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`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF COLUMBIA
`
`STATE OF OREGON,
`
`Plaintiff,
`
`vs.
`RICHARD JOHN CHENEY,
`Defendant.
`
`)
`
`I
`i
`i
`i
`
`Case No. 13-1005 - Count 1
`D.A. File No. 1.03 24389
`JUDGMENT - FELONY
`
`Dated: February 12, 2013
`
`Presiding: Steven B. Reed
`Circuit Court Judge
`
`Appearing: Dale L. Anderson
`Chief Deputy District Attorney
`
`Thomas Freedman, Jr.
`Defense Counsel
`
`Richard John Cheney
`In Custody
`
`Purpose: No Contest Plea and Sentencing
`
`The above entitled matter come regular before the Court upon the representation of the
`
`parties that defendant was prepared to enter a No Contest plea to Count 1, Unlawful Delivery of
`
`Methamphetamine, Substantial Quantity and be sentenced; the Court inquired of the defendant if
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`he wished to change his plea to No Contest to Count 1 and the defendant replied that he did and
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`defendant then pleaded No Contest; the Court questioned the defendant and determined that the
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`change of plea was being made freely, knowingly, and voluntarily in all respects; the Court
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`inquired of the State if there was a factual basis for the plea; upon hearing the statement from the
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`State the Court found there is a factual basis for defendant's No Contest plea; the Court heard
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`statements from counsel regarding the sentence and offered the defendant an opportunity to make
`
`R. STEPHEN ATCHISON
`District Altorrreyfor Columbia County
`323 County Courthouse, St. Helens, OR 97051
`503-397-0300 - Fax 503-397-2760
`
`Page I
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`U1
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`_,__4VerifiedCorrectCopyofOriginal7/29/2015!—'G‘CD06‘-4ON-l>-DJl\.)
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`C>\DOO---JONLH-I2-La~Jl\J
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`IND |—I
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`[0DJ
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`24
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`25
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`26
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`a statement in his own behalf and at the conclusion thereof the Court being fully advised in the
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`premises:
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`IT IS THEREFORE ORDERED that defendant's plea of No Contest to Count 1,
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`Unlawful Delivery of Methamphetamine, Substantial Quantity shall be received and entered of
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`record herein; and
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`IT IS FURTHER ORDERED that defendant's grid block is 8E and the Court orders that
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`the defendant shall be committed to the legal and physical custody of the Oregon State
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`Corrections Division for a period of 25 months with three years of Post Prison Supervision; and
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`IT IS FURTHER ORDERED that defendant shall be eligible for earned time/good time
`
`credits under ORS 421.121(l)(a) and shall receive credit for time served from December 29,
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`2012; and
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`IT IS FURTHER ORDERED that defendant shall not be eligible for other ORS 421.121
`
`programs or for AIP or for release under ORS 421.508(4); and
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`IT IS FURTHER ORDERED that the Court recommends that defendant be allowed
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`contact with Michelle Smith while incarcerated in the Columbia County Jail and Oregon State
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`Corrections Division; and
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`IT IS FURTHER ORDERED that upon release to the Post Prison Supervisor the Court
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`recommends that defendant be allowed contact with Michelle Smith if she has completed any
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`substance abuse program that was recommended for her; and
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`IT IS FURTHER ORDERED that Counts 2, 3, 4, 5, 6, 7, and 8 are dismissed; and
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`IT IS FURTHER ORDERED that the Columbia County Sheriff shall transport defendant
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`to the Oregon State Corrections Division; and
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`IT IS FURTHER ORDERED that defendant shall pay the amounts in the money award.
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`DATED:
`
`this 4 3 day ofFebrua1y, 2013.
`
`teven B. Reed, Circuit Co rt Judge
`
`.1
`
`R. STEPHEN ATCHISON
`Dfsrrici Arrarneyfor Columbia County
`328 County Courthouse, St. Helens, OR 97051
`503-397-0300 ' Fax 503-397-2760
`
`P3g6 2
`
`
`
`
`
`MONEY AWARD
`JUDGMENT CREDITOR: State of Oregon
`
`.
`
`. Case No. 13-1005 ct 1
`JUDGMENT DEBTOR: Richard John Cheney
`
`DEFENDANT IS ORDERED TO PAY:
`
`-
`III Fgstitution Joint and Several Liability with:
`(‘I
`CI Eiestitution
`El Compensatory Fine
`in favor of the person(s) listed below:
`ti‘
`Nalfiez
`Adfiiessc
`Na@e:
`Adtfiess:
`FlN§
`g
`5
`‘U
`0
`a
`E
`I] S I
`
`elony minimum 5200 El Misdemeanor minimum $100
`Methamphetamine -— manufacture or manufacture with 1000’ of school minimum $1000
`D Methamphetamine — delivery or delivery within 1000’ of school minimum $500
`IMPO
`SUSPENDED
`5 $0
`5
`
`€———-tr
`
`29:49
`
`of fine suspended on successful completion of
`
`
`
`AMOUNT DUE
`
`S
`
`S
`
`
`
`CI REIMBURSE ATTORNEY FEES
`
`E3. DUI! Conviction Fee (5255)
`
`CI PRIOR FINANCIAL OBLIGATIONS CONTINUED:
`
`EIPROB VIOLATION ASMT (525)
`
`CI BENCH PROBATION FEE (5100)
`
`S
`
`s
`
`S
`
`S
`
`$
`(Less Contrib. Amt)
`
`$
`
`S
`
`S
`
`
`
`Cl
`
`E] Restitution shall be paid before fines and assessments.
`
`TOTAL OBLIGATION [this Charge]
`
`5
`
`$
`
`S
`
`$
`
`$
`
`5
`
`5
`
`Defendant is ordered to comply with the terms of the Money award, report to the court accounting counter and to comply with directions
`of the court collection staff. All financial obligations are due in full today.
`
`IT IS FURTHER ORDERED if Defendant is approved by the court collection staff to make payments, the payments are to be received by the
`court on or before the datels) established.
`if the defendant is unable to make the payment, the defendant shall submit a request in writing
`to modify the payment schedule and the reasons why. Request must be received by the court prior to the payment due date. Defendant
`will keep court advised of current mailing address until this moneyjudgment is paid in full. The court may increase the total amount owed
`by adding collection fees and other assessments. These fees and assessments may be added without further notice to the defendant and-
`without further order ofthe court. No collection fee will be added if obligation is paid within thirty (30) days of the entry ofjudgment.
`
`Subject to amendment of a judgment under ORS 137.107, money required to be paid as a condition of probation remains payable after
`revocation of probation only if the amount is included in the money award portion of the judgment document, even if the amount is
`referred to in other parts of the judgment document.
`
`IT IS FURTHER ORDERED that:
`
`Cl Security Bond exonerated” ‘
`’
`’
`-
`III Bail/Security Release: D to be disfributedasfollbws:-.
`
`’
`
`CI to be applied to Financial Obligations in Case(s}:
`'
`‘
`‘7
`J
`i
`Payment of the fines, fees, assessments, restitution and/or attorney's fees noted above-shall be made payable to the Trial Court
`Administrator as follows: Mai! payments to: 230 Strand St, St Helens, OR 97051 i:_ _
`'
`"
`
`12/2013
`
`
`
`
`
` Money Award Revised 2/1/12
`Steven B. Reed, Circuit Court] dge
`
`Page
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`of
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`
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`‘VerifiedCorrectCopyofOriginal7/29/2015;
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` District Attorney
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`Jail I Sheriff
`
`
`DOC - Dept. of Corrections
`D Juvenile Dam.
`PH I Attorney
` [J
`Def IAfio§E'
`Treatment
`Probation
`
`SVEU — Victims Unit
`
`
`J4
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`
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`
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`gVe1ifiedCorrectCopyofOriginal7/29/2015,
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`0
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`0
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`CERTIFICATE OF SERVICE
`
`I hereby certify that I served the foregoing Judgment - Felony in the matter of the State of
`Oregon vs. Richard John Cheney, Case No. 13-1005 in the County of Columbia on:
`
`Thomas Freedman
`
`Attorney at Law
`312 NW 10th Avenue, #210
`Portland, OR 97209
`
`email:
`
`thomas@prllaw.com Fax: 503-467-7258
`
`by the following indicated method or methods:
`
`by mailing full, true and correct copies thereof, certified by me as such, contained in a
`sealed, first class postage prepaid envelope, addressed to said attorney shown above at the
`last known address, and deposited in the post office at St.I-Ielens, Oregon on the date set
`forth below.
`
`by causing full, true and correct copies thereof, certified by me as such, to be personally
`delivered to and leaving with the attorney at the attorney's last known office address listed
`above, on the date set forth below.
`
`by sending full, true and correct copies thereof, certified by me as such, via overnight
`courier in sealed, prepaid envelopes, addressed as shown to the attorney above, at the last
`known office address of the attorney, on the date set forth below.
`
`X. by means of a telephone facsimile communication device to the fax number
`shown above, of the attorney referenced above, which facsimile
`communication device is maintained by the attorney referenced above and was
`operating at the time of service, which facsimile service was made on the date
`set forth below .
`
`by leaving in a receptacle designated for defense counsel pickup.
`
`TRUE COPY
`
`I hereby certify that the foregoing copy of this Judgment - Felony is a
`complete and exact copy of the original.
`
`DATED this 13th day of February,
`
`Dale L. Anderson, oss #74014
`Chief Deputy District Attorney
`
`