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Barry Allan Layton In Propria Persona Sui Juris P.O. Box 1494 Hamilton, Montana 59840 Tel. 530-877-4841 MAILING ADDRESS: BARRY ALLAN LAYTON C/O: 547 FILBERT Paradise, California 95969

, SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF BUTTE JANUARY TERM, 2012
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff(s)/Appellant vs. Barry Allan Layton Defendant/Respondent FILE ON DEMAND Time: 1:30PM_______ Date: DECEMBER 3, 2010__ Dept: CSC Judge: Presiding Judge _______ CASE No. SCR86646 NOTICE AND DEMAND [By Special Appearance]

STATEMENT OF FACTS *On Thursday, April 27, 2000, the defendant was issued a citation or an alleged violation of Section 22350 of the Vehicle Code, indicating an appearance date of June 13, 2000.

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*On May 10, 2000, the Superior Court of California, County of Santa Clara, issued a "courtesy notice" indicating a due date of July 10, 2000, and an "amount due" of $146.00 and an "administrative fee amount" of $159. * On May 20, 2000, the defendant prepared an informal request for discovery pursuant to the provisions of Sections 1054 et seq. of the Penal Code, and delivered it by registered mail to the Office of the District Attorney of the Traffic-Municipal Court. Defendant included a check in the amount of $159.00 to cover bond. * The aforementioned informal request for discovery was delivered to one H. Dinh, and signed for by this individual on May 22, 2000. * On May 26, 2000, the court returned paperwork for the preparation of a trial by written declaration, with no acknowledgement of the request for discovery. My bond check was returned to me. * On June 7, 2000, the 15 days allotted for a response to the informal request for discovery pursuant to Section 1054.5(b) of the Penal Code had elapsed, and defendant submitted a written request for a court order for discovery pursuant to the provisions of this section. * On June 18, 2000, defendant received a reply to aforementioned request from one L. Apodaca, Legal Process Clerk III, indicating that it was necessary to come to the office and schedule a motion hearing in person. My bond check was once again returned to me. * On June 30, 2000, defendant scheduled a motion hearing for July 25, 2000. * At the motion hearing on July 25, 2000, Mr. Robert Martinelli of the Office of the District Attorney first attempted to try the case, then attested that their Office had never seen

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my informal request for discovery, despite it having been addressed to the District Attorney at the address indicated on the face of the citation. Mr. Martinelli promised to review the request for discovery with the District Attorney and make a response. * On August 1, 2000 defendant sent another copy of the July 25 motion for a court order for discovery, via certified mail, directly to the Office of the District Attorney in addition to having personally delivered a copy of the motion to Mr. Martinelli at the July 25 hearing. *On August 16, 2000, seven days after the 15-day statutory deadline set forth in California Penal Code Section 1054.5(b) -- counting from the hand delivery of the request for discovery to Mr. Martinelli, an agent of the Office of the District Attorney on July 25 -- and fully 86 days after the delivery of the original informal request for discovery on May 22, defendant received only a copy of both sides of the officer's copy of the citation, with the remaining items requested for discovery having been ignored and unacknowledged.

MOTION In accordance with Section 1054.5(b) of the Penal Code, having satisfied the provisions in Section 1054 et seq. for making an informal request for discovery before seeking a remedy in the courts, and having made every reasonable effort, via mail and by in-person appearance in the Court of Comissioner Heath, to obtain the materials defendant requires to prepare an adequate defense, all to no avail after more than 13 weeks, the defense moves that the court prohibit the testimony of witnesses on behalf of the prosecution, or apply any other sanction deemed appropriate under the provisions of Section 1054 et seq. of the California Penal Code, in this matter of the abrogation of defendant's right to reciprocal discovery as guaranteed in the California Constitution Article I, Section 30(c).

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If the Constitutionally-guaranteed safeguards of criminal defendants are not to be adhered to for an infraction, it is a short step indeed to a dispensation from the cherished legal principles of our Constitutional Republic. If the Office of the District Attorney cannot be bothered to properly handle a simple discovery request in a simple criminal infraction case, I gravely fear for those falsely accused of a felony. Please find attached an additional listing of the items requested for discovery pursuant to Rule 335(a) of the 2000 California Rules of Court.

DATED: January 1, 2012 Barry Allan Layton P.O. Box 1494 Hamilton, Montana Tel. 530-877-4841 MAILING ADDRESS: BARRY ALLAN LAYTON C/O: 547 FILBERT Paradise, California 95969 59840

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1 STATE OF CALIFORNIA 2 COUNTY OF BUTTE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DATED: 19 20 21 22 23 24 25 January 1, 2012

VERIFICATION
.SS

I, Barry Allan Layton, being the undersigned, declare under penalty of perjury as follows: That the afore-going Document(s), Affidavit(s), Declaration(s), and/or Materials, Id., including referenced and/or attached documents, and/or duplicates of such documents are exacting copies of the originals in my/or my counsels (specifically not American Bar Association, or professional Attorneys) possession. That I have read the foregoing document(s) and attachments, and know and understand their contents, and having direct personal knowledge, having taken part in the proceedings and defending myself at all times as In Propria Persona, Sui Juris, know them to be true. As to those matters submitted therein upon information and/or belief, as to those matters, I also believe them true. Executed this January 1, 2012, in the Year of Our Lord and Savior, Jesus the Christ, year Two-Thousand-Twelve. DATED: January 1, 2012 P.O. Box 1494 Hamilton, Montana 59840 Tel. 530-877-4841

SUBSCRIPTION
Subscribed this January 1, 2012, under exigent circumstances, before Almighty God, in the Year of Our Lord and Savior, Jesus the Christ, year Two-Thousand-Twelve.

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TYPE A 6 B

SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF BUTTE Barry Allan Layton, Sup. Ct.Case No. SCR86646 Appellant/Petitioner v. CERTIFICATION/AFFIDAVIT THE PEOPLE OF THE STATE OF CALIFORNIA, OF PROOF OF SERVICE Respondents
I, the undersigned hereby certify and declare that I am over the age of 18 years, and not a party to the within entitled cause of action; and, Further, hereby deposes and says: that on the date signed below, I did serve UNDER AUTHORITY OF APPELLANT/PETITIONER the attached document named:

1.) NOTICE AND DEMAND

The aforesaid documents were served in the following manner:

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By personal service IN COURT. I did personally deliver the above-described documents at the address, or addresses captioned below: By the U.S. Postal Service having knowledge of the United States Mail Postpaid certified envelope, sealed by my hand at Paradise, Montana. Certified/Registered Number __ __ By phone communication transmission [FAX], the material aforementioned on-line was sent at a total of ______ transmitted pages to Tel.#( ) By sealed envelope, hand enclosed by me and mailed to:

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OTHER: E-Mail

Further, I declare under penalty of perjury knowing the laws thereof within the State of California that the foregoing is true and correct and that these documents were served by me personally as stated above and/or mailed and sealed as stated above within the California Republic. DATED: January 1, 2012 ~3:30PM JOHN PROCTOR By Lawful Service
JOHN PROCTOR SERVER FOR: Barry Allan Layton P.O. Box 1494 Hamilton, Montana, 530-877-4841

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