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HomeMy WebLinkAbout03-3673.... 03-3t, 73- iv;I Te ,m iN THE COURT OF COMMON PLE~9 OF 0~MBEqL%ND CRiMiNal DiViSiON c.P. # 5~6 CR 92 %~LER L~VELLR P0[NTEq, Petktkoner, ROBERT W. MEYERq, qupertnten~ent ~GE-Roekv[ew, P~, Respondent [, ~s~ler L~velle Pointer, hereby ~eel~re un~er the penalty of perjury pursuant to IS Pa. C.q, ~4~d4 that: ~. £ h~ve brought this act[on in goo~ 2. [ am a pauperis as ieftne~ by law ~ni c~nnot affor~ to pay the cost of proceeding in this court, nor can [ mffort to hire counsel, 3. The foregoing is true an~ correc~ to the best knowledge, information ~m{ belief. THEREFORE, [ ~M REQUESTING LEAVE TO PROCEED iN FORM~ P%UPER[~: ' ~s~l~r L. Pointer, af£i~nt ~C[-Rockview, Bel~efonte, P~ COU~T OF COMMO~ PLE~q OF CUMBErLaND COUNTY July ~th 2qq~ Curtis R, Long, Prothonotary Cumberland Couaty Court o~ Common Pleas One Courthouse qquare Carlzsle, P~ 1'~01~-~v [, Asaler L. Poznter, hereby ~erz~lss and declares under the pentlty 'of perjury pursuaat to T~Le ~. [ ha~e brought thzs mctzon ~n good f~th. q. That [ am · p~mper as defznei by law anJ cannot affori to pay the cost of proceedzag ~n ~hzs cour~ nor, c~n [ afCor~ to h~re couasel to represea~ me. mo~ths and, currently [ am smploge~ as mn ~nm~te k~tchen worker a~ ~C.[-qock~zew, Bell~foa~e P% ~nd, my monthly wage ars ~pproxzmately 3. £ do not own a checkzng or bankzng accounts. The foregozng z true and correct to the best of my'knowledge, · nformatzoa aad belzef. THEREF0~E, [ ~M RE~UE~T£~G PAGE " i INMATE ACCOUNTS SYSTEM 07-17-2003 D-A1-4035 MONTHLY ACCOUNT STATEMENT 1713 ROC INMATE NAME NUMBER LAST DS6319 POINTER BATCH DATE # MO DY YEAR 9306 06-26-2003 34 458 07-08-2003 38 470 07-09£2003 23 8191 07-10-2003 32 8191 07-10-2003 32 495 07-14-2003 10 8198 07-17-2003 32 8198 07-17-2003 32 FIRST MI ASALER L TP, ANSACTION DESCRIPTION ~.DIO/~ I~SIDE LIBRARY COPIES~ 6/27 PERSONAL GIFT PROM ~ERSON, S ROC CO~ISS~Y FOR 7/10/2003 ROC CO~ISS~Y FOR '7/10/2003 ~I~EN~CE PA~OLL (~) WAGES R0C C0~ISS~Y FOR 7/17/2003 ROC CO~ISS~Y FOR 7/17/2003 #057184 OLD BALANCE .47 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION -15.25 -14.78 -.40 -15.18 100.00 84.82 -15.90 68.92 -43,91 25.01 20,85 45.86 -15.90 29.96 -28.37 1.59 NEW BALANCE AS OF THIS STATEMENT ................... > 1,59 £N T~E COURT O'F COMMON PLEAq OF CUMBERLAND COUNTY Cq[M[NAL O.P. · 5f6 Cq ~2 ASALER LAVELLE POINTER, Pettt[oner, ROBERT W. MEYERD, *upertntendent ~C[.-Rockvtew, p~, Respondent (gJ ton TO THE HONORABLE J. WESLEY OLER, COME2 NOW, ~saler Lavelle the above-captioned matter ~. This [s a correct Illegal sentence': ~.R., JUDGE OW TqM e~CB COUqT: Potn{er, the ~Eo. ~[ Petitioner of and, respectfully represents the r0r writ of '~beas corpus, motion to 2. [n the case of Q~o_n_E~_K~_[~a_b_~, 44~ ~.zd f2~~, our ~upreme Court prescribed 'habeas corpus unier ~2 Pa. C.*.~. ~6~D2 as the'appropriate remedy to challenge illegal sentence. ~. £n the ~astant matter, petitioner challenges that, the HesPondent's refusal to ran 'petitioner's Maryland sentence wtth his PennsylvanLa sentence violates the tsFms an~ tnteut of the interstate ~greement on Debalners. ~. Petitioner was sentenced to ten years tn a qtate CorrectLonal £nst~tutlon tn Maryland under Washington County C~rcu~t Court #013323, with credit time from October 7, ~i to March 22, 17~3. ~. ~ubsequently, on March 22, 1~4, Judge Ole sentenced petitioner to five to ten years with credit from October *, ~. - ! 6. Petationer was paroled from his Maryland sentence on ~ugust 17, ~¥~s to h~s concurrent Cumberlant County sentence aah, eCl-Camp Hall denned ham credat from October I?, ~V~. 7. Petat~oner belaeves and, therefore aver that, he has been denned of bY raghts to due process law. ~aace, at was pettt~oner's Un,~erstaad~ng that, by resolving · h~s outstandang cramaaat charges ~etatners ~n another state, under iAD, A2 Pa. C.C.~. ~9~0~, has sentences woul~ run concurrently and, all credit t~ms woul~ amount to a single tsrm oF confinement an~, on or about October 7, 200~ both has Maryland and, Pennsylvania sentences would have completely ~. The purpoe of [~D ts to encourage the expeditious an~ orderly d~sposat[on of charges and at purpose "is to promote ant Foster prisoner treatment and rehabtlatataon programs by eliminating uncertainties whach accompany the ftl~ng of detainer." Cee, Oom~E~_dkk_v_~_dLoy!, 4~ ~.2d ~, ~75 9. Because the legtslattoa to be laterally construed tn favor of the prisoner so as to effectuate ~ts purpose. lO. For the foregoaag reasons petataoner requests that thts Court ~ssue a writ of habeas corpus commandang ~espondent to afford pet~tloaer the expected beneftt he belaeved he woul~ recelve under the £nterstate Agreement on Detataer; crediting his current sentence to commence on October 7, I~l an~, cha~Ee bls mantmum sentence from February 22, 2003 to October ?, 1996 and, therefore ~eclarang that petattoaer has ia fact serve~ hfs Cumberland County sentence, completely. WHEREFORE, petattoner procedural due process of law. Dated: June ~_ , 2005 requests the relaef sought under ASALER LAVELLE POINTER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. MEYERS, Superintendent, Respondent CIVIL ACTION--LAW : No. 03-3673 Cl ~/! L~ PETITION FOR WRIT OF HABEAS CORPUS BEFORE OLER, J. ORDER OF COURT AND NOW, this 19th day of August, 2003, upon consideration of Petitioner's Petition for Writ of Habeas Corpus, the Cumberland County Public Defender's Office is appointed to represent Petitioner and his request to proceed in forma pauperis is approved. IN THE EVENT that a hearing is not requested by Petitioner's counsel within 30 days of the date of this order, the Petition will be deemed automatically dismissed pursuant to the reasoning of the accompanying opinion. BY THE COURT, . / J. ,Wesley Oler, JJ., J.'-' ' ~ael Mervine, Esq. tant District Attorney ,A~fice of the Public Defender ~aier Lavelle Pointer- DS-6319 SCI-Rockview Box A Bellefonte, PA 16823 Petitioner ASALER LAVELLE POINTER, Petitioner ROBERT W. MEYERS, Superintendent, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION--LAW : No. 03-3673 PETITION FOR WRIT OF HABEAS CORPUS BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., August 19, 2003. In this habeas corpus action, a state prisoner.seeks an order from this court directing the superintendent of the state prison where he is housed to credit him with certain time on a sentence imposed by this court for two armed robberies.~ The gist of his position appears to be that the Commonwealth failed to apply credit for time being served on a Maryland sentence prior to the date of imposition of his Pennsylvania sentence.2 Petitioner has requested the appointment of counsel and permission to proceed in forma pauperis.3 STATEMENT OF FACTS The following excerpts from a guilty plea colloquy in Defendant's case set forth the facts, as agreed upon between the Commonwealth and Petitioner, of the robberies which occurred in Pennsylvania, in the early morning hours of October 5, 1991: Factually, what occurred, there was a robbery committed by the defendant and three co-defendants at the Carlisle Texaco in South Middleton Township[, Cumberland County, t Petition for Writ of Habeas Corpus, para. 10. 2 Petition for Writ of Habeas Corpus, paras. 4-6. 3 See "Order To Show Cause," paras. 1-2. Pennsylvania,] at 920 Walnut Bottom Road. The defendant entered the Texaco store, approached the night clerk, a Mr. John Risser, Rd-s-s-e-r, a 62-year-old man. He was the only one in the store at the time. He approached him at the counter, [displayed a handgun], forced him to the floor, picked him up and took him back to the cash register, ordered him to open the register, while during this time holding the handgun .... As Mr. Risser complied with the order, the defendant took cash from the register. He then went and removed cash from what's called a day drawer. He forced Mr. Risser to the ground after taking the cash. He knocked off his glasses that Mr. Risser was wearing and stomped on them, breaking them, and ordered him to stay on the floor. He then fled the scene with his co-defendants. As he was doing this, two of his co- defendants were taking cartons of cigarettes, approximately 48 to 50 cartons of cigarettes. The total cash that was taken by the Defendant was $269.63. The total cartons which were taken by his co-defendants, cartons of cigarettes, valued approximately $800.00. So it was a total of a $1069.63 stolen during this robbery at the Texaco. The three co-defendants are Phillip Meyer, Victor Rego, Gregory Miller. All three of those co-defendants confessed to the police after being apprehended in .Maryland later that morning, which occurred on October 5th, 1991. This robbery occurred at approximately 1:40 a.m. in the morning. The three co-defendants confessed to the police after being arrested, implicating all four, including this defendant, Mr. Pointer. Those would be ~e hcts as to Coum A-1. Count A-2, they fled that scene in South Middleton and drove down [Interstate Rome] 81, got off the Shippensburg Exit, and entered Mr. B's, which is on 702 East King Street in Shippensburg[, Cumberland County, Pennsylvania]. The defendant, at about 2:13 a.m., entered that store, pulled a gun on the cashier, who was the only attendant in the store. It was a female, Beth Ann Albin, was approximately 21 years old at the time. He walked behind the counter, ordered her to open the register, told her to get down on the ground. When she hesitated, he hollered at her to get down on the ground. He 2 entered the register and grabbed cash while the others were taking merchandise from the store. As he was fleeing the store, she was told by one of the defendants, don't get up or we'll fuck you up, bitch. The defendant then fired a gun in the direction of the victim, a round. A round was found in an overhead right (sic) over the counter, approximately six, seven feet high, by the State Police when they conducted their investigation. A total of approximately $181.00 of both the cash and merchandise were taken from this store. Again, the defendant was involved with the same co- defendants, Phillip Meyer, Victor Rego, and Gregory Miller, all of whom confessed when they were arrested in Maryland. Shortly after these robberies, there was a marked two dollar bill which was taken during this robbery which was found on the person of Mr. Pointer at the time of his arrest. This--his co- defendants confessed and implicated themselves and Mr. Pointer in this robbery.4 Each robbery was a felony of the first degree.5 Each carried a mandatory minimum sentence of at least five years in prison.6 ¥IItere was no agreement as to (a) the sentences to be imposed for the offenses, (b) whether the sentences would run concurrently with each other, or (c) whether they would run concurrently with any other sentence being served by the defendant.7 On March 22, 1994, the court sentenced the defendant to concurrent periods of incarceration in a state correctional institution of not less than five years nor more than ten years.8 The sentence imposed, as noted by the court, was the mandatory minimum required by law for each oft~nse.9 At the time of the 4 N.T. 3-5, Guilty Plea Colloquy, Commonwealth v. Pointer, 516 Criminal 1992 (Cumberland Co.). The court may take judicial notice of Defendant's criminal case. See Doxsey v. Commonwealth, 674 A.2d 1173, 1174 (Pa. Commw. 1996). 5 N.T. 2, Guilty Plea Colloquy, Commonwealth v. Pointer, 516 Criminal 1992 (Cumberland Co.). 6 N.T. 8, Guilty Plea Colloquy, Commonwealth v. Pointer, 516 Criminal 1992 (Cumberland Co.). * N.T. 5, Guilty Plea Colloquy, Commonwealth v. Pointer, 516 Criminal 1992 (Cumberland Co.). 8 Order of Court, March 22, 1994. 9 Order of Court, March 22, 1994. sentence, the defendant was serving sentences in Maryland as to which he had received credit in Maryland from October 7, 1991.1° As recommended in the defendant's presentence investigation report, credit was given by this court on the Pennsylvania sentence from October 7, 1991, which was the date of Defendant's arrest in Maryland for the Pennsylvania offenses? However, the court indicated to the defendant that there was no certainty that this credit would be legally cognizable, and that in the event that the Pennsylvania parole board concluded that it was not cognizable this court would not be in a position to compel its recognition.~2 Counsel for the defendant acknowledged the defendant's awareness of this? Petitioner, according to the habeas corpus petition, "was paroled from his Maryland sentence on August 17, 1998 to his concurrent Cumberland County sentence and, SCI-Camp Hill denied his credit from October 17, 199174 Although not clearly of record, it is evident from Petitioner's petition that he was, at some point, thereafter paroled on this court's sentence by the state parole board and subsequently recommitted by the board on a parole violation? Citing the Interstate Agreement on Detainers,~6 inter alia, Petitioner requests that this court direct the superintendent of the State Correctional ~o See Presentence Investigation Report, Commonwealth v. Pointer, 516 Criminal 1992 (Cumberland Co.), at 8. ~ See Order of Court, March 22, 1994; Presentence Investigation Report, Commonwealth v. Pointer, No. 516 Criminal 1992 (Cumberland Co.), at 1, 3. ~2 N.T. 3, Sentencing Colloquy, March 22, 1994. 13 N.T. 3, Sentencing Colloquy, March 22, 1994. ~4 Petition for Writ of Habeas Corpus, para. 6. ~ See Petition for Writ of Habeas Corpus, para. 10 (allegation that state now regards February 22, 2003, as date of first opportunity for defendant's (re)release). Petitioner's county probation file contains a letter dated December 2, 1999, from the Pennsylvania Board of Probation and Parole advising of his parole. ~6 Act of July 9, 1976, P.L. 586, 42 Pa. C.S. §§9101 et seq. 4 Institution at Rockview, where he is housed, to accord him credit from October 17, 1991, on the sentences imposed by this court on March 22, 1994.~7 DISCUSSION The relief requested by Petitioner from this court does not, on the face of the petition, appear to be sustainable, for reasons related both to the merits of the issue presented and to jurisdiction. With respect to the merits, it is noted that at the time of Petitioner's sentence on March 22, 1994, Pennsylvania Rule of Criminal Procedure 1406(c) provided as follows: When, at the time sentence is imposed, the defendant is imprisoned under a sentence imposed for any other offense or offenses, the instant sentence which the judge is imposing shall be deemed to commence from the date of imposition thereof unless the judge states that it shall commence from the date of expiration of such other sentence or sentences. Pa. R. Crim. P. 1406(c)(1964). "It is clear that under this rule [that] a sentencing judge cannot direct that a sentence commence on a date prior to the date of sentencing when the defendant is serving time on an unrelated charge." Doxey v. Commonwealth, 674 A.2d 1173, 1175 (Pa. Commw. 1996); see Taglienti v. Department of Corrections, 806 A.2d 988, 992 (Pa. Commw. 2002) (interpreting 42 Pa. C.S. §1761(b), relating to credit for sentences imposed by other sovereigns); Wassell v. Pennsylvania Board of Probation and Parole, 658 A.2d 466, 469 (Pa. Commw. 1995); Doria v. Department of Corrections, 158 Pa. Commw. 59, 62-64, 630 A.2d 980, 982-83 (1993). Where a sentence contains an incorrect attribution of credit, a court has no authority to order a state official to apply the unauthorized credit. See Doxey v. Commonwealth, Department of Corrections, 674 A.2d 1173, 1175 (Pa. Commw. 1996); Brown v. Commonwealth, Department of Corrections, 686 A.2d 919, 921 (Pa. Commw. 1996); Jones v. Department of Corrections, 683 A.2d 340, 342 (Pa. Petition for Writ of Habeas Corpus, para. 10. 5 Commw. 1996). For these reasons, it does not appear that Petitioner can prevail on the merits of his petition. With respect to jurisdiction, Petitioner's petition is in the nature of a mandamus action.~8 Jurisdiction in such cases, under circumstances similar to those herein, does not lie in the court of common pleas. See, e.g., Taglienti v. Department of Corrections, 806 A.2d 988 (Pa. Commw. 2002). For the foregoing reasons, it does not appear to the court that the petition will succeed on the merits or that this court has jurisdiction to adjudicate it. However, in order to afford petitioner legal representation on the matter, the court will appoint the Cumberland County Public Defender's Office to represent him on the petition and will permit him to proceed in forma pauperis. ORDER OF COURT AND NOW, this 19th day of August, 2003, upon consideration of Petitioner's Petition for Writ of Habeas Corpus, the Cumberland County Public Defender's Office is appointed to represent Petitioner and his request to proceed in forma pauperis is approved. IN THE EVENT that a hearing is not requested by Petitioner's counsel within 30 days of the date of this order, the Petition will be deemed automatically dismissed pursuant to the reasoning of the accompanying opinion. BY THE COURT, Michael Mervine, Esq. Assistant District Attorney s/J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. ~8 "Mandamus will lie where there exists a right on behalf of the party seeking relief in mandamus. Thus, a writ of mandamus can be used to compel the Department of Corrections to compute properly a prisoner's sentence." Brown v. Commmonwealth, Department of Corrections, 686 A.2d 919, 921 (Pa. Commw. 1996) (emphasis omitted), quoting Doxsey v. Commonwealth, Bureau of Corrections, 674 A.2d 1173, 1174 (Pa. Commw. 1996). 6 Office of the Public Defender Asaler Lavelle Pointer- DS-6319 SCI-Rockview Box A Bellefonte, PA 16823 Petitioner 7 IN TRE COURT OF COMMON PLE~ OF CUMBERLaNd) COUNTY CR[MCN ~L DIVISION C.P; ~ 516 OR 92. &~LER L~VELLE POINTER, Pettttoner, ROBERT W. MEYERS, 9uper[ntendent qC[-Rockview~ P~, Respondent AND NO~, this ~ -day Of .... , 200S, of the attached PETIT[ON FOR WRET OF ~&BE~ CORPU~ £ilsgal ~entence~, an Order to qhow Cause upon consideration (Motion to Correct issued upon the 2005, [n Courtroom No. ___ Cumberland County Courthouse, One Courthouse ~quare, Carlisle, P~ ~?Ol~ at 9:RO p.m. iT [~ FURTHER ORDERED THAT: ~l. Petitioner's request for leave to proceed ~R ~o_r_~ R~u_R~_~4~ is GRANTED. 2. The Public Defender of Cumberlan~ County ts appointed as counsel to represent petition in this court an~, tf necessary on appeal. ~. The Clerk of Court shall provide' all parttes with a copy of this Order~ BY TRE COURT: J Hon. J. Wesley Oler, Respondent, and this Order is returnable on the ___ day of _-__ , £N THE COgRT OF COMMON PLEAg OF CUMBERLAND COUNTY C~[M[NAL O.P. $ 516 0R 92 ASALER LAVELLE POINTER, Petitioner, ROBERT W. MEYERs, *uper[ntendent . ~C[.-~ockview, p~, Respondent PET[T£ON_~OR ~I~_£T OF ~ABEA~ CORP~ TO THE HONORABLE ~. WESLEY OLER, ~R., YUDQE OF TRE e~[~ COURT: COME2 NOW, Asaier LaveLle Pota~er, the ~ ~ Petitioner of the above-eapt[onei matter and, respectfully represents the I. This ts a pettt[o~ for Writ of b~beas correCt illegal sentence. corpus, motion to ~. in the case of Commonwealth v. [sabell, tq~ A.~ ~2~, our 2upreme Court prescribed 'habe~s corpus artier ~2 Pa. C.*.i. as the appropriate remedy to challenge illegal sentence. ~. In the instant matter, pettttoner challenges that, the Respondeut,s refusal to run pettt~on'er,s M~ryLand sentence with his Pennsylvania sentence violates the t$~ms ant £ntent of the £nterstate Agreement on Detainers. 4. Petitioner was sentenced to ten years in a ~tate Correctional £nstttutton in Maryland under Wash£ngton County Circuit Court #01~23, w~th credit time from October 7, ~i t° March 22, ~V~3. ~. ~ubsequently, on March 22, ~4, Judge Otc sentence4 petitioner to f[ve to ten years with credit from October u, ~V~I. - I - 6. Petitioner was paroled from his Maryland sentence on ~ugust ~, I~S to his concurrent Cumberland County sentence and, ~C[-Camp Hill denied him credit from October ~7, ~. 7. Petitioner believes an~, therefore aver that, he has been denned of h~ rights to due process of law ant equal protectaon of law. 9ince, it was Petit[oner's understanding that, by resolvang his outstanding criminal charges ~ietainers~ in another state, under fAD, &2 Pa. C.q.~. {9~0~, his sentences would run concurrently and, a~l credit time would amount to a sangle term of confinement and, on or about October 7, ~OOf both his Maryland and, Pennsylvania sentences would have completely expire~. S. The purpoe of [~D ks to encourage the expeditious ant orderly dasposition of charges and ~t purpose "ts to promote and foster prisoner treatment and rehabtlatation programs by eliminatang uncertaanties which accompany the f~l~ng of ~etainer." ~ee, Commonwealth v. Llol~, ~! ~.2d ~, ~75 ~Pa. euper. ~9~1. 9. Because the legislation is remedial in character, it as to be l~beral[y construed in favor of the prisoner so as to effectuate its purpose. Commonwealth v. Ll~Ed~ su_~ra. fO. For the foregoing reasons petitioner requests that this Court issue a writ of habeas corpus eommandang Respondent to afford petitioner the expected benefit he believed he woul9 receave under the £nterstate Agreement on Detainer; crediting his current sentence to commence on October 7, ~9~f and, chan~e has minimum sentence from February 22, 2003 to October 7, f996 an~, therefore ~eclaring that petitioner has completely. W~tEHEFOHE, petit~oner procedural due process of law. in fact served his Cumberland County sentence, Dated: ~une ;~_o_ , RO03 requests the relief sought under ~ s ctf ly tied, 3~]~r Lavalle Pointer, iN COgRT OF COMMON PLE~ C~[M[N~L DiViSiON Petitioner, V® ~OBER? W. MEYERq, qupertnten4ent *C[-Rockv[ew, p~, Respondent ~TATEMENT £N ~]PPORT OF £N FORg~ P~PER[~ REq~T [, Asaler Lavelle Pointer, of perjury pursuant to the cost counsel. un,er the penalty hereby teclare ~s Pa. C.~, ~4~J4 that: [ have brought tb~s ~ct[on in goo4 faith. £ am ~ pauper,s as define4 by law an4 cannot af~or4 to pay of proceeding in th~s court, nor can [ affor4 to hire ~. The forego[ng is true an~ correct to the bsst of my knowledge, information ~ belief. er ~. Pointer, afl%ant qg[-Rockv[ew, [~ THE COURT OF COMMON ?LE~2 OF CUMBERLAND COUNTY July ~th q~o~ Curtis R, Long, Prothonotary Cumberland County Court of Common Pleas One CourthouSe q~uare Carlzsle, P~ l~lq-qqqv £, lmal~r L. Pozater, h~reby werzfl~s and pem~lty of perjury pursuant to Tz~le lq Pa. 3.~. declares under the ~i ~hat: 1. [ ha~e brought thzs action in good as defzn~t b~ '[~w an4 cannot aCCor~ to zn th~s court nor, can [ aCfor~ to h~re 2. That [ a~ ~ p~uper pay the cost of proc~edzag CO~3e~ tO repr~se~t me. 2. £ hav~ been incarcerated for o~r ~ contlnu~l mo~ths and, currently [ am smplofe~ as an inmate kitchen worker at ~C[-Rockvzew, Bellefoate P~ and, my monthly wag~ ~r~ mpproxzmatelM ~O to ~5 per/moath. ~ee, Exhzb~t ~. 9. £ do ~ot own a ch~ckzag or bank~ag accounts. The foregozng z true and correct to the best of my knowledge, zmformatzon ~nd b~lzef. THEREFO1E, PAGE D-A1-4035 INMATE NAME NUMBER LAST DS6319 POINTER BATCH DATE # MO DY yEAR 9306 06-26-2003 34 458 07-08-2003 38 470 07-09-2003 8191 07-10-2003 32 8191 07-10-2003 32 495 07-14-2003 10 8198 07-17-2003 32 8198 07-17-2003 32 INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI ASALER L TP. ANSACTION DESCRIPTION BA~io/'~ BAS~ ¢_..,~E ~ I~SID~ F~'~BASES LIBP. ARY COPIES~ 6/27 P~RSONAI, GIFT FROM A/~DERSON, S R0C COI~4ISSARY FOR 7/10/2003 ROC COMMISSARY FOR 7/10/2003 MAINTENANCE pAYROLL (JUNE) WAGES ROC COMMISSARY FOR 7/17/2003 ROC COMMISSARY FOR 7/17/2003 #057184 07-17-2003 1713 ROC OLD BALANCE .47 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION -115.25 -14.78 -.40 -15.18 100.00 84.82 -15.90 68.92 -43.91 25.01 20.85 45.86 -15.90 29.96 -28.37 1.59 NEW BALANCE AS OF THIS STATEMENT ................... > 1.59