By Cindy Chen
SANTA CLARA, CALIFORNIA — At a recent sentencing hearing in Santa Clara Superior Court last week, Judge Robert Hawk overruled Assistant District Attorney Steven Fein and reduced the sentence for a 25-year-old man charged with a drug offense, despite prosecutors’ request for a three-year prison term.
Judge Hawk specifically emphasized that the crimes were not violent or serious crimes and took into account the young age of the defendants at the time of the crime.
The defendant received his first violation at age 19 and was charged again at age 24 for smoking marijuana in a car with a minor. He had received a warning for the same offense just one month earlier.
Judge Hawk, who withdrew his previous objection, acknowledged that the defendant had accepted responsibility for his actions and had participated in important rehabilitation programs during his imprisonment.
“I believe his future prospects are positive. Of course, it is up to him whether or not those positive prospects become a reality, but he has participated in many programs while in prison. He was employed at the time of this crime, so I hope the young man takes his chance instead of going to state prison,” Judge Hawk said.
The judge also stressed that the case did not meet “the spirit of the three strikes law” because the defendant was so old and the crime was not serious. He decided to expunge the previous offense so that he would no longer be subject to the three strikes law and imposed a two-year prison sentence with additional credit for community service.
DDA Fein argued, “The legislature did not classify the charges to which the defendant pleaded as misdemeanors… it made them a 3-4-5 misdemeanor, which shows how seriously the legislature takes the matter.”
The prosecutor added that the defendant had previously been warned against smoking with minors and that a gun had been found in the car, which was not mentioned in the probation report. In addition, the DDA alleged that the defendant had been socializing with gang members, which violated his probation.
Judge Hawk then stated that although there was “no doubt that this was a crime,” he stood by his decision. He clarified that the two-year sentence was based on his own assessment and not on the probation report.
“I do not want to downplay the conduct in this case. It was wrong, it was unlawful and, as the prosecutor pointed out, there were warnings about it,” Judge Hawk acknowledged.
However, he concluded that a prison sentence would not necessarily help the defendant distance himself from gang life. “I have decided that I will not send him back to prison … it is my judgment and I believe (that) is a just punishment.”
Despite the prosecution’s motion, Judge Hawk imposed the sentence and sentenced the defendant to two years in the county jail, to be served concurrently (non-consecutively), plus credit for community service.
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Marijuana Minor Santa Clara County Three Strikes Law Weapon
