Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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STATE OF RIDGEWAY SUPERIOR COURT FOR RIDGEWAY COUNTY STATE OF RIDGEWAY; -v- YouHaveBeemKNOMED, Defendant. Case No. RSC-CM-2396 NOTICE OF APPEARANCE Presiding Judge: Hon. TaxesArentAwesome ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ MOTION TO STRIKE ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Comes now the defendant, YouHaveBeemKNOMED, by and through his counsel to move to strike the Criminal Information as filed with the Court on March 6th, 2024. The Criminal Information as submitted contains erroneous citations to the classification and sentencing of the brought offenses as codified by the State Criminal Code (S.C.C.). Rid.Crim.R.P. 3(d) allows for a party to motion the court for an Amended Criminal Information to be filed. Within this specific case however, the state has failed to meet the defendant’s cause or nature of the charges against him. ARGUMENT Within the filed Criminal Information the state contends that Trespassing is classified as a felony bringing a sentence of 20 minutes when in reality it is a misdemeanor carrying a 10 minute sentence (citing Criminal Information as filed on March 6th, 2024). The state further submitted to the record that Vandalism is codified at “5 S.C.C § 07” when in reality it is codified at 4 S.C.C § 07 supra. As well, the state classified Vandalism as a felony carrying a sentence of 20 minutes, when it is a misdemeanor carrying a sentence of 10 minutes supra. The state within this case has failed to bring forth the cause and nature of the offenses against the defendant successfully pursuant to Rid.Const. Art. 1 § 6. A criminal information pursuant to Rid.R.Crim.P. 6(a)(1) must be attached to a summons finding probable cause for a criminal defendant to appear. Within the present case matter, the state has failed to file sufficient criminal information and the Court has erred in finding cause to summon the defendant. The matter and nature of an offense to be known is a fundamental due process right to allow for a defendant to prepare a reasonable defense (Cole v. Arkansas, 333 U.S. 196 (1948); Amendment VI, U.S. Constitution). In Cole the U.S. Supreme Court held that the State of Arkansas failed to preserve due process rights for simply declaring a defendant to be charged under the wrong section of a substantive criminal law. Within this case, the state has failed to cite proper authority and furthermore classified two misdemeanors as a felony. Being charged with a felony is prejudicial to the defendant as it impacts employment and other opportunities afforded to him. CONCLUSION The state within this matter has failed to cite correct substantive statute and further failed to show the nature of the offenses against the defendant pursuant to Rid.Const. Art. 1 § 6. Likewise, it appears the court has committed an error by executing process on the defendant before properly processing and examining the filed Criminal Information for technical and substantive deficiencies. For the foregoing reasons, the Defendant hereby motions to strike the Criminal Information as filed on March 6th, 2024. The defendant is entitled to submit a pretrial motion before an assigned trial date pursuant to Rid.R.Crim.P. 13(d)(2) as it does not pertain to discovery, but the Court should judiciously consider this motion before pretrial conferencing occurs to protect the due process rights of the defendant. DATED: March 10, 2024 Respectfully submitted, /s/TacticalRummy_______ TacticalRummy, Esq. Assistant Public Defender Prosecutions Section R. Bar No. 11109 1100 Lakeside Drive Palmer, Ridgeway 80013 Counsel of Record CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this March 10, 2024, a copy of the foregoing motion was submitted to the Department of Justice via electronic submission. /s/TacticalRummy TacticalRummy, Esq. Assistant Public Defender

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