August-July 2008 Mendocino Court Report

The following cases were heard in Ten Mile Court, Ft Bragg Mendocino.

Tuesday, Aug. 12, 2008

- Minh Bong of San Jose pleaded no contest to highgrading three abalone over the limit (highgrading occurs when one has reached his legal limit and then finds bigger abalone and replaces one of those he has already sacked which he throws back into the ocean). He was placed on a 12-month probation with loss of fishing privileges for that same period, fined $1,566, and was ordered to forfeit his dive gear and abalone.

- Tony Chang of San Jose pleaded no contest to highgrading (see Bong above) three abalone over the limit. He was placed on a 12-month probation with loss of fishing and diving privileges for the term of his probation, fined $1,566, and ordered to forfeit his abalone and dive gear.

- Richard W. Hartman from Oakley was placed on a 12-month probation with the loss of fishing privileges for that time, fined $1,566, and ordered to surrender his dive gear and abalone when he pleaded no contest to having three abalone over the limit. - Celia E. Hennion and Jeffrey D. Wharton were each arraigned for possessing three abalone over the limit. They will hire a private attorney and enter a plea on Aug. 25.

- Yong S. Kim of San Francisco pleaded no contest to having seven abalone over the limit. He was placed on a 24-month probation with no fishing during that time, sentenced to five days in MCJ (SWAP authorized for his home county of San Francisco), fined $1,963, and ordered to forfeit his dive gear and abalone.

- Dinhop N. Ng of San Francisco had two abalone over the limit. He was placed on a 12-month, no-fishing probation, fined $1,458, and had his dive gear and abalone forfeited.

- Anthony S. Riccabona Jr. and Tammy D. Riccabona of Santa Cruz each had three abalone over the limit. He took his and hers. Each was placed on a 12-month no-fishing probation, fined $1,566, and ordered to forfeit their dive gear and abalone. - Norman W. Stetson II of San Jose had one abalone over the limit. He was placed on a 12-month no-fishing probation, fined $1,350, and ordered to forfeit his dive gear and abalone.

- Tommy Yip of San Leandro pleaded no contest to highgrading (see Bong above) three abalone over the legal limit. He was placed on a 12- month, no-fishing probation, fined $1,566, and ordered to forfeit dive gear and abalone.

Editor's Note: If any of our readers should have a case dismissed out of court — only those on which we have previously reported — by the DA's office and you would like that information printed, please call Editor Katherine Lee, 964-5642, ext. 20. Once confirmed by the DA's office, the dismissal will be included in the court report.

Monday, Aug. 4, 2008

- Paul N. Ardzrooni pleaded guilty to stream-bed alteration and was placed on a 24-month DEJ. He was ordered to complete 500 hours of community service in two years and fined $5K.

- Sandra L. Miller pleaded no contest to conspiracy to take abalone and possessing abalone out of the shell. She was placed on a 24-month probation with no fishing or abalone taking allowed during that term, ordered to complete 100 hours of community service at any non-profit organization, fined $2,018, and ordered to forfeit her dive gear and abalone.

Tuesday, Aug. 5, 2008

- Travis M. Breeding had one abalone too many. He was placed on a 12- month probation with orders not to take or possess abalone, fined $1,350, and ordered to forfeit his gear and abalone.

- Hong W. Chun took one abalone over the limit and was placed on a 12- month probation and ordered not to take or possess abalone during the term of his probation. He was fined $1,350, and ordered to surrender his dive gear and abalone. - Young M. Chun had three abalone over the limit. He was placed on a no-take, no-possess abalone, 12-month probation, fined $1,566, and ordered to surrender his dive gear and abalone. - Kevin Duong had six abalone over the limit and altered his report card. He was placed on a 24-month probation with abalone taking and abalone possessing privileges revoked for the term of the probation. He was also sentenced to five days in MCJ (SWAP eligible) and ordered to forfeit his dive gear and abalone. - Yu Y. Hu was placed on a 12-month probation with all abalone taking and possessing privileges revoked for the term of the probation. He was also fined $1,350, and was ordered to forfeit his gear and abalone. - David M. Johnson signed a WPTA but FTA'd. A $5K BW was issued for his arrest. - Eric L. Johnson had two abalone over the limit and was placed on a 12-month probation and ordered to neither take nor possess abalone for the term of his probation. He was fined $1,458 and ordered to forfeit his dive gear and abalone. - Young H. Ko had three abalone over the limit and was placed on a 12- month probation with strict orders not to take or possess abalone for that time period. He was also fined $1,566 and ordered to forfeit his dive gear and abalone. - Donald T. Kowalski was arraigned for alleged receiving abalone taken by someone else. He pleaded not guilty and will represent himself in a JT on Jan. 28.

- Mui U. Ly pleaded guilty to altering an abalone report card. She was placed on a no-take, no-possess abalone, 12-month probation, fined $1,242, and was ordered to forfeit her dive gear and abalone. She also had an overlimit of Turban Snails but that charge was dismissed in exchange for her plea. - Chuhong N. Mai had three abalone over the limit. He was placed on a 12-month, no-take, no-possess abalone probation, fined $1,566, and ordered to forfeit his dive gear and abalone.

- Patrick J. McMullen pleaded no contest to taking one abalone from another. He was placed on a 12-month, no-take, no possess abalone probation, fined $1,350, and ordered to forfeit his dive gear and abalone.

- Kang H. Min had one untagged abalone. He was placed on a 12-month probation with orders neither to take nor possess an abalone for the period of probation. He was fined $1,350, and ordered to forfeit his dive gear and abalone.

- (name removed at violator's request - SCAN Webmaster) was placed on a 12-month probation with no-take, no- possess abalone restrictions, for not having an abalone gauge or caliper. He was also fined $1,242, and ordered to surrender his dive gear and abalone.

- Ming Y. Tung received three abalone taken by another and was fined $1,566 and was placed on a 12-month probation and ordered not to take or possess abalone for the term of probation. He was ordered to forfeit his dive gear and abalone. - Dennis N. Voong received three abalone taken by another and was fined $1,566 and placed on a 12-month probation and ordered to neither take nor possess abalone for the term of his probation. He was also ordered to forfeit his dive gear and abalone. - Sinh V. Voong received three abalone taken by another and was fined $1,566 and placed on a 12-month probation and ordered to neither take nor possess abalone for the term of his probation. He was also ordered to forfeit his dive gear and abalone.

Monday, July 28, 2008

- Neel E. Bunn pleaded no contest to conspiracy to take abalone and having abalone out of the shell. He was placed on a 24-month probation, ordered to complete 100 hours of community service, fined $1,586, and ordered to forfeit his dive gear and abalone.

- Sandra L. Bunn's sentence was exactly like Neel E Bunn's except that her fine was $1,694 because she had one more abalone than did Neel. She also pleaded no contest to conspiracy to take abalone and having abalone out of the shell.

- Earl O. Coats was placed on a 24-month probation for conspiracy to take abalone and having abalone out of the shell. He was fined $1,586, ordered to complete 100 hours of community service, and ordered to forfeit his dive gear and abalone.

- Yong S. Kim was arraigned for taking abalone before/after legal hours in 2002. He will enter a plea on Aug. 12 after securing an attorney. Judge Lehan had him sign a WPTA after his six-year absence.

- Carman J. Miller, Jerry A. Miller, and Lane A. Miller all pleaded no contest to conspiracy to take abalone and having abalone out of the shell. Each was placed on a 24-month probation, fined $1,586, ordered to complete 100 hours of community service, and forfeit his/ her dive gear.

- Delina A. Syndergaard was placed on a 24-month probation for conspiracy to take abalone and possession of abalone out of the shell. She was also ordered to complete 100 hours of community service, pay a fine of $1,478, and surrender her dive gear and abalone.

Tuesday, July 29, 2008

- James Barreras pleaded no contest to having five abalone over the limit. He was placed on a 24-month probation, sentenced to five days in MCJ (SWAP OK), fined $1,782, and was ordered to forfeit his dive gear and abalone. His attorney, Ryan Perkins, argued that the law was written in such a way that only those convicted of an offense would be candidates to have their dive gear forfeited. Deputy District Attorney Tim Stoen replied, "I'd like to commend Mr. Perkins on coming up with the most creative argument I've ever heard." He then argued that a guilty plea was tantamount to being found guilty. Judge Lehan agreed with the district attorney.

- Bo H. Chen and Bo X. Chen were each placed on 12-month probations, fined $1,350, and ordered to surrender their dive gear when they each pleaded no contest to having one abalone over the limit. - J. B. Chong had three abalone over the limit and was placed on a 12- month probation, fined $1,566, and was ordered to forfeit his dive gear and abalone.

- Matthew S. Ellis pleaded no contest to having seven abalone over the limit. He was placed on a 24-month probation, fined $1,998, was sentenced to five days in MCJ (SWAP authorized. DDA Stoen had asked the court to impose a seven-day sentence), and was ordered to forfeit his dive gear and abalone. - Steven J. Ellis had three abalone taken by another. He was placed on a 12-month probation, fined $1,566, and ordered to forfeit his dive gear and abalone.

- Weizhao Guan possessed two abalone over the limit and was placed on a 12-month probation, fined $1,458, and ordered to forfeit his dive gear and abalone. - Guang Q. He pleaded guilty to having six abalone over the limit and was placed on a 24-month probation with five days in MCJ (SWAP authorized). He was fined $1,890 and ordered to forfeit his dive gear and abalone. - Jian F. He pleaded no contest to having three abalone over the limit. He was placed on a 12-month probation, fined $1,566, and ordered to forfeit his dive gear and abalone. - Kenneth W. Ho had four abalone over the limit and was placed on a 12-month probation, fined $1,674, and ordered to surrender his dive gear and abalone.

- Daniel G. Kahng had one undersized abalone and was placed on a 12- month probation, fined $1,350, and ordered to forfeit his dive gear and abalone.

- Yong J. Kim was accused of using the fishing license of another person. After hearing his story, Judge Lehan reduced the matter to an infraction and fined Kim $201.50. - Young H. Kim was placed on a 12-month probation, fined $1,458, and ordered to forfeit his dive gear for failure to reattach two abalone. - De Z. Kuank pleaded guilty to having six abalone out of the shell at an abalone checkpoint. He was placed on a 24-month probation, fined $1,890, sentenced to five days in MCJ (SWAP authorized), and ordered to forfeit his dive gear and abalone. - Jin M. Leung pleaded guilty to having an altered abalone punch card and to exceeding her annual limit by more than 12. She was placed on a 24-month probation, sentenced to 10 days in MCJ (SWAP authorized), fined $2,538, and ordered to forfeit her dive gear and abalone. - Xin Y. Li pleaded guilty to having two abalone taken by another. She was placed on a 12-month probation, fined $1,458, and was ordered to forfeit her dive gear and abalone. - Raymond W. Lui failed to reattach nine abalone and was placed on a 24-month probation, fined $2,214, sentenced to five days in MCJ (SWAP authorized), and ordered to forfeit his dive gear and abalone. - Yao Y. Ma pleaded guilty to possessing six abalone over the limit. He was placed on a 24-month probation, sentenced to five days in MCJ (SWAP authorized), fined $2,214, and ordered to forfeit his dive gear and abalone.

- George T. McCormick pleaded no contest to an abalone violation and was placed on a 12-month probation, fined $1,242, and ordered to surrender his dive gear.

- Jae M. Park pleaded guilty to having three undersized abalone. He was placed on a 12-month probation, fined $1,566, and ordered to forfeit his dive gear and abalone.

- Carmen Yee pleaded guilty to possessing four abalone over the limit. She was placed on a 12-month probation, fined $1,774, and ordered to forfeit her dive gear and abalone. - Un I. Yi pleaded guilty to having two abalone over the limit. He was placed on a 12-month probation, fined $1,458, and was ordered to forfeit his dive gear and abalone. - Ke Zhu pleaded guilty to having two abalone over the limit. He was placed on a 12-month probation, fined $1,458, and ordered to forfeit his dive gear and abalone.