Plea set 11/30/2012 @ 9:30am. Notice of Entry to GCJ. TEM/abt
Scheduled For: 11/06/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
09/28/2012 Jury Trial Scheduled
Associated Entries: 12/10/2012 - Hearing/Trial Cancelled
Scheduled For: 12/10/2012; 8:30 AM ; THOMAS E MOUNTJOY; Greene
Pre-trial Conference Scheduled
Associated Entries: 11/06/2012 - Pre-Trial Conference Held
Scheduled For: 11/06/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
Hearing/Trial Cancelled
STATE BY APA CASEY CLARK. DEFT IN GCJ. ATTY DAVID SMITH APPEARS. COURT SETS PTC AND JURY TRIAL SETTINGS. TEM/LP
Scheduled For: 09/28/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
08/17/2012 Plea Hearing Scheduled
Associated Entries: 09/28/2012 - Hearing/Trial Cancelled
Scheduled For: 09/28/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
Hearing Continued/Rescheduled
STATE BY APA CASEY CLARK. DEFT W/ATTY DAVID SMITH. COURT RESETS PLEA DATE. DEFT ADMONISHED. TEM/LP
Hearing Continued From: 08/17/2012; 9:30 AM Plea Hearing
07/18/2012 Plea Hearing Scheduled
Associated Entries: 08/17/2012 - Hearing Continued/Rescheduled
Scheduled For: 08/17/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
Pre-Trial Conference Held
STATE BY APA KRISTEN TUOHY. DEFT W/ATTY DAVID SMITH. COURT SETS PLEA HEARING DATE. DEFT ADMONISHED. TEM/LP
Scheduled For: 07/18/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
06/06/2012 Entry of Appearance Filed
Filed By: DAVID BRIAN SMITH
06/01/2012 Pre-trial Conference Scheduled
Associated Entries: 07/18/2012 - Pre-Trial Conference Held
Scheduled For: 07/18/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
Hearing Held
APA NGUYEN. DEFT WITH ATTY MCGEE. PTC SET 7/18/12 AT 9:30AM. ATTY MCGEE GRANTED LEAVE TO WITHDRAW, COURT APPOINTS PD. DEFT ADMONISHED. JUDGE MOUNTJOY/JP
Scheduled For: 06/01/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
05/01/2012 Disposition Hearing Scheduled
Associated Entries: 06/01/2012 - Hearing Held
Scheduled For: 06/01/2012; 9:30 AM ; THOMAS E MOUNTJOY; Greene
Hearing Continued/Rescheduled
Hearing Continued From: 05/01/2012; 2:30 PM Disposition Hearing
04/20/2012 Disposition Hearing Scheduled
Associated Entries: 05/01/2012 - Hearing Continued/Rescheduled
Scheduled For: 05/01/2012; 2:30 PM ; THOMAS E MOUNTJOY; Greene
Arraignment Held
State appears by APA. Deft appears with Atty. Deft waives formal reading and pleads Not Guilty. Pre-Trial Order entered and filed. Next appearance set. Deft admonished on failure to appear. JUDGE HOLDEN ACTING/JP
Scheduled For: 04/20/2012; 8:30 AM ; THOMAS E MOUNTJOY; Greene
04/19/2012 Motion for Disclosure
REQUEST FOR DISCLOSURE BY DEFENDANT WITHOUT COURT ORDER FILED./SDJ
Filed By: NHAN DUC NGUYEN
Information Filed
Filed By: NHAN DUC NGUYEN
04/16/2012 Arraignment Scheduled
Associated Entries: 04/20/2012 - Arraignment Held
Scheduled For: 04/20/2012; 8:30 AM ; THOMAS E MOUNTJOY; Greene
Judge Assigned
Filed By: THOMAS E MOUNTJOY
About This Case
What was the outcome of State of Missouri v. Michael L. Fontana?
The outcome was: 10 YRS DOC EA CT; DEFT IS COMMITTED TO LONG TERM DRUG TREATMENT UNDER SECTION 217.362; $46.00 CRIME VICTIMS FEE AND COSTS. AUTHORIZE ADDITIONAL OFFICER - Yes; DELIVER CERTIF COPY OF JUDMT - Yes; CONC/CONS CASE & COUNTY - TO RUN CONCURRENT WITH EACH OTHER AND ANY EXISTING; 24.035/29.15 INEFFECT COUNSEL - No; ALLOCUTION - Yes; OFFENDER CODE - Prior & Persistent Offender; LONG TERM SUB ABUSE 217.362 - Yes. /ACT
Which court heard State of Missouri v. Michael L. Fontana?
This case was heard in 31st Judicial Circuit Court, Greene County, Missouri, MO. The presiding judge was Thomas E. Mountjoy.
Who were the attorneys in State of Missouri v. Michael L. Fontana?
Plaintiff's attorney: Monroe. Defendant's attorney: David Bryan Smith.
When was State of Missouri v. Michael L. Fontana decided?
This case was decided on November 30, 2012.