SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DIVISION NO. 1 HONORABLE EDWARD H. DRAYER, COMMISSIONER

PEOPLE OF THE STATE .

OF CALIFORNIA .
. Case No. N564933
Plaintiff .
.
vs. .
.
ANGELO TROTTER, IV .
.
Defendant .
. . . . . . . . . . . . . . . .

HEARING

July 2, 2004

APPEARANCES:

FOR THE PLAINTIFF: NO APPEARANCE MADE

FOR THE DEFENDANT: ANGELO TROTTER, IV, in pro per

10118 San Carlos Avenue
South Gate, California 90280
(323) 228-5625

TRANSCRIPTION BY: Lutz & Company, Inc.

100 West Lemon Avenue
Suite 103
Monrovia, California 91016
(626) 303-1113
Info@lutz-co.com

Lutz & Company, Inc.

(626) 303-1113
 2

Proceedings recorded by an unmonitored electronic sound

recording, transcript produced by Federally Approved
Transcription Service.

Lutz & Company, Inc.

(626) 303-1113
 3

1 BELLFLOWER, CALIFORNIA

2 FRIDAY, JULY 2, 2004, PROCEEDINGS BEGIN

3 DIVISION NO. 1, HONORABLE EDWARD H. DRAYER, COMMISSIONER

4 (Court is Called to Order)

5 THE COURT: People of the State of California versus

6 Angelo Trotter the forth.

7 DEFENDANT TROTTER: Good morning, Your Honor.

8 THE COURT: Good morning. Okay. Now, Mr. Trotter,

9 you have filed some documents with the court. Now, one is

10 dated June 25th, notice of non-operation.

11 DEFENDANT TROTTER: Non-opposition.

12 THE COURT: Um-hum.

13 DEFENDANT TROTTER: For a notice of motion, a motion

14 to quash filed --

15 THE COURT: Okay. Well I’m going to take, I’m going

16 to take them up one at a time if that’s all right with you.

17 Okay. Did you file any of these motions with the District

18 Attorney?

19 DEFENDANT TROTTER: Yes, Your Honor.

20 THE COURT: Okay. All right. Let me call the

21 District Attorney’s Office, see if they would like to send a

22 deputy down. If you’ll just have a seat please.

23 (Off the Record)

24 THE COURT: All right. We’ll recall Mr. Trotter’s

25 matter. This is case N564933. And Mr. Trotter, I asked my

26 clerk to call the District Attorney and it’s my understanding

Lutz & Company, Inc.

(626) 303-1113
 4

1 they did receive your motions. All of their deputies are

2 engaged in other cases right now. And with your permission, I

3 would proceed without the District Attorney but I’ll leave that

4 up to you.

5 DEFENDANT TROTTER: Well, Your Honor, I’d like to

6 object, Your Honor. They had the -- time for opposition has

7 kind of past --

8 THE COURT: Well, no. I’m just asking, do you want

9 me to ask them to send somebody down when somebodies available

10 or do you want to proceed without them?

11 DEFENDANT TROTTER: Well, it matters not, Your Honor.

12 They haven’t opposed and the opposition must be provided on

13 paper.

14 THE COURT: Well, do you want them down here or not?

15 Just tell me yes or no.

16 DEFENDANT TROTTER: Well, the motion is unopposed,

17 Your Honor, so it wouldn’t make a difference whether they’re

18 here or not.

19 THE COURT: Well, do you want them here?

20 DEFENDANT TROTTER: How can they be here, Your Honor,

21 when they haven’t opposed?

22 THE COURT: Well, they have a right to be in court,

23 whether they’re going to have a chance to present something at

24 this late stage I don’t know. They’re saying that they’re all

25 tied up and apparently they’re -- allowed me to proceed without

26 them. I’m asking you if you want me to proceed without them?

Lutz & Company, Inc.

(626) 303-1113
 5

1 DEFENDANT TROTTER: Is Your Honor going to prosecute

2 for the People --

3 THE COURT: I don’t prosecute. I’m going to hear

4 what you have to say on your motion, sir. But I’m asking if

5 you want the District Attorney here or not?

6 DEFENDANT TROTTER: I don’t understand, Your Honor.

7 The District Attorney has my paperwork, has the defendant’s

8 paperwork and had plenty of time to oppose; they haven’t. So I

9 don’t know what the, what the, the reason for them to be here

10 would be in the first place.

11 THE COURT: Okay. So I’m going to take that as a you

12 don’t want the District Attorney present; is that -- my

13 understanding correct?

14 DEFENDANT TROTTER: They haven’t opposed, Your Honor,

15 that’s what I’m saying.

16 THE COURT: I understand. And I’m going to put that

17 in part of your case here that you have filed a notice dated --

18 well actually, it’s file stamped June 25th, notice of non-

19 opposition.

20 DEFENDANT TROTTER: The notice of motion was June

21 11th, Your Honor.

22 THE COURT: Well, I’m going to take those up in a

23 minute. All right. Do you want the District Attorney here or

24 not?

25 DEFENDANT TROTTER: I object to it, Your Honor, yes.

26 THE COURT: Okay. I’ll mark that on there. Okay.

Lutz & Company, Inc.

(626) 303-1113
 6
1 And then I’m going to show notice of non-opposition filed June

2 25th of this year. Then you have also filed on June 11th of this

3 year a request for judicial notice. Anything else you’d like

4 to say about that request for judicial notice regarding the

5 California Judicial Council’s website annual report?

6 DEFENDANT TROTTER: It’s all in the brief, Your

7 Honor.

8 THE COURT: All right. Request for judicial notice

9 is granted. Okay. Then your next motion filed June 11th of

10 this year is a motion to quash for want of subject matter

11 jurisdiction. All right. Is there anything else you’d like to

12 say regarding that motion? I have read the motion. I have

13 also read the attachment which is the 2001 Annual Judicial

14 Council Report that you had asked for judicial notice on.

15 Anything else you’d like to say regarding the motion to quash

16 sir?

17 DEFENDANT TROTTER: No, Your Honor.

18 THE COURT: All right. Okay. The motion --

19 DEFENDANT TROTTER: Has Your Honor read the brief on

20 the, the motion to quash?

21 THE COURT: Yes, I’ve read the brief, I’ve the read

22 the annual report and I’m asking if there’s anything else you’d

23 like to say?

24 DEFENDANT TROTTER: No, Your Honor.

25 THE COURT: Okay. The motion to quash for want of

26 subject matter jurisdiction is denied. All right. Now --

27 DEFENDANT TROTTER: And that’s your findings of fact

Lutz & Company, Inc.

(626) 303-1113
 7
1 and conclusion of law, Your Honor?

2 THE COURT: I don’t believe that’s a proper subject

3 for that sir. Now, do you wish --

4 DEFENDANT TROTTER: Well, Your Honor, is, is, is

5 taking a position on an unopposed motion. My motion was

6 unopposed.

7 THE COURT: Just because a motion --

8 DEFENDANT TROTTER: The People had plenty of time to

9 oppose it.

10 THE COURT: Just because a motion is unopposed, sir,

11 doesn’t mean it’s always well taken --

12 DEFENDANT TROTTER: Well, can --

13 THE COURT: -- and I find, I find that the section

14 that you’re cited for, 22350 of the California Vehicle Code,

15 unsafe speed, is an infraction. It is not a criminal matter

16 where you could be placed in jail, it is an infraction. You

17 could be fined if you’re convicted. However, it’s my

18 understanding of the law that the standard of proof is the same

19 as what it would be in a criminal case. They have to prove

20 their case beyond a reasonable doubt.

21 DEFENDANT TROTTER: The issue is where does a peace

22 officer get the authority to make that stop for non-criminal

23 matters, Your Honor.

24 THE COURT: Okay. I find --

25 DEFENDANT TROTTER: If it’s not criminal then it’s

26 civil.

27 THE COURT: I find that based on your, your motion

Lutz & Company, Inc.

(626) 303-1113
 8
1 here that the officer and the ticket that has been submitted

2 and signed by you, that there was approximate speed of fifty-

3 six in a forty mile zone, which would appear to violate Section

4 22350 of the Vehicle Code.

5 DEFENDANT TROTTER: That citation also says without

6 admitting -- guilt and it was signed under duress.

7 THE COURT: Well, it was signed just for you to

8 appear in court. You’re not admitting any guilt by signing it.

9 And I see --

10 DEFENDANT TROTTER: Well, how does Your Honor find --

11 THE COURT: I see that it is marked here under

12 duress.

13 DEFENDANT TROTTER: How does Your Honor find that,

14 that this is a crime?

15 THE COURT: I find that it’s an allegation of an

16 infraction.

17 DEFENDANT TROTTER: An infraction is not a crime,

18 Your Honor.

19 THE COURT: An infraction is subject to penalties of

20 loss of license and/or a fine. It’s not subject to any kind of

21 a jailable offense.

22 DEFENDANT TROTTER: But the defendant’s position is

23 that a peace officer, California peace officer hasn’t the

24 authority to make a stop for non-criminal violations. That’s

25 what the motion to quash was for.

26 THE COURT: Okay. And I have --

27 DEFENDANT TROTTER: And that’s what was mentioned in,

Lutz & Company, Inc.

(626) 303-1113
 9
1 in the --

2 THE COURT: Sir --

3 DEFENDANT TROTTER: It’s also backed up by --

4 THE COURT: -- very respectfully now, I have denied

5 your motion. Now --

6 DEFENDANT TROTTER: But Your Honor refuses to provide

7 the authority.

8 THE COURT: I just gave you the authority. Now, sir,

9 it’s here for arraignment today, are you ready to go forward

10 with your arraignment?

11 DEFENDANT TROTTER: I request a -- well, I demand a

12 verified complaint or verified notice to appear. So Your Honor

13 can set a future date where I come in and view the verified

14 complaint and I’ll come in and address it then.

15 THE COURT: All right. Well, that request is denied.

16 If you’d like, I’ll continue your arraignment if you’d like to

17 consider the case further.

18 DEFENDANT TROTTER: That can’t be denied, Your Honor.

19 40513(b) of --

20 THE COURT: Sir, I have just denied it.

21 DEFENDANT TROTTER: -- the California Vehicle Code --

22 THE COURT: Sir, I have just denied it. Now, would

23 you --

24 DEFENDANT TROTTER: I’ll enter a plea then, Your

25 Honor.

26 THE COURT: Would you like to come in on another date

27 for your arraignment? Are you ready to proceed with your

Lutz & Company, Inc.

(626) 303-1113
 10
1 arraignment today, sir?

2 DEFENDANT TROTTER: I’m requesting a verified

3 complaint pursuant to 40515(b) of the California Vehicle Code,

4 which I’m entitled to.

5 THE COURT: Okay. I have just denied that, sir. I’m

6 asking if --

7 DEFENDANT TROTTER: It can’t be denied, Your Honor.

8 THE COURT: Sir, excuse me. Do you wish to proceed

9 with your arraignment today or would you like --

10 DEFENDANT TROTTER: You can set up a future date,

11 Your Honor.

12 THE COURT: Okay. All right. At --

13 DEFENDANT TROTTER: And I’d like it noted on the

14 record that I object and request a verified complaint.

15 THE COURT: At defendant’s request arraignment is

16 continued. What date would you like to return to this court,

17 sir?

18 DEFENDANT TROTTER: Thirty days.

19 THE COURT: Today is July 2nd. Okay. We’ll continue

20 it to August 2nd. Do you waive time for speedy trial then?

21 DEFENDANT TROTTER: I waive no time. I waive no

22 rights.

23 THE COURT: Well then, then sir, I’m ready to go

24 forward with your arraignment.

25 DEFENDANT TROTTER: Your Honor hasn’t proved

26 jurisdiction yet, Your Honor. Subject matter jurisdiction is

27 challengeable at any time --

Lutz & Company, Inc.

(626) 303-1113
 11
1 THE COURT: All right.

2 DEFENDANT TROTTER: -- and I’m challenging

3 jurisdiction.

4 THE COURT: Okay. Well, let me take care of your

5 arraignment. On case N564933, charges Section 22350 of the

6 Vehicle Code, unsafe speed, and the allegation is fifty-six in

7 a forty mile zone. Do you understand the charge, sir?

8 DEFENDANT TROTTER: No, I do not.

9 THE COURT: All right. Did you hear your

10 constitutional rights today, sir, at the earlier hearing?

11 DEFENDANT TROTTER: I did.

12 THE COURT: All right. Okay. What don’t you

13 understand about the charge, sir?

14 DEFENDANT TROTTER: I don’t understand how the charge

15 -- the People have not opposed the motion requesting

16 jurisdiction. It’s on -- it’s upon the People to provide or

17 to, to prove that they have jurisdiction; they have not. So I

18 don’t understand how it can be charged once the People have not

19 -- had plenty of opportunity according to the rules of court

20 and the California Civil -- Code of Civil Procedure, and they

21 have not done so and I can still be charged.

22 THE COURT: All right. Sir, I’m reading Section

23 22350, basic speed law.

24 “No person shall drive a vehicle upon a highway

25 at a greater speed then is reasonable or prudent

26 having the regard for weather, visibility, the

27 traffic on the surface and the width of the highway,

Lutz & Company, Inc.

(626) 303-1113
 12
1 and in no event at a speed which endangers the safety

2 of persons or property.”

3 Do you understand the language that I just read to

4 you, sir?

5 DEFENDANT TROTTER: Is this a criminal charge, Your

6 Honor?

7 THE COURT: This is an infraction, sir.

8 DEFENDANT TROTTER: So it’s not criminal?

9 THE COURT: It is an infraction, as I’ve said. Okay.

10 Do you understand the language that I have just read to you?

11 DEFENDANT TROTTER: No, Your Honor. Your Honor is

12 not stating clearly and specifically, is this a crime or is it

13 not.

14 THE COURT: Sir, it is an infraction. And as I

15 explained earlier, you can not be placed in jail if you’re

16 convicted of it. However, they have -- the criminal burden of

17 proof, proof beyond a reasonable doubt.

18 DEFENDANT TROTTER: Is it a crime, Your Honor, yes or

19 no?

20 THE COURT: It is an infraction, sir.

21 DEFENDANT TROTTER: So it’s not a crime?

22 THE COURT: It’s an infraction and you could be given

23 a sentence of bail. You could be also -- take you license away

24 for a period of time. Those are --

25 DEFENDANT TROTTER: But is it a crime?

26 THE COURT: -- the consequences. Those are the

27 consequences.

Lutz & Company, Inc.

(626) 303-1113
 13
1 DEFENDANT TROTTER: I know the consequences, but I

2 don’t understand if it’s a crime or not.

3 THE COURT: It’s non-criminal in the --

4 DEFENDANT TROTTER: So if it’s non-criminal then it’s

5 civil.

6 THE COURT: It’s non-criminal, sir, but it’s still an

7 infraction.

8 DEFENDANT TROTTER: If it’s non-criminal then it’s

9 civil, Your Honor. California Constitution per Section 22 of

10 the Code of Federal -- Civil Procedure only recognizes two

11 types of actions; civil or criminal. So if it’s not criminal

12 then it’s civil and why am I here?

13 THE COURT: You’re here for your arraignment.

14 I’ve advised --

15 DEFENDANT TROTTER: On a non-criminal charge, Your

16 Honor?

17 THE COURT: I’ve advised you of the charges. You

18 have indicated you heard the rights. So do you wish to enter a

19 plea to the charge of speeding, sir?

20 DEFENDANT TROTTER: Why do I have to enter a charge

21 on a non-criminal violation?

22 THE COURT: I’m asking you, do you wish to enter a

23 plea to the charge, sir?

24 DEFENDANT TROTTER: On a criminal violation or a

25 civil violation?

26 THE COURT: It’s on an infraction, sir.

27 DEFENDANT TROTTER: And Your Honor just said it was

Lutz & Company, Inc.

(626) 303-1113
 14
1 non-criminal so what’s that -- that means it’s civil.

2 THE COURT: Okay. Sir, I’m going to ask you, do wish

3 to --

4 DEFENDANT TROTTER: I’m not entering a plea, Your

5 Honor.

6 THE COURT: Do you wish to enter a plea?

7 DEFENDANT TROTTER: I’m not entering a plea.

8 THE COURT: Okay. On the Court’s motion I’m going to

9 enter a plea of not guilty for you.

10 DEFENDANT TROTTER: Well, I’d like an objection also

11 stated on record that I did not enter a plea.

12 THE COURT: Okay. It’s on the record, sir. Okay.

13 We’ll set --

14 DEFENDANT TROTTER: May I have a copy of that, Your

15 Honor?

16 THE COURT: You can take that up with the clerk’s

17 office, sir. They have certain procedures.

18 DEFENDANT TROTTER: Your Honor did mark that I

19 objected to the entering of a plea?

20 THE COURT: I have indicated on the Court’s motion, I

21 entering a plea for you, sir. All right. The trial --

22 DEFENDANT TROTTER: My objection needs to by noted,

23 Your Honor.

24 THE COURT: Excuse me. Would you let me speak now?

25 Will you let me speak, sir?

26 DEFENDANT TROTTER: If Your Honor will put my

27 objection down for the record.

Lutz & Company, Inc.

(626) 303-1113
 15
1 THE COURT: Your record is being made as you speak,

2 sir. Okay. The court trial is set for August 11th of this

3 year, 9:00 a.m., this division. And I’m going to ask you to

4 sign a written promise to appear. Please cooperate --

5 DEFENDANT TROTTER: How’s the record being taken,

6 Your Honor?

7 THE COURT: -- with the bailiff. Pardon me?

8 DEFENDANT TROTTER: How’s this record being taken?

9 THE COURT: It’s electronic recording.

10 DEFENDANT TROTTER: May I get a copy of that?

11 THE COURT: That’s up to you to take it up with the

12 clerk’s office. I don’t know what their fees are on that, sir.

13 Okay. Please cooperate with the bailiff now.

14 DEFENDANT TROTTER: I will not being signing another

15 notice to appear, Your Honor.

16 THE COURT: All right. Put him in custody until he

17 signs the OR.

18 DEFENDANT TROTTER: How can -- how can Your Honor put

19 me in custody for a non-criminal violation?

20 THE COURT: I’m just asking you to sign a written

21 promise to appear. I’m not asking you to --

22 DEFENDANT TROTTER: I’ve already appeared. The

23 People haven’t opposed.

24 THE COURT: I’m not asking you to post bail.

25 DEFENDANT TROTTER: I’m doing everything that the

26 court --

27 THE COURT: Sir, I’m not asking you to post bail.

Lutz & Company, Inc.

(626) 303-1113
 16
1 I’m just asking you to sign a written promise to appear on this

2 case.

3 DEFENDANT TROTTER: Your Honor, I followed all court

4 procedure and all rules of the court. Why am I being treated

5 any differently? Is this a constitutional court or

6 administrative law --

7 THE COURT: Sir, normally I have the people post a

8 hundred dollar ($100) bail -- and you sat here during the other

9 hearings, I’m waiving that hundred dollar ($100) bail. I’m

10 only asking you to sign a written promise to appear. As soon

11 as sign that written promise to appear you’ll be released.

12 DEFENDANT TROTTER: Excuse me, Your Honor, I’m still

13 making a record. Why are you leaving the bench?

14 THE COURT: Okay. Sir, sir, I am leaving the bench

15 because I’m asking you to sign the promise to appear. Do you

16 want to do that now?

17 DEFENDANT TROTTER: This matter’s not concluded. I’m

18 still addressing the Court.

19 THE COURT: All right.

20 DEFENDANT TROTTER: Is this an administrative law

21 court of constitutional court?

22 THE COURT: It’s a court with the State of

23 California, County of Los Angeles --

24 DEFENDANT TROTTER: Is it a constitutional court or

25 an administrative law court?

26 THE COURT: Sir, I’m not going to engage in a

27 question and answer with you now.

Lutz & Company, Inc.

(626) 303-1113
 17
1 DEFENDANT TROTTER: This is something I have a right

2 to as a, as a defendant in court. Are you going to let me know

3 or not?

4 THE COURT: I have, I have addressed you as far as

5 I’m going to address you at this point, sir.

6 DEFENDANT TROTTER: So you’re not going to completely

7 explain everything to me in a court of law?

8 THE COURT: Sir, it’s not my job to explain to you.

9 You can hire an attorney if you need some further legal

10 explanations --

11 DEFENDANT TROTTER: I can read the law, Your Honor.

12 And this Court is not following the law.

13 THE COURT: Well, that’s up to you then, sir. Okay.

14 Now, please cooperate with the bailiff sir.

15 PROCEEDINGS CONCLUDED

16 * * * * * * * * * *

17

18

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DIVISION NO. 1 HONORABLE EDWARD H. DRAYER, COMMISSIONER

PEOPLE OF THE STATE .

OF CALIFORNIA .
. Case No. N564933
Plaintiff . Certification
.
vs. .
.
ANGELO TROTTER, IV .
.
Defendant .
. . . . . . . . . . . . . . . .

Lutz & Company, Inc.

(626) 303-1113
 18
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES

I, Karen Pulling, a duly designated transcriber, do hereby

declare and certify under penalty of perjury that I have
transcribed the portion of tape which was duly recorded in the
Superior Court of the State of California, County of Los
Angeles, Bellflower, Division 1, on the 2nd day of July, 2004,
in the above mentioned case, and that the foregoing 15 pages
comprise a true and correct, accurate transcription of the
aforementioned tape.

Dated this 3rd day of August, 2004.

__________________________________________
Manager

LUTZ & COMPANY, INC.

100 WEST LEMON
SUITE 103
MONROVIA, CALIFORNIA 91016
(626) 303-1113

Lutz & Company, Inc.

(626) 303-1113