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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:
Springfield, Greene County, MO - The State of Missouri charged Michael L. Fontana with forgery in violation of RSMo 570.090:





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
Outcome:
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
Plaintiff's Experts:
Defendant's Experts:
Comments:

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.