FINAL OISPOSnlUI':

ELONY SENTENCE ISDEMEA~OR SENTENCE ~::i

B/M

THE STATE OF GEORGIA

VS

ON COUNT(S) _

MI TC HE LL AVERY

;;iCE;' J '\ ~UILTY ON COUNT(S) 1', o!.C NOLO CONTENDERE ON

COUNT(S)

o TO LESSER INCLUDEDOFFENSE(S)

Court that: Th41sald defendant ,IS hereby sentenced to confln

In

c puted as provided by law Y1~ HOWEVER, it is further ordered &y the Court a,.,yd C 1) THAT the above sentenc~served on proDatloo tJ.

~T opoo "~.,, pI _

WHEREAS, the above-named defendant has been found gUilty oi the above·stated ~ense, WHEREUPON, it is ordered and adjudged by the

ent fOffiOd o~ . ~ , .

e State Penal Sys em or such 9J.her ir.lstitl,ltion as the, com~~DeJja.Umf}.nt ot der Rehabili.l.ation may direct, to~

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~f the ",p" "ofeoo., Ihe "m"o'" of A ~ m.y b. ,,~ed 00 p"",,,"o

PROVIDED that the said defendan\ compiles with the following general and other conditions herein imposed Dy the Court as a part of this sentence

j

i ~. 0 i=IRST O;=FENDER SENTENCE ~I' WHeRCAS, said defendant h.as not previously been convicted ot a felony nor availed himself 0: the provision of the First Offender Act (Ga, Law,S ~I 1968, p- 324),

NOW, THEREFORE, the aelendant consenting hereto, it IS the Judgment of thiS Court that no Judgment a' guilt or sentence be imposed at thiS

time, but tha~ further proceedings are deferred and defendant !S hereby placed on probation tal the period of . from this date provided that said defendant complies With tne follOWing general and special conditions herein Imposed by the Court as part of

this sentence; ~' PROVIDED, furtner, that upon violation of the terms of probation. the Court may enter an adjudication of guilt and proceed to sentence1: defendant to tne maximum sentence prOVided by law Upon fulfillment of the terms oi probation, or upon release ot the defendant by the Court

o prior to the termination of the penod thereof, the defendant shall stand discharged of said offense charged and shall be completely ~ exonerated of guill of said offense charged, '0 Let a copy of this Order be forwarded to the Office of the State Probation System of Georgia, and to the Identification DIVision of the Federal

\ I Bureau of Investigation, ~ _ _ ~NERAL COND:TiONS OF PROBATION .~~ The defendant, havrng been granted the prIVilege of serving all or part of the above·stated sentence on probation, hereby is sentenced to the

~ following general conditions of probation,

~~HAT defendant not violate any State or Federal laws to be adjudged by the Court, " I HAT defendant make regular reports to the Adult Probation Officer of DeKalb County as directed; ~ 3) THAT defendant keep the "'dult Probation Otficer of DeKalb County informed at all times of the defendant's place 01 employment and

::l ~idence address;o

o C ~) THAT defendent shall, from time to time upon oral or written request by any probation officer, produce a breath, urine, and/or blood specimen for analySIS III for the possible presence of a substance prohibited or controlled by any law of the state of Georgia or of the United States, 0­o 2 5) THAT defendant pay a fine in the amount of $ plus $50.00 or 10% of said fine, which ever is less pursuant to the O,C,G.A, 15-21-70 and C pay restitution in the amount of $ ,'probation fee $ , Court cost $ attornet::s fee through Ine adult pr:Jbalior

~e~ as provided by said officer. J AI L Ft E $ 0 RUG PEN ALTY FIN t $ 213} THAT defendant undergo and successfully complete any~ orug, FAeRlel ReallR Sf eell:leatie,,61 program abiding by all rules, regulations

or directions of such program to include any aftercare deemed necessary as directed by the probation officer,

o OTHER CONDITIONS OF PROBATION IT IS F'-lRTHER ORDERED that the defendant abide by all other general conditions of proDation as set forth herein: _

INDICTMENT NC' 9 1- CR- 5 7 12 IN 7HE SUPERIOR COURT ( ":KALB CO.uN7Y

OFF EN SE(S) ---'-V---=cI---=c0--=L"-'A'--.:.T--=I--=-N:....::G~T___'_H.:....:E~G:....:E::...::O'__'_R.:....:G~I__=_A.:..._...

CONTROLLED SUBSTANCES ACT (TWO COUNTS:

POSSESSION OF FIREARM DURING

COMMISSION OF A CRIME12/22/65

~~ as S (C TS 1- 3 1 ~"--. TERM, 19 _9e...-=cJ..--l-.-_ =VERDICT / - _.. O~ OTtjEfl DlSPOSITlmJ

::: JURY [' GUILTY ON vNOLLE PROSEQUI ~ER C, NON·JURY COUNT(S) ON COUNT(S) -----"'~""'-----

0 NOT GUI LTY ON

COUNT(S) ------- ­ :: DEAD DOCKET ORDER ON c; GUILTY OF INCLUDED COUNT(S) ~

OFFENSE(S) OF ~

ON COUNT(S) (SEE SEPARATE ORDER)

IT tS THE FURTHER ORDER of the Court, and the defendant IS hereby adVised that the Court may, at any time, revoke any conditions of tnls probation andlor discharge the defendant from prObation The probationer shall be subject to arrest lor violation of anv conoltlon of pmbat'on nerein granted, I! such probation is revoked, the Court may order :he executlOr. of the sentence which was Originally imp05ed O' any porlJon thereof in the manner provided by law after deducting therefrom the amount of ti the defendant served on probation

So ordered this g:d: day Of~ ,19~,

Muhammad v. United States of America Doc. 18 Att. 1

Dockets.Justia.com

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r TRANS ,-PT - SUPERIOR CCURT OF DEKALB ~_.TY

STATE OF GEORGIA :f&

-VS- # #

MITCHELL AVERY MOSS # ------------------------------ _ . ---~/-C?£:-------~?~:i;9~-;;;;fi~~ j ~

The defendant, being sworn, makes the followlng answers to the court 1n the pr~g£ce~ attorney for the defendant and the district attorney:

(1) Are you able to hear and understand my statements and questions? Ans. ~~~__

(2) Are you JJ9w under Ans. ,tJ

the influence of any alcohol, drugs or any other substance?

(3) Has your lawyer explained the charges against you? Ans. '-"5-;L£.--­

_/'

(4) Do you understand that you have a ['ight to a jury trial? Ans. -7~~--

(5) Do you understand that you could have a jury trial by pleading not guilty or by remaining silent and not entering a plea? Ans. _~~~_

(6) Do you under~tand that you have the right to assistance of counsel during trial? ADs . ___-)£-:J

in, Do you unde~and that you are entitled to the presumption of innocence?\ ! J

Ans . --7~---

(8) Do you undeq;,tand that you have the right not to incriminate yourself?

Ans . --r~Z--

(9) Do you understand that at a jury trial you would have the right to question witnesses against you, the right to subpoena witnesses on your own behalf, and the right to testify yourself and to offer other evidence? Ans.~~~__

(10) Do you understand that by pleading guilty you are giving up all of those rights? Ans. -ttCS-­

(11) Has anyone made ...~ threats or promises to influence you to plead guilty in this case? Ans. _~~ _

(12) Have you had a chance to discuss your case thor-ough;Zy lawyer?w. -~your Ans. _~___ Who is your lawyer? ~' ~

-- ~-- ~- ~- -------------------- ­(13) Are you satisfied with the secvices and advice of your lawyer? Ans. ~~~__

(14) Do you understand that the district attorney has made the following recommendations?

-----------~-- ,'~- -~ __________~~ -------_------------- Ans. _

I'(15) The maximum sentence for these charges would be _~~~. Do you understand

that the court is not bound by any promises or rec~endations and that the court can impose that sentence? Ans. _~ ~

(16) How do you plead to the cha"ge, guilty or not guilty? Ans.~_ (17) ~~:.YO~_~guiltY? Ans.~ Do you want to plead guilty'

(18) Have you understood all these questlons and given truthful answers? Ans. /~.:::.

__

(19) If your sentence i. _ve years or greater, you have t 'ight to have your sentence reviewed by the J e's Review Panp.l. If you canr ,afford a lawyer to file a review, one will be appointed upon your request. )uU have thirty days from this date to file your request for a review of your sentence. Do you understand this right. Ans. _

FIRST OFFENDER INFOIMATION

Since you have asked to be treated under the provisions of the First Offender Act, there are some questions you must answer:

(20) Have you ever pleaded guilty or nolo contendere to, or been convicted of, a felony in the State of Georgia or in any other jurisdiction? Ans. _

(21) Has your lawyer explained the First Offender Act to you Ans.

(22) Have you ever been sentenced for any crime, felony or misdemeanor, under the First Offender Act? Ans.

I have read or heard all of the above questions and answers, and understand them to be the questions asked of me and the answers I have given i~-p~ you.... ' and they _are true and correct. ~ ~,. '~r;/

/ v4vd?/ / .::;/ / ::;/'7--'.DEFENDANT------------------j7--------------­I .

I hereby certify t~at the above questions were aske~th~e~endant and tpe answers were given by the defendant In my presence. -----%' / /~ .

~//-- - ~.------­---~/_---------~~-~--------------

/AT.!fOilNEY FOR THE;::BE'FENDANT// """

Sworn ~~d sUbS~~rl before me thiS~ /e:'­h~ _1 day of _~~~~~-_--, 19__~_.

_' _~ __.J;J!..._~~ __-------, DEPUTY CLERK, DEKALB SUPERIOR COURT~ CERTIFICATE

The undersigned Presiding Judge hereby certifies:

I. That the above-named defendant was sworn in open court fu,d the questions were asked him as set forth in the foregoing transcript, and the answers given thereto by said defendant are as set forth therein.

II. That the defendant, _~~I~_H.-~~~_!__~~~~_!1_Q.~~ , being represented by attorney , who was (court appointed) or (privately employed), pled guilty (we] i ulltembl c) as charged in the (Bill of Indictment) "O'iHliIllhll') (or) to the lesser included offense of , and in open court, under oath, further informs the court that he is and has been (1) fully advised of 'his rights and the charges against him; (2) the maximum punishment for said offense charged, and for the offense to which he pleads guilty (~li e8K~.R.Sl~); (3) that he is guilty of the offense to which he pleads guilty (0ik91o cOfiEeildCi e); (4) that he authorized a plea of guilty ~

*eZJLef~eie) to said charge; (5) that he has had ample time to confer with his attorney and to subpoena witnesses desired by Him; (6) that he is ready for trial; (7) that he is satisfied with the counsel and services of his attorney. And after further examination by the court, the court ascertains, determines and adjudges that the plea of gui 1ty ~

eeulcm:iu e) by the defendant is freely, understandingly and voluntarily made, and was made wi thout undue influence, compulsion of duress, and without promise of leniency. It is, therefore, ordered that this plea of guilty ~81o couleildcie) be entered on the minutes, and that this Transcript and Certificate be filed with the (Indictment) (~_ ).

DATE: _~4~__1!i , 199~_. _7_ ~ ,.".,..-:;'~_""""--_~J~

c COUNT _THRE_)'~_E _

The GRAf'~D LJURORS, selected chose" and sworn fo' the County Of DeKalb, aforesaid, !r the name and behalf of the

citizens of Georgia, charge and accuse

MITCHELL AVERY MOSS

of the County and State aforesaid, with the offense of

POSSESSION OF FIREARM DURING COMMISSIOK OF A O~IME

for that the said accused person in the County aforesaid, on the

--=8:....:t:..:h-=----- day of October 19~

did have in his possession a firearm, to-wit: a handgun during the

corrmission of tbe offense alleged in Count One herein

contrary to the laws of said State. the good order, peace and dignity thereof

DEKALB SUPERIOR COURT ROBERT E WILSON District Attorney

Special Presentment

COUNTTWO __

The GRANO .JURORS, selected. chosen and sworn for th(~ County of CleKalb, aforesaid, !n the name and behalf of the

citizens of Georgia. charge and accuse

MITCHELL AVERY MOSS

KENNY ELESTER ROLAND

of the County and State aforesaid. with the offense of

VIOLATING THE GEORGIA CONTROLLED SUBSTANCES ACT

for that the said accused person in the County aforesaid, on the

'""8.Lthl.l.- day of October 19~

did possess and have under their control, marijuana, less than one

ounce

contrary to the laws of said State the good order peace and oignlty thereof

DEKALB SUPERIOR COURT ROBERT E WILSON District Attorney

Special Presentm8nt

• S, ATE OF GEORGIA, COUr-- OF DEKALB BILL OF INDlC!ME~.£T

IN THE SUPERIOR COURT OF SAID COUf\JTY

THE GRAND JURORS selected. chosen and sworn for the County of DeKalb to-Wit

2. Elaine Alexander 14. 3. Debra A. Canady 15. 4. Mrs. Rufus L. Cole 16. 5. Donald K. Emery, Jr. 17.

___~~~.,.---.-~-:;cr::--r;:"6. Troy Evans 7. Theresa Smith Emfinger 8. Nathan Daron Green 9. Jesse William Jackson

10. Mrs. Walter Jones (Alt.) (Alt. ) 11. Hilliam E. Jones 12. Dorcas M. King 13. Jack Thornton Lovelace, Jr. Waller

In the name and behalf of the citizens of Georgia, charge and accuse

MITCHELL AVERY.MOSS N~ K~NY.ELESTER ROLA~

with the offense of ­

VIQLA1TNG. :me. GEORGIA CONmOLLF::'o Sf.JBST.'\NGES .A~.T. for that said accused. In the :::ounty of DeKalb and State of Georgia. on the

8th. day of . OC.tob.er .19 .9l

did possess and have under their control, cocaine

contrary to the laws of said State, the good order oeace ana dignity thereof

ROBERT E WILSOI\. District Attorney

Spec,al Presentment

- - . __ • _._. __ 0-' ._ .. .. _.. . ._ .__ _ _ _.__.__

~~-·'·'grcn:'_.5j~tZ-=-- _.I'

STATE'S WITNESSES: 7 roCpt. Dave Perkins DeKalb Superior Court ~

Chamblee PD gro

NOVEMBER Term, C '­19" 91

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.-+ ::TTHE STATE 0.

ro Q ro ro

VERSUS

mTCHEU~ AVERY MOSS (CIS 1-3) Q:J

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KENNY ELESTER ROLAND (CTS 1 &2) --_.- -'-' - _.--"------ --_.­ _. -_.- ­ ._.- -----"._­

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VIOLATING THE GEORGIA CONTROLLED SUBSTANCES

·--··~BiG~~~~~m~I~6~AW-l()~~y~~ i-ON OF F IREARM - - ­ --_.­ - - - ----­ ----------------­

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The De fen dan t !1L:tc;-9E.J.L_.#ecAY/?k~5 waives copy of IncJlctment, list of wit· nesses. full pa.nel. fo/mal arraignment. anel pleads

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;~:=- -~---< --7~~~~~~~-----'---'---" , ,_;;..-- ~ ." £//f Defendants A ltorney /' j / - /. /;1/ ", I " f/ - -­ - . )/> /",?-q/fi/1.' /}/"-­.. ~_·I·L_. --­ ),..:.:~/-_=:~\- :-;.oL-.-.k.. _ -.~-:::::':::=...-..----"---._-­

-­ I( ,Defendant

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THE GRAND JURORS selected chosen and sworn for the Count;' 01 DeKalb to-Wit

2. Elaine Alexander 14. ~aye D. McCommon ':lJ. Debr E:. t\. Canad y ~S~ Ka~rin2 T. McDuffi2 4. Mrs. Rufus L. Cole 1. fi. J-Jhnny L. McGahee J. Donald ~. Emery, J~. ~ 7. ~aLclJLi B. ~1cCra~·,"

6. I'roy Evans 4S. Jarn,ce w i!lt= Ne 'scm 7. Theresa Smith Emfin£er ~. Le):i't.ia R/ Owe _ )

?~-o />., ,...L~/I..../~reen _\J;-'_~8. Nathan Daron

9. Jesse William jackson 21. Fannie L. Smich 10. Mrs. Walter Jones (Alt.) 22. Dap~n€ Rena Sto:y (Alt.) 11. william E. Jones 23. uavia Suddeth "1 "") J..L. Dorcas M. King 24. Valeda Tate 13. Jack Thornton Lovelacp., Jr. 25. Mrs. Rosser A. Waller

In the name a~d bella!! o~ the citizens of Georgia, charge anc accuse

tv.ITCHELL AVERY MOSS AND ,!(~Y ELESTER ,ROLt...J\TD with thE' offenss of, ­

ilIO~A,nNG J'BE GEORGIA GOl\ri<D~LEr) SUBSTANCF:S ACT rOt ~na, said ilcc'Jsed In the County of ~pr\alb and State of Georgia. on the

,.8th day 0: .. OC.::O~,e:-, , .... 19 ,91

did possess and have under their control, cocaine

,~ont'a(\' to LIE' idWS Of said State. tne good orjer. peace and dignity th<::reof

ROBERT E WILSON. DI~trlC: A;tor'ley

Special Presentment

INDICTMENT NC 92cr1179CIN THE SUPERIOR COURT (". :KALB COU NTY

oFFE NSE(S) ----'-V...=.I=O=LA--'-T'-"I"-'-N=G'----'-T'-'-'HE",----,G.:..=E,-",O"-,R-,,,-G..,.,IA,-,-__

) _CONTROl I ED SlJBSTANr.FS ACT AND POSSESSION OF

THE STATE OF GEORGIA A FIREARM BY A CONVICTED FELON

~ .r- VS Q; 8M, 12-22-65

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U

MITCHELL AVORY MOSS ~~~~ ~ TERM,199~ a. Ql

[~EY J "'\ == VERDICT ~ ---u- #THER DISPOSITION

.rGUILTY ON COUNT(S).cX_· JURY CJ GUILTY ON u NOLLE PROSEQUI ORDER I •

NOLO CONTENDE:RE ON NON·JURY COUNT(S) _ ON COi.JNT(Sl _

C9JJNT(S) w NOT GUILTY ON ~O LESSER INCLUDED COUNT(S) _ LJ DEAD OO~KET ORDER ON

COUNT(S) _OFFt::NS~(S)="AOo' C GUILTY OF INCLUDt:Drl ~_ OFFENSE(S) OF 0"7/COUNT(S) ON COUNT(S) ------ (SEE S=PARATE ORDER)

ai ',d- FELONY SENTENCE :=; MISDEMEANOR SENTENCE ---<J WHEREAS, the above-named defendant nas been found gUilty of the above-stated 0 fense, WHEREUPON. It is ordered and adjudged by the

' cou~ that. Tht! said defen,pant IS hereby sentenced t ~on mement I r a eriod of ~~~~~

~ j i the State Penal ystem or such other instlt.utlon as tne ~ommlssl::.,nerof~~~~abilitation~ ~i computed as prOVided by law ~~~~ ~

'U!.I HOWEVER, it is further ordered~y the court~~~~ CJI CZ..!.-- is? i,;;L",;;t:i~ , =: 1)/hT the above sentence may be served on probation ~:r~~~ . ~ ri-<j THAT "POO "~j,, 0' t9u.L ~O' ,""00" ,,,,,,,, '00 "m"od''''~ m.y b' ,,~'d 00 pmb"'"

a> PROVIDED that tne said detendan: complies with the follovllng general and olrler conditions herein Imposed by the Court as a part of thiS sentence

i I

~ I ::. FIRST OFFENDER SENTENCE I WH ER:::AS, said defendant has not previously been convicted of a felony nor availed himself of the provision of tns COirs! Offender Act (Ga. Laws

1968, p. 324),i NOW, THEREFORE, tne defendant consenting hereto, it is the Judgment of thiS Court thai no Juogment of guilt or sentence be imposed ai thiS

time, oui that further proceedings are oeferred and defendant IS hereby placed on probation lor tne penod ot _ trom this date provided thai said defendant complies witn the follOWing general and speCial conditions herein Imposeci by the Court as part of this sentence; ~ PROVIDED. further, that upon Violation of the terms of oroballon, the Court may enter ar adjudication of guilt and proceed to sentence~

1 i: defendant to the maximum sentence provided by iaw Upon fulfillment of the terms of probation. or upon release of the defendant by the Court o prior to the termination of the period thereof, the defendant shall stand discharged of salo offense charged and shall be completely i:i' exonerated of guilt of said of tense charged -0 Let a copy of thiS Order be forwaroed to the Office of the State Probation System of Georgia. and to the Identification DiviSion 01 the Federal ~ I Bureau of Investigation.

~NERAL CONDITIONS OF PROBATION

~! The defendant, having been granted the privilege o~ serving all or part OT the above-stated sentence on probation, hereby IS sentenced to the ~ following general conditions of probation:

",I ~-:THAT defendant not Violate any State or Federal laws to be adjudged by the Court, .c . AT defendant make regular reports to the Adult Probation Officer of DeKalb County as directed;

3) THAT defendant keep the "dult Probation Officer Of DeKalb County Informed at all times of the defendant's place 01 employment and ::J o /sldence address; U t:: 0) THAT defendent shall, from time to lime upon oral or written requesl b~r any probation officer, produce a breath, urine, and/or blood speCimen for analyStS Q,> a. for the possible presence oi a substance prohibited or controlled by any law of the state ot Georgia or 01 the United States, o 5) THAT defendant pay a fine In the amou nt of $ plus $50.00 or 10% of said fine, which ever IS less pursuant to the OG.G.A. 15-21-70 and t:: pay re itution in the amount of $ , probation fee $ , Court cost $ attorney's fee through the adult probatlor> -0 4l cer as provided by said officer Ja i 1 Fee $ DrUG Pon a1t v F' ne $ ~ THAT defendant undergo and successfully complete any~, drug, l"Ael9;B! h~;;rtk 01 e't!uca~bllal program abiding by all rules, regulations

or directions of such program to include any aftercare deemed necessary as directed by the probation officer C OTHER CONDITIONS OF PROBATION

IT IS FURTHER ORDERED lhat the defendant abide by all other general conditions of probation as set forth herein· _

iT IS THE FURTHER ORDER of the Coun, and the defendant is hereby advised that the Court may, at any lime, revoke any :::ondltlons of 1nls probation and/or diSCharge the defendant from prObation The probationer shall be subject to arrest Tor Violation of anv condition of probation herein granted If such probation IS re~oked, the Court may order the execution of the sentence which was Originally imposed or any ponion thereof in the manner provided by law atter deducting therefrom the amount of ti the defen served on probation ====~==c:======;===~=====~~~~&====lf=====J====-

So ordered this /9t:t daY~~'19 '1d

c c.~ TIL.~,SCRIPT - SHPERIOR COURT OF DEKALJ3 COUNTY

STATE OF GEORGIA :# -VS- :#

:# :#.MlJDtELLAV.D.RY_MOSS---------­

The defendant, being sworn, mill{es the following answers to the court in the presence of the attorney for the defendant and the district attorney:

(1) Are you able to hear and understand my statements and questions? Ans. ~~ _

(2) Are you now under the influence of any alcohol, drugs or any other substance? Ans. _~t?-.

(3) Has your lawyer explained the charges against you? Ans. ~~~__

(4) Do you understand that you have a right to a jury trial? Ans. ~~~__

(5) Do you understand that you could have a jury trial by pleading not guilty or by remaining silent and not entering a plea? Ans. ~_~__

(6) Do you understand that you have the right to assistance of counsel during trial? Ans . -1'1=-2._­

(7) Do you understand that you are entitled to the presumption of innocence? Ans. """'65­-+----­

(8) Do you uQ~rstand that you have the right not to incriminate yourself? AIlS. 'f'~

--1~----

(9) Do you understand that at a jury trial you would have the right to question witnesses against you, the right to subpoena witnesses on your own behalf, and the right to testify yourself and to offer other evidence? ~~s. ~_~__

(10) Do you understand that by pleading guilty you are giving up all of those rights? Ans. ~ - ­

T~.-2---

(11) Has anyone ma~~y threats or promises to influence you to plead guilty in this case? Ans. ;r~~----

(12) Have you had a chance to discuss yo~r ~ t~ro~ly with your lawyer? Ans. _p__ Who is your laWYerp~~a------------------------.

(13) Are you satisfied \Vi th the services.Amd advice of your lawyer? AIls ~_.:,,::

(14) Do you understand that the district attorney has made the following recommendations?

----------~~-~~----------------------------------------------------------------------------------- Ans. ~ _

-----~-,-------------

(15) ~he maximum sentence for these charg-es would be ...N~ . Do you understand that the court is !lot bound by any promises or reco;nrhendat ions and that the court can impose that sentence? Ans. __~

(16) How do you plead to the charge, guilty or not guilty? Ans. ~~ ,

(17) ~:. YO~_~~iltY·, Ans. ~ Do you W~;~d ~u~ (18) Have you understood all these questions and R"iven truthf1l1 rlnc:wprc:?

\ '

(19) If your sentence _~ five years or greater, you hav~ che right to have your sentence reviewed by the Judge's Review P~el. If you cannot afford a lawyer to file a review, one will be appointed upon your request. You have thirty days from this date to file your request for a review of your sentence. Do you understand this right. ADs. _

FIRST OFFENDER INFORMATION

Since you have asked to be treated under the provisions of the First Offender Act, there are some questions you must answer:

(20) Have you ever pleaded guilty or nolo contendere to, or been convicted of, a felony in the State of Georgia or in any other jurisdiction? Ans. _

(21) Has your lawyer explained the First Offender Act to you Ans.

(22) Have you ever been sentenced for any crime, felony O~ misdemeanor. under the First Offender Act? Ans.

I have read or heard all of the above questions and answers, and understand them to be the questions asked of me and the answers I have given in open~o~rt, and they are true and correct ~~_-r /' f'. -~1/ ~[ ~

U /~. vvl/L.t·.- ":/ / ~L--DEFENDANr----------r---------- ­

I hereby certify t~at ~-a:;.£end~heanswersthe above questions wer~aSked-t were given by the defendant ~n my presence. .------------=:: __/ __~__.-- ----- ----- - -- . ----::::::-­

~~--------------~~----------------------

~::-./ATTORNEY FOR ~EFENDANT

Sworn 1;.0~ sUbscr~ me thjS:::;q---/ the _/'f:L/'v d,.lay on:2~-;-~7:"'-;r--' 19_-!..d...

~~~~ , DEPUTY CLERK, DEKALB SUPERIOR COURT

CERTIFICATE

The undersigned Presiding Judge hereby certifies:

I. That the above-named defendant was sworn in open court and the questions were asked him as set forth in the foregoing transcript, and the answers given thereto by said defendant are as set forth therein.

II. That the defendant, ~l.!~~~~~_!~~~!_~~~~ , being represented by attorney , who was (court appointed) or (privately employed), pled guilty (rrulu contendere) as charged in the (Bill of Indictment) (A~~u~ati~) (or) to the lesser included offense of • and in open court, under oath, further informs the court that he is and has been (1) fully advised of his rights and the charges against him; (2) the maximum punishment for said offense charged, and for the offense to which he pleads guilty (nolo contender e); (3) that he is guilty of the offense to which he pleads guilty (nGlo coot"'oucps); (4) that he authorized a plea of guilty ~

cOlIlelldete-7 to said charge; (5) that he has had ample time to confer I"ith his attorney and to subpoena wi tnesses desired by Him; (6) that he is ready for trial; (7) that he is satisfied with the counsel and services of his attorney. fi~d after further examination by the court, the court ascertains, determines and adjudges that the plea of gui 1 ty (f'tt7'to CQ~tCliJet ~j by the defend3!1t is freely, understandingly and voluntarily made, QJ1d lVilS made wi thout undue influence, compulsion of duress, and wi thout promise of leniency. I t is, therefore, ordered that this plea of tiuilty (nole cOl1tcFder:.e) be entered on the minutes, and that this Transcript and Certificate be filed with the (Indictment) ( ').

DATE ~~__L9 , 19_q~.

, '

COUNT _TW_O _

The GR.f..f\JD JURORS. selected, chosen and s\'vorn fo:' t!-:S' Count)/ of OeKalb. 3fores~:lJd, In thE name and benalf of the

citizens of Georgia, charge and accuse

MITCHELL AVORY MOSS

of the County and State aforesaid, with the ofiense of

POSSESSION OF A FIREARM BY A CONVICiED FE~ON

tor that the said accused person in the County aforesaid, on the

---'6:o...t"-'h"-- day of September 19_9_1__

did possess a firearm, to-wit: a handgun after having been convicted of

a felony, to-wit: Burglary by a Co~t of the State of Tennessee)

to-wit: Knox County Superior Court

contrary to the laws of said State, :he good order, peace 3Cld d,gnity thereof

DEKALB SUPERIOR COURT ROBERT E WILSON, District Attorney

Special Presentment

STATE OF GEORGIA, cour C. OF OEKALB BILL OF INDICTMENT

IN THE SUPERIOR ~OURT OF SAID COUNTY.

THE GRAND JURORS selected. chosen and sworn for trle County of DeKalb. to-Wit

1. LLOYD JOSEPH WATSON, FOREPERSON

2. Steven Michael Amerson 14. Mrs. Robert E. Gartrell 3. Harry D. Bennett 15. Doris B. Hamilton 4. June Blackmon 16. Mary E:izabeth Krys~osik

5. Gloria J. Bogle 17. Mrs. Linda V. Mattingly 6. Jacqueline K. Chow 18. ~Brtha A. Milford 7 . Al-bert-Margcrn~-E-Alt·~) 19. Louisa M. McCullough 8. Trudy Collett 20. Bridgitte R. Ross 9. Car-ol-Yfl-y-;-eoope-r 21. Pmnela B. Scott

10. Davi:d-6-;--Eagan---(-Al t . ) 22. John L. Shipley II 11. Towanda Devorce Everson 23. Nancy Singleton 12. Jean H. Edwards 24. Gilbert Thrash 13. Edward J. Fallon 25. Carol S. Tucker

In the name ano behalf of the citizens of Georgie:. charge and accuse

...MIrCHELL..AVQf(X. .Mo.$$. with the offense of ~

.. .vIO~AT:;:NG. THE. GEORGIA. CONT.BOLLEIl.SUB.S~ANC:P ..ACT .... for that said accused In the County 0; DeKalo and State aT Georgia. on the

..6'c,b day of ..Sep':-ember. .. 19 .. 9)

did possess with intent to distri~ute and have under his control,

cocaine

conti al'y to tnE; laws 0; said Stale, the good or·der. peace and dignity rnereo;

ROBERT E WILSGN Dlstrl::;: Attorney

SpeCial Presentment

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Off. K. f. Estlund - DKPD DeKal b Superior COllrl

JANUARY Term, 19 92

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THE STATE VE:HSUS

MITCHELL A. VORY MOSS

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VIOU\TING THE GEORGIA CONTROLLED ----·---SUBSTANCEs-'ACrr--AliTD-FOS'3 8SSIDN OF

A FIREARM BY A CONVICTE:D FELON _._-----------;--._--------­

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v The Defendant -tlJ2£!?k£--IflRt;d~ waives copy of InOlctment, list d1 Wit· nesses, full panel, formal arraignment, and pleacls

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" c_~(" 93-CI-- ..t615IN THE SUPERIOR COURT OF. .KALB COUNTY CASE NO

VIOLATING THE GEORGIA CONTROLLEDOFFENSE(S) _

SUBSTANCES ACT AND POSSESSION OF A FIREARM BY A CONVICTED FELON

THE STATE OF GEORGIA B/M VS 12-22-65

MITCHELL AVERY MOSS \~->'~;;-. ('Ja.N~~, TERMOFFENDEF TRACKING NUMBER 19~ _ So c 7 g I I 0

u /' "\l4c.1l.d- \f5 t\.CA.u>I:-'\.c\. D...iJ~ (o~ Z. >'~PLE£I;- I ') [1 VERDICT fO~ISPOSITION-~ ~UILTY ON COUNT,S, ,<. 0 JURY [J GUILTY Ol~ =NOLLE PROSEQUI ORDERI

ON COUNT(S) _$ ::::: NOLO CONTtNDERE ON ' CJ NON-JURY COUNT(S).-,-,--:-,------------ ­.. C~UNT(S) 0 NOT GUILTY ON =DEAD DOCKET ORDER ON.,....~!, mo LESSER INCLUDED COUNTlS\ ----==-=::-::-~c:::-::::-----

OFFENSE(S) C GUilTY O~ LESSER INCLUDED COUNT(S) _~ 5, i"VIl ~ 'tl?~e.ss;'ol. o--f. (l.hCCl,' Ill::- OFFENSE(S) OF _

":)['1 '-=r~ =~O~N~CO~U~N~T~(S~);;:;;;;;~r;;:;;;:;~;;:;;;:;~F:=====~O~N~CO;;;;U~N~T(~S)~;;:;;;:;;;:;;;:;;;:;;:;;;;:;;;:;=====::(~SE~E~S~E~PA~R:AT~E~O~R~D~ER~)=== I ~~ I I Z [;1ELONY SENTENCE C MISDEMEANOR SENTENCE 1 WHEREAS, the above-named del ndanl !las be,n found guilty of the above-stated ofiense. WHEREUPON, IllS ordered and adjudged. by the Court tnat The saiddefendant IS Ilereby sentenced

1I ! to conflilement tor a penod of 4- \ ,~ ~v..e...- I' .L/v-' C). , ,t)~~~1_'i I in tile State Pena' System or such other Institution a§.the Commissioner of tne State DeDartmen! of CorrectIOns may direct, to be com outed as proviaed by law. /. J

11' HOWEVER, it IS further o,dered by the Court ~~ 1:> rvc-[.~~ a I t.-'i2- 51 I j?. CJv-t:yt CJ 1) THAT the above sentence may be served on orobat,on • 4 2. C/i2.. j ~ '1 e,

~ ~ THAT uoon service of j IA~ of the aoove sentence, the remainder at ~~ may be served on probailon PROVIOED that the said aefendanf~tne follOWing general and other condiilons herelllllnoosed oy the Court as part of tnls sentence.

t tV1) Oefendant IS to receive credit fo~ time served. ~ j D - IS -q '3

'j...1 C 4) Time to serve reduced to oresent time se,ved.

I ==IRST OFF=NDER SENTENCE 'S1 m l WHEREAS said oetendant has not previously been convicted 0; a feiony nor availed himself of the proVISion of the First Offender Act (Ga. Laws 1968, p. 324).

NOW. THER~FORE, toP. deiendant consenting herelD, it IS the ludgment of thiS Court that no judgment of Quilt or sentence be Imposed at thiS time, but that further proceedings are deferred and deiendant IS hereby placeo on probation for the period or from this date proVICled ilIa: said defendant compiles with the following general and speCial

, conditIOns herein imposed by the Court as part of thiS sentence ~ROVIDED, further tnat upon Violation at the terms of proDation, the Court may enter an adjUdication oj Quill and proceed to sentence defendant to the maximum sentence provided by la't.'

J.,llJ,oon fulfillment of the lerms of probatIOn. or upon release of the aefendant by tne Court pnor to the lermlilation of the oeriod tnereoi, the defendant shall stano discharged of said aNalise

charged and shall be completely exonerated of guilt of said offense charged Let a cop\, of thiS Order oe forwarded 10 the Office of the State Probation System of Georgia, and to tne Identification DIVISiOn of the FeJeral Bureau of investlgallon.

I3"'GENERAL CONDITIONS OF PROBATION

I The defendant having been granted the priVilege of servlllg all or pan of the above-stateD ser.tence on probation. nereby IS sentenced to tne followlIlg general conditions of probatlor: :;2"1.) THAT defendant not vlolale an~1 State or Federal laws to be adjudged by the Court;

-.J: i7."2.' THAT deiendant make regUlar reports 10 the Adult Prooation Officer of DeKalb Counly as directed;'"""'3;T"~ !Zi) THAT defendant keep the Adult Probation Officer of DeKalo Couniy Iniormed a, all times of the detendant solace Of employment and reSidence adDress,

'0 IY4) THAT defendant shall, from time 10 lime upon oral or written request ov any probation officer, produce iI breafh, unne, and/or blood specJnlen for analySIS for nle possible presence >, ~f a substance prohibited or controlleo by any law of the state of Georgia or 01 the United States; {l ~) THAT detendant pay a flile in tnt amount 01 $ plus $5000 0: 10% 01 said flile. which ever :3 less pursuant to O.C.G.A. 15-21·70 and pay aJail fee 'n tile amoun'

of $ ,drug oenaltyfine $ . Victim sfund S ,and pay restitution 'n the amount of $ , prooation fee S 2D I !1\ 0 "'"1S Court Cost $ attorney's fee through tne adUlt proaatlOn officer as proVided 01' said OfJlcer, I< ~THAT detendant undergo and successfully complete any alcohol. drug. mental Ilealth 0: eoucallonal program ab'dlng by ali rules, regulations or directions of SUCIl program lO mciudeI~ any aftercare deemed necessarv as directed by the probatIOn ofilcer ~i C 7) THA, defendant must complete hours of Community Service as directed by Adu;t Prooatlor.. ... ~, ~ 8) THAT defendant must enler Into and successfully complete tne ~ program, abldlllg by ali of tnerr rules and regulations

v>' ~ 9) THAT defendant must reoert 10 the DeKalb County Jai on at 0 (a.m) 0 (p.m.) to begin servmQ seillence

~ =OTHER CONDITIONS OF PROBATION t8 IT IS FURTHER ORDERED that the defenda~t abide by all otner genera, condltlOIlS ot probation as set forth herein _~ _

giii ------------------------------------ ­c:

IT IS THE FURTHER ORDER of the Court, and tne defendant IS hereby adVised that the Coun may, at any time revoke any conditions of thiS prObation and/or discharge the defendant IromIi probation The prooatlOner shall be subject to arrest lor Violation of any condition of probation herein granted If such prObation IS revoKed, tile Cnun may order the execul10r. or Ihe sentence

d =W=hi=CI=lV=la=s=o=ri=Q='n=al=IY=lm=po=s=eo='o=r=a--=n)='P7?=rt=io=n=th=e=re=0=f,=n=th;=e=m=a=nn=e=,=pr=o=vl=oe=d=b=y=la=v.=,a=ft=e,=d=e=du=c=lin=:9;;:t=he=rTef=ro=m=tTh~e =am=o=u",n>;;tO=f=:tl;;;m",e~th~e\'d=ef=e=ind(==~seFrv=e=d=o=1l prOb=a=llo=,,_,=.===Irl=t.-===

So oroered tllis oa10f-2.d ~ l-i~Jv-;-;r-- 19!t£.

---- ---

--- -----

"­

LPT COURT OF DEKALBTRANf ' - SUPERIO~ (.frY STATE OF GEORGIA # CASE NO.: __~~~~~~~~l5_----------- _

-VS- # OFFENSE : ~:....Ci:....~:-~:-~.::....._~R.Q~S_E_S_S_I_O_N_.9..f A ~!.~~fiI'i_~I_~_~~\Ll~'t~J"_~L_~ _MITCHELL AVERY MOSS #

#

The defendant, being sworn, makes the following answers to the court in the presence of attorney for the defendant and the district attorney:

(1) Are you able to hear and understand my statements and questions? Ans. ~~ _

(2) Are you now under the influen~e of any alcohol, drugs or any other substance? Ans . __!~_~ _

(3) Has your lawyer explained the charges against you? Ans. __~__ ,

(4) Do you understand that you have a right to a jury trial? ADs. _~ _

(5) Do you understand that you could have a jury trial b~leading not guilty or by remaining silent and not entering a plea? Ans. --- U --­

(6) Do you unrerstand that you have the right to assistance of counsel during trial? AIls . ~ _

(7) [.0 you un~~stand that you are entitled to the presumption of innocence? Ans. 1/ K-,----r--­

(8) ~.:OU~l~:"d t"at you ~ave be right uot to iucriminate you~self?

(9) Do you understand that at a jury trial you would have the right to question witnesses against you, the r:ght to subpoena witnesses on your own behalf, and the right to testify yourself and to offer other evidence? Ans. _

(10) Do you un~stand that by pleading guilty you are giving up all of those rights? ADs.

(11) Has anyone made ~y threats or promises to influence you to plead guilty in this case? Ans. _Ji.!2- _

(12) ~~~ Y:~~_:_ch~~ei:oy~~~cr:~~~~r,J:~~~~~~_:~~~_::~~_~::::~~ _

(13) Are you satisfied with the services and advice of your lawyer? Ans. _~ _

(14) Do you understand that the district attorney has made the following

recommendations? ILL j .? '£)(J. I~, ej, z. 9 j c/l£7 )7.lJ-c;zce/J/9 _________________~----J---~~--------~----------------- _ _________________________________________________________________ Ans. _~ _

(15) The maximum sentence for these charges would be bd ~ . Do you understand that the court is not bound by fuiy (~omises or r~~~~dhdati~~; and that the court can impose that sentence? Ans. ~~

(16) How do you plead to the charge, :Uil:~-:~-not guilty? Ans. ~__

(17,) Are you i~fact guilty? Ans. __~____ Do you want to plead guilty? Ans. t ­

(18) H~ve you understood all these questions and given truthful answers? Ans. ~ _

"­

(19) If your sentence i ~ ve years or grea~er, you have) (.'ight to have your sentence reviewed by the J~dge's Review Panel. If you cann~_ afford a lawyer to file a review, one will be appointed upon your request. ~u have thirty days from this date to file your request for a review of your sentence. Do you understand this right. ADs. _

FIRST OFFENDER INFORMATION

Since you have asked to be treated under the provisions of the First Offender Act, there are some questions you must answer:

(20) Have you ever pleaded guilty or nolo contendere to, or been convicted of, a felony in the State of Georgia or in any other jur:sdiction? ADs. _

(21) Has your lawyer explained the First Offender Act to you ADs.

(22) Have you ever been sentenced for any crime, felony or misdemeanor, under the First Offender Act? ADs.

I have read or heard all of the above questions and answers, and understand them to be the questions asked of me and the answers I have given in open court, and they are true andcorrect. DK~~~~~-- _

I hereby certify that the above questions given by the defendant in my presence.

Sworn t;E ';!Id subssrjped before me this /\ I L the ~~~~_day 0: .;:J:~'3::.Y%-' 19_::LI_ . ~-., U

DEPUTY CLERK, DEKALB SUPERIOR COURT-----~----_:_--------~~--------, CERTIFICATE

The undersigned Presiding Judge hereby certifies:

I. That the above-named defendant was sworn in open court and the questions were asked him as set forth in the foregoing transcript, and the answers given thereto by said defendant are as set forth therein.

MITCHELL AVERY MOSSII. Tha~t ,the def~ndant, being represented by attorney _ 0L~ 1 who was (court appointed) or (privately employed), pI guilt~ (nolo cont~R8ere) as charged in the (Bill of Indictment) (Acc~~ation) (or) to the lesser included offense of , and in open court, under oath, further informs the court that he is and has been (1) fully advised of 'his rights and the charges against him; (2) the maximum punishment for said offense charged, and for the offense to which he pleads guilty (nole ee~tendeye); (3) that he is guilty of the offense to which he pleads guilty (~olo cO:Rhndere); (4) that he authorized a plea of guilty (~

GQRtendoro) to said charge; (5) that he has had ample time to confer with his attorney and to subpoena wi tnesses des i red by Him; (6) that he is ready for trial; (7) that he is satisfied with the counsel and services of his attorney. ADd after further examination by the court, the court ascertains, determines and adjudges that the plea of guilty (no±e ~ntendere) by the defendant is freely, understandingly and voluntarily made, and was made without undue influence, compulsion of duress, and without promise of leniency. It is, therefore, ordered that this plea of guilty (nele contender e) be entered on the minutes, and

::::: t:::_:::::::::_::_::::~;::-::-:: 1::2{:_the (Indictment) (Ace"••tion) .

" (

COUNT TWO

Tile GRAND JURORS, selected, cllosen alld swam for the Counry ofDeKalb. aforesaid, ill tile Ilame alld bella!! oj the citizens oj Georgia, cilarge and acclIse

MITCHELL AVERY MOSS

oj tile COllnty alld State aforesaid, with the offense of

POSSESSION OF A FIREARM BY A CONVICTED FELON

fa.' tiull the said accused persall _ in the COUllry aforesaid, on the

1.5'J.'H day of OCTOBER., 1.993

did possess a firearm, to-wit: a handgun after having been

convicted of a felony, to-wit: Violation of the Georgia Controlled

Substances Act by a Court of the S~ate of Georgia, to-wit: the

Superior Court of DeKalb Coun~y

contrary to the laws of said State, the good order, peace and dignity thereof.

DEKALB SUPERIOR COURT

J. TOM MORGAN, District Attorney

"­(,. (' STATE OF GEORGIA, COc'o .f OF DEKALB BILL OF INDICTMENT

IN THE SUPERIOR COURT OF SAID COUNTY,

THE GRAND JURORS selected, chosen alld swom for the Coun'y ofDeKalb, to-wit:

1. BRENDA F. SMITH-FOREPERSON

2. He~ eft Jr. AGo3:ffl~ 14. Mrs. Herbert G. Johnston 3. .~ 15. -Mrs. Leui.s....H. Jones 4. .Diane M Brovm 16. Bobbie Mapp ­5. Sondra T. Coletti 17. James H. Mon tgomery 6. Sharlene M. Davis IB. Judich Painter 7. Naocy E DlJ-E:i:rr" 19. Mary L. Petted B. .~. 20. Laura M. Richeson (Alt.) 9. MinGy Crabqm 21. Catherine Elouise Roberts 10. Doris M. Gorman 22. Ceorftell ~b.:L~ 11. Nevelle K. Hawkins 23. Evelyn R. Stevens 12. Fsim&ter ~. ~n 24. James E. Thomason (AI t.) 13. Betty A. Jackson 25. Willie A. Warren

ill the lIamc and behalf of the citizens of Georgia. charge alld accuse

MITCHELL A VERY MOSS

with the offellse of

VIOLATING THE GEORGIA CONTROLLED SUBSTANCES ACT

for tha. said accused. in the County ofDel2ilb and State of Georgia, on the

15TH day of OCTOBER, ~993

did possess with intent to dis~r~bute and have under ~is cont~ol,

cocaine

comrarJ' to the laws of said Slate, 'he good order, peace and dignity thereof

J. TOM MORGAN, District Attomey

93bCR~ 1t;15It~P 7STA~E' S WITNESSES: No.

Sgt. W.Z. Miller, DKPD NOVEMBER

DeKalb Superio.r Cou.rt

Term, 1993

THE STATE

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M.ITCHELL AVERY MOSS

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·.1~4 <.) VIOLATING THf!: G.EORGIA CONJ'ROIJ..ED SUBSTANCES ACT AND c~~

POSSESSTON Ol" A li'JTillllRM BY A CONVICTED FELON

-~. (<, t:..-,., _ BILIJ.

()\'\ ..._~A ():,~-'.J..~ Forepersoll.

The Defendant ~J.-J{(lQ~)v=i.~ waives copy of Indictment, 'list of witnesses, full panel, formal

\, ar::1inmenc, and pleads (~' MCl 0-,1 J, ~ ,,~)(:'J J7. .. Vf Lfi ' ;;L-­Irr- _V~~(.1.~ tJJ~-VD.fiO '

This the 2.3 day of M'I9Zi! 'r] o~{}1/-":~

1 ..__/ District litton ey IiN (l)

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. ~.z?':t-"~- -/ . ~--~- r til7 ' Def,enciaflt' s Attorney o :J

;/ 7' '-1/-% -7-J!- /1/ .-;'7~ j 7, ~-l~AJJ"UL- ,7 P'~l-~

I Defendant

11