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Court

Lovington

New Mexico

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Case Information

Filed 2007-10-04
Docket 170 entries

Parties

Plaintiff State of New Mexico
Defendant Franklin Joseph Oliver
Photo of Hon. Clingman Gary L

Judge

Hon. Clingman Gary L

New Mexico

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Lawyers

Docket Entries

  1. NOTIFICATION OF ARREST
  2. NOTIFICATION OF ARREST -NO SIGNATURE
  3. CLS: ORDER REVOKING PROBATION
  4. JUDGMENT AND SENTENCE /CLINGMAN THE SENTENCE HERETOFORE SUSPENDED BE IMPOSED AND THAT DEFENDANT SERVE THE BALANCE OF 18 MONTHS IN THE DEPARTMENT OF CORRECTIONS, FOLLOWED BY ONE YEAR PAROLE WITH CREDIT FOR A TOTAL OF 321 DAYS SERVED ON PROBATION OR IN CUSTODY
  5. RECORD OF PROBATION VIOLATION PROCEEDINGS
  6. PROBATION VIOLATION ADMISSION PROCEEDING /CLINGMAN
  7. COURT MINUTE/PROCEEDINGS
  8. CLERK'S RECORD OF PROCEEDINGS MOTION TO REVOKE PROBATION ADMIT REVOKE PROBATION REMANDED TO THE PENITENTIARY
  9. TAPE & LOG RECEIPT
  10. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:___OCTOBER 27, 2008_______ No of Disks:_______2 (1 ORIGINAL/1 COPY)__ Time Started:______10:17:00/10:32:50 AM___ Time Finished:_____10:22:05/10:33:06 AM___ Type of Hearing:___ADMISSION / SENTENCE___
  11. NTC: HEARING (CRIMINAL)
  12. MOTION TO REVOKE PROBATION SET FOR 10-27-08 AT 9:00 A.M.
  13. CERTIFICATE OF DISCLOSURE OF INFORMATION
  14. CERTIFICATE OF DISCLOSURE -BISHOP
  15. DEMAND FOR SPEEDY TRIAL
  16. DEMAND FOR TIMELY HEARING -BISHOP
  17. ENTRY OF APPEARANCE
  18. ENTRY OF APPEARANCE AND DEMAND FOR DISCOVERY -BISHOP ON BEHALF OF DEFENDANT
  19. TAPE & LOG RECEIPT
  20. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Jessica Saenz, Official Court Monitor Date of Hearing:__OCTOBER 14, 2008_______ No of Disks:______2 (1 ORIGINAL/1 COPY)__ Time Started:_____9:20:52 AM_____________ Time Finished:____9:22:14 AM_____________ Type of Hearing:__PV_____________________
  21. COURT MINUTE/PROCEEDINGS
  22. CLERK'S RECORD OF PROCEEDINGS PV ARRAIGNMENT STANDS MUTE, NOT GUILTY ENTERED SET FOR 10-27-08
  23. ORD: APPOINTING ATTORNEY
  24. ORDER OF APPOINTMENT /CLINGMAN PUBLIC DEFENDER SHALL REPRESENT THE DEFENDANT IN THIS CASE THE APPLICATION FEE IS REQUIRED
  25. INDIGENCY DETERMINATION
  26. ELIGIBILITY DERTERMINATION FOR INDIGENT DEFENSE SERVICE- FOR DEFENDANT--JOSEPH FRANKLIN
  27. NTC: HEARING (CRIMINAL)
  28. ARRAIGNMENT ON PROBATION VIOLATION SET FOR 10-14-08 AT 9:00 A.M.
  29. WAR: BENCH WARRANT- FAILURE TO APPEAR CANCELED/ QUASHED
  30. DEFENDANT WAS ARRESTED AND TAKEN INTO CUSTODY ON 09-25-08
  31. ORD: TO ISSUE BENCH WARRANT
  32. ORDER /MADDOX FOR CLINGMAN CLERK OF THE DISTRICT COURT PREPARE AND ISSUE A WARRANT FOR THE ARREST OF THE DEFENDANT AND THAT SAID WARRANT BE GIVEN TO THE SHERIFF OF LEA COUNTY FOR EXECUTION
  33. NTC: WARRANT ISSUED
  34. NOTICE OF ISSUANCE OF BENCH WARRANT -MARIA COLLINS A BENCH WARRANT WAS ISSUED FOR JOSEPH FRANKLIN FOR THE FOLLOWING REASON: FAILURE TO COMPLY WITH CONDITIONS OF PROBATION IMPOSED BY THIS COURT ON FEBRUARY 11, 2008
  35. WAR: BENCH WARRANT ISSUED
  36. BENCH WARRANT ISSUED FOR JOSEPH FRANKLIN
  37. RPN: PROBATION VIOLATION
  38. MOTION -HENNING
  39. CLS: ORDER CONTINUING PROBATION
  40. ORDER CONTINUING PROBATION /CLINGMAN DEFENDANT BE CONTINUED ON PROBATION UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS UNTIL THE EXPIRATION OF HIS PROBATIONARY PERIOD. DEFENDANT IS TO REPORT TO THE PROBATION OFFICE UPON RELEASE FROM CUSTODY.
  41. CERTIFICATE OF DISCLOSURE OF INFORMATION
  42. CERTIFICATE OF DISCLOSURE -BISHOP
  43. DEMAND FOR SPEEDY TRIAL
  44. DEMAND FOR TIMELY HEARING -BISHOP
  45. ENTRY OF APPEARANCE
  46. ENTRY OF APPEARANCE AND DEMAND FOR DISCOVERY -BISHOP ON BEHALF OF DEFENDANT
  47. TAPE & LOG RECEIPT
  48. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:____JUNE 30, 2008____________ No of Disks:________2 (1 ORIGINAL/1 COPY)____ Time Started:_______10:08:00 AM/2:29:55 PM___ Time Finished:______10:08:51 AM/2:40:46 PM___ Type of Hearing:____ADMIT/SENTENCE___________
  49. RECORD OF PROBATION VIOLATION PROCEEDINGS
  50. PROBATION VIOLATION ADMISSION PROCEEDING /CLINGMAN
  51. ORD: OF RELEASE
  52. RELEASE ORDER /CLINGMAN TO: SHERIFF OF LEA COUNTY THIS IS YOUR ORDER TO RELEASE JOSEPH FRANKLIN AS OF 06-30-08
  53. COURT MINUTE/PROCEEDINGS
  54. CLERK'S RECORD OF PROCEEDINGS ARRAIGNMENT ON PV ADMIT RETURN TO PROBATION
  55. ORD: APPOINTING ATTORNEY
  56. ORDER OF APPOINTMENT (PROBATION VIOLATION) /CLINGMAN PUBLIC DEFENDER SHALL REPRESENT THE DEFENDANT IN THIS CASE THE APPLICATION FEE IS REQUIRED
  57. INDIGENCY DETERMINATION
  58. ELIGIBILITY DERTERMINATION FOR INDIGENT DEFENSE SERVICE- FOR DEFENDANT--JOSEPH FRANKLIN
  59. NTC: HEARING (CRIMINAL)
  60. ARRAIGNMENT ON PROBATION VIOLATION SET FOR 06-30-08 AT 9:00 A.M.
  61. WAR: BENCH WARRANT CANCELED/ QUASHED
  62. DEFENDANT WAS ARRESTED AND TAKEN INTO CUSTODY ON 06-09-08
  63. NTC: WARRANT ISSUED
  64. NOTICE OF ISSUANCE OF BENCH WARRANT -DELMA MADRID A BENCH WARRANT WAS ISSUED FOR JOSEPH FRANKLIN FOR THE FOLLOWING REASON: FAILURE TO COMPLY WITH CONDITIONS OF PROBATION IMPOSED BY THIS COURT ON FEBRUARY 11, 2008
  65. WAR: BENCH WARRANT ISSUED
  66. BENCH WARRANT ISSUED FOR JOSEPH FRANKLIN
  67. ORD: TO ISSUE BENCH WARRANT
  68. ORDER /CLINGMAN CLERK OF THE DISTRICT COURT PREPARE AND ISSUE A WARRANT FOR THE ARREST OF THE DEFENDANT AND THAT SAID WARRANT BE GIVEN TO THE SHERIFF OF LEA COUNTY FOR EXECUTION
  69. RPN: PROBATION VIOLATION
  70. MOTION -WALKER
  71. CERTIFICATE OF CONVICTION
  72. CERTIFICATE OF CONVICTION
  73. ADJ: DNA IDENTIFICATION FEE
  74. FEE COLLECTIBLE BY OTHER AGENCY DATA CONVERSION INSERT
  75. CLS: GUILTY PLEA/ JUDGMENT
  76. JUDGMENT AND SENTENCE /CLINGMAN DEFENDANT SERVE A TERM OF 18 MONTHS IN THE DEPARTMENT OF CORRECTIONS, FOLLOWED BY ONE YEAR PAROLE, AND THAT ALL OF SAID SENTENCE BE SUSPENDED EXCEPT 90 DAYS IN THE LEA COUNTY DETENTION FACILITY UPON RELEASE FROM CONFINEMENT THAT DEFENDANT BE PLACED ON SUPERVISED PROBATION FOR THE BALANCE OF 18 MONTHS, UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS NOW IN EFFECT IN LEA COUNTY DEFENDANT PAY THE FOLLOWING FEES TO THE CLERK OF THE DISTRICT COURT, LEA COUNTY COURTHOUSE, LOVINGTON: 1) $100 DNA IDENTIFICATION FEE 2) $75 CHEMICAL ANALYSIS FEE 3) $5 DOMESTIC VIOLENCE OFFENDER TREATMENT FEE
  77. ASM: PROBATION
  78. Sentence on 02-18-2008 Count 1-1 Probation Agency: ADULT PROBATION & PAROLE DEPT. Sentenced: 0 years 18 months 0 days Served: 0 years 0 months 90 days
  79. ASM: JAIL PRISON
  80. Sentenced on 02-18-2008 Count 1-1 Sentenced: 0 years 0 months 90 days
  81. ASM: JAIL PRISON
  82. Sentenced on 02-18-2008 Count 1-1 Sentenced: 0 years 18 months 0 days Credited: 0 years 18 months 0 days
  83. ASM: SUBSTANCE ABUSE LAB
  84. Sentenced on 02-18-2008 Count 1-1 Sentenced: $75.00
  85. ASM: DV TREATMENT FEE
  86. Sentenced on 02-18-2008 Count 1-1 Sentenced: $5.00
  87. ASM: DNA IDENTIFICATION FEE
  88. Sentenced on 02-18-2008 Count 1-1 Sentenced: $100.00
  89. TAPE & LOG RECEIPT
  90. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:___FEBRUARY 11, 2008_______ No of Disks:_______2 (1 ORIGINAL/1 COPY)___ Time Started:______8:50:19 AM______________ Time Finished:_____8:57:22 AM______________ Type of Hearing:___PLEA / SENTENCE_________
  91. ORD: RELEASE/ REFUND BOND
  92. ORDER DETERMINING CONDITIONS OF RELEASE AND BOND STATUS /CLINGMAN THE BOND HERETOFORE POSTED IN THIS CAUSE BE: REFUNDED TO THE PARTY POSTING THE BOND EXONERATED IMMEDIATELY IT IS FURTHER ORDERED THAT: DEFENDANT'S CONDITIONS OF RELEASE ARE REVOKED DEFENDANT IS IN CUSTODY
  93. NO CONTEST/GUILTY PLEA PROCEEDING
  94. GUILTY PLEA PROCEEDING /CLINGMAN
  95. COURT MINUTE/PROCEEDINGS
  96. CLERK'S RECORD OF PROCEEDINGS PLEA & DISPOSITION AGREEMENT GUILTY 18 MONTHS
  97. TAPE & LOG RECEIPT
  98. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:__JANUARY 28, 2008_______ No of Disks:______2 (1 ORIGINAL/1 COPY)__ Time Started:_____9:30:23 AM_____________ Time Finished:____9:31:54 AM_____________ Type of Hearing:__ARRAIGNMENT____________
  99. ORD: RELEASE/ REFUND BOND
  100. ORDER DETERMINING CONDITIONS OF RELEASE AND BOND STATUS /CLINGMAN IT IS FURTHER ORDERED THAT: DEFENDANT'S CONDITIONS OF RELEASE ARE REVOKED HELD WITHOUT BOND FOR TRIAL
  101. COURT MINUTE/PROCEEDINGS
  102. CLERK'S RECORD OF PROCEEDINGS ARRAIGNMENT ON PROBATION VIOLATION MOTION FOR BOND FORFEITURE DISMISSAL OF FORFEITURE CONDITIONS OF RELEASE REVOKED
  103. WITNESS LIST
  104. ADDENDUM TO NOTICE OF WITNESSES -ASAY
  105. NTC: HEARING (CRIMINAL)
  106. ANSWER TO BENCH WARRANT HEARING SET FOR 01-28-08 AT 9:00 A.M.
  107. WAR: BENCH WARRANT- FAILURE TO APPEAR CANCELED/ QUASHED
  108. DEFENDANT ARRESTED ON 1-5-08 BY OFFICER J. BOYER #228
  109. CERTIFICATE/ PROOF OF MAILING
  110. CERTIFICATE OF MAILING - GARCIA NOTICE OF FORFEITURE AND ORDER TO SHOW CAUSE MAILED TO THE FOLLOWING: DISTRICT ATTORNEY BRYAN A. COLLOPY JOSEPH FRANKLIN
  111. NTC: WARRANT ISSUED
  112. NOTICE OF ISSUANCE OF BENCH WARRANT - FLORES A BENCH WARRANT WAS ISSUED FOR JOSEPH FRANKLIN FOR THE FOLLOWING REASON: FAILURE TO APPEAR FOR PRE-TRIAL CONFERENCE
  113. MISCELLANEOUS ENTRY
  114. DECLARATION OF FORFEITURE OF BAIL BOND / CLINGMAN
  115. NTC: FORFEITURE/ORDER TO SHOW CAUSE
  116. NOTICE OF FORFEITURE AND ORDER TO SHOW CAUSE / CLINGMAN DEFENDANT TO APPEAR ON JANUARY 28, 2008 AT 9:00 A.M. TO SHOW CAUSE FOR FAILURE TO APPEAR FOR PRE-TRIAL CONFERENCE
  117. WAR: BENCH WARRANT-FAILURE TO APPEAR ISSUED
  118. BENCH WARRANT /CLINGMAN FAILURE TO APPEAR FOR PRE-TRIAL CONFERENCE SUBJECT IS TO BE HELD WITHOUT BOND
  119. COURT MINUTE/PROCEEDINGS
  120. CLERK'S RECORD OF PROCEEDINGS PRE-TRIAL HEARING - BENCH WARRANT ISSUED FAILTE TO APPEAR - BOND FORFEITURE
  121. TAPE & LOG RECEIPT
  122. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:___DECEMBER 18, 2007______ No of Disks:_______2 (1 ORIGINAL/1 COPY)__ Time Started:______9:05:11 AM/9:06:58 AM__ Time Finished:_____9:06:04 AM/9:07:20 AM__ Type of Hearing:___PRETRIAL CONFERENCE____ BENCH WARRANT__________
  123. TAPE & LOG RECEIPT
  124. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:____NOVEMBER 26, 2007____________ No of Disks:________2 (1 ORIGINAL/1 COPY)________ Time Started:_______9:07:46 AM/10:09:39 AM_______ Time Finished:______9:09:12 AM/10:11:12 AM_______ Type of Hearing:____BENCH WARRANT________________
  125. COURT MINUTE/PROCEEDINGS
  126. CLERK'S RECORD OF PROCEEDINGS PLEA & DISPOSITION AGREEMENT - NO CONTACT W/ATTY - NEW BOND $5,000 - FTA / BW
  127. NTC: HEARING (CRIMINAL)
  128. NOTICE OF SETTING - HENNING SET FOR PLEA ON 11-26-07 AT 9:00 A.M.
  129. TAPE & LOG RECEIPT
  130. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs received from: Kathy Lord, Official Court Monitor Date of Hearing:___OCTOBER 29, 2007___________ No of Disks:_______2 (1 ORIGINAL/1 COPY)______ Time Started:______12:03:03 PM________________ Time Finished:_____12:03:36 PM________________ Type of Hearing:___CONTINUED__________________
  131. COURT MINUTE/PROCEEDINGS
  132. CLERK'S RECORD OF PROCEEDINGS PLEA/SENTENCING - VACATED
  133. NTC: HEARING (JURY TRIAL)
  134. NOTICE OF TRIAL SETTING - HERNANDEZ JURY TRIAL SET FOR THE MONTH OF FEBRUARY 2008. PRE-TRIAL CONFERENCE AND THE SETTING OF THE TRIAL DOCKET WILL BE HDLE ON DECEMBER 18, 2007 AT 8:30 A.M.
  135. ORD: PRETRIAL HEARING SCHEDULED
  136. PRE-TRIAL & TRIAL SCHEDULING ORDER /MADDOX FOR CLINGMAN DEADLINE FOR DISCLOSURE OF LAB REPORTS, SCIENTIFIC ANALYSIS AND NAMES OF EXPERT WITNESSES IS 11-26-07; MOTIONS MUST BE FILED AND HEARD ON OR BEFORE 11-26-07; PRETRIAL CONFERENCES AND THE SETTING OF THE DOCKET WILL BE HELD ON 12-18-07 AT 8:30 A.M. JURY TRIAL TO BE HELD IN THE MONTH OF FEBRUARY, 2008 ON A TRAILING DOCKET
  137. MEMORANDUM OF ARRAIGNMENT
  138. CLERK'S RECORD OF PROCEEDINGS ARRAIGNMENT ON INFORMATION - WAIVED - NOT GUILTY IN CUSTODY SET FOR TRIAL - FEBRUARY, 2008 MOTION DEADLINE - NOVEMBER 26, 2007 PRE-TRIAL CONF. - DECEMBER 18, 2007 @ 8:30 A.M.
  139. TAPE & LOG RECEIPT
  140. "NO PAPER DOCUMENT IN FILE" Filing Receipt for Disks and Logs from: Liz Garcia, Official Court Monitor Date of Hearing:___October 15, 2007_________ No of Disks:_______2 (1 Original/1 Copy)____ Time Started:______9:45:10 am_______________ Time Finished:_____9:46:05 am_______________ Type of Hearing:___Arraignment______________
  141. JDG: JUDGE ASSIGN EXCUSAL/ CHALLENGE
  142. JUDGE CLINGMAN ASSIGNED ON THE EXCUSAL OF JUDGE MCBEE
  143. JDG: JUDGE EXCUSAL/ CHALLENGE
  144. NOTICE OF EXCUSAL OF DISTRICT JUDGE - HENNING EXCUSAL OF JUDGE MCBEE
  145. NTC: HEARING (CRIMINAL)
  146. NOTICE OF SETTING - HENNING SET FOR ARRAIGNMENT ON 10-15-07 AT 9:00 A.M.
  147. Waiver of Preliminary Hearing & Presentation to Grand Jury
  148. WAIVER OF PRELIMINARY HEARING - FRANKLIN AND COLLOPY
  149. BOND POSTED
  150. APPEARANCE BOND - FRANKLIN IN THE AMOUNT OF $3,000 APPROVED - DIANA WINTERS - DESIGNEE
  151. ORD: RELEASE ORDER AND BOND
  152. RELEASE ORDER AND BOND / WHITE UNSECURED APPEARANCE BOND OF $3,000.00
  153. ENTRY OF APPEARANCE
  154. ENTRY OF APPEARANCE - COLLOPY ON BEHALF OF DEFENDANT
  155. ORD: APPOINTING ATTORNEY
  156. ORDER OF APPOINTMENT /WHITE DEFENDANT IS NOT INCARCERATED. DEFENDANT IS INDIGENT AND UNABLE TO OBTAIN COUNSEL. BRYAN COLLOPY SHALL REPRESENT THE DEFENDANT WITH THE PUBLIC DEFENDER DEPARTMENT PAYING HIS/HER FEE ACCORDING TO ITS REGULAR FEE SCHEDULE. APPLICATION FEE IS REQUIRED.
  157. INDIGENCY DETERMINATION
  158. ELIGIBILITY DERTERMINATION FOR INDIGENT DEFENSE SERVICE- FOR DEFENDANT--JOSEPH FRANKLIN
  159. TRANSCRIPT OF PROCEEDINGS
  160. TITLE PAGE OF TRANSCRIPT OF CRIMINAL PROCEEDINGS AND CERTIFICATE - JURADO TRANSCRIPT FROM HOBBS MAGISTRATE COURT M-26-FR-200700405
  161. ORD: BIND-OVER FROM LOWER COURT
  162. BIND-OVER ORDER / WHITE CONTROLLED SUBSTANCE POSSESSION PROHIBITED TO WIT COCAINE M-26-FR-200700405
  163. CERTIFICATE OF DISCLOSURE OF INFORMATION
  164. CERTIFICATE OF DISCLOSURE - WALKER
  165. DEMAND FOR ALIBI
  166. DEMAND FOR NOTICE OF INTENTION TO CLAIM ALIBI - WALKER
  167. WITNESS LIST
  168. NOTICE OF WITNESSES - WALKER
  169. OPN: CRIMINAL INFORMATION / COMPLAINT
  170. CRIMINAL INFORMATION - WALKER POSSESSION OF A CONTROLLED SUBSTANCE BOND SET IN THE AMOUNT OF $3,000 IN HOBBS MAGISTRATE COURT

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