FILED

Electronically
CR20-1030
2020-10-17 08:32:48 PM
Jacqueline Bryant
1 4185 Clerk of the Court
Transaction # 8120885
2

6 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

7 IN AND FOR THE COUNTY OF WASHOE

8 HONORABLE BARRY L. BRESLOW

9 THE STATE OF NEVADA,

10 Plaintiff,

11 vs. Case No. CR20-1030

12 JULIE SFERRAZZA, Department No. 8

13 Defendant.

14 -------------------------/

15 TRANSCRIPT OF PROCEEDINGS
Arraignment
16 (Via Zoom)
August 10, 2020
17 APPEARANCES:

18 For the State: Barrack Potter

24 Reported by: Isolde Zihn, CCR #87

1
 1 RENO, NEVADA, MONDAY, AUGUST 10, 2020, 1:30 P.M.

2 (THE COURT: Hello, everyone.

3 Welcome to Department 8 criminal justice

4 out-of-custody calendar.

5 I'm Judge Breslow; presiding from Washoe County,

6 Nevada.

7 These hearings are occurring remotely as allowed by

8 Nevada Supreme Court Rule Subpart 9 and various

9 administrative orders of the Second Judicial District Court.

10 These hearings are available and open to the public

11 by accessing the Zoom webinar platform available on the

12 court's website.

13 Starting with the court reporter, would you please

14 identify yourself.

15 I know you've got the Court's name there, as well,

16 Ms. Encallado. Because of some Zoom features, we're still

17 working out the bugs, in light of the court having been

18 Zoom-bombed on Friday, so I apologize.

19 But, Ms. Encallado, would you please identify

20 yourself for the record, and also indicate where you're

21 calling in from.

22 THE CLERK: Yes, Your Honor.

23 Jenifer Encallado; calling from Washoe County,

24 Nevada.

2
 1 THE COURT: Next, the Court's certified shorthand

2 reporter.

3 THE COURT REPORTER: Isolde Zihn; Washoe County,

4 Nevada.

5 THE COURT: Thank you.

6 The prosecutor today, please identify yourself.

7 (All counsel present acknowledged

8 receipt and had no objections.)

9 -- oOo --

10 THE CLERK: CR20-1030, State versus Julie Sferrazza.

11 Matter set for arraignment.

12 Counsel and the Division, please state your

13 appearance.

14 MR. POTTER: Barrack Potter, on behalf of the State.

15 MR. PEREZ: Carlos Perez, for the Division.

16 MR. HOUSTON: David Houston, appearing on behalf of

17 Miss Sferrazza, Your Honor.

18 Her name is correctly spelled and stated at line 12.

19 We are familiar with the content of the Information, and

20 pursuant to the guilty-plea memorandum, are prepared to go

21 forward with a plea to the sole count contained.

22 THE COURT: Okay. Give me just a moment, please.

23 All right. Mr. Houston, do you have a copy of the

24 charging document, the Criminal Information that was filed in

3
 1 this matter July 27th -- excuse me -- July 23rd?

2 MR. HOUSTON: Yes, sir.

3 THE COURT: All right. Is your client's name

4 correctly spelled?

5 MR. HOUSTON: Yes, Your Honor.

6 THE COURT: All right. And do you waive a formal

7 reading?

8 MR. HOUSTON: We do, Your Honor.

9 THE COURT: All right. Are there any negotiations

10 you'd like to bring to the Court's attention?

11 MR. HOUSTON: There are, Your Honor.

12 In exchange for the defendant's plea of guilty, the

13 State is free to argue for the appropriate sentence. The

14 State, however, has agreed to dismiss all other criminal

15 charges in this case, in the Sparks Justice Court case

16 20SCR-000538, after sentencing in this matter.

17 The State also agrees not to pursue any other

18 criminal charges arising out of this transaction or

19 occurrence.

20 The Court should also note that we have filed an

21 election as it concerns a SB-277 request.

22 As previously stated, the prosecution is free to

23 argue against or free to agree with; it will be their choice.

24 We, of course, are free to argue for the same.

4
 1 I've advised my client it is not a guarantee; that,

2 under paragraph 6 of the guilty-plea memorandum, she faces

3 one to six years in the Nevada State Department of

4 Corrections, and she is not eligible for what we refer to as

5 probation, but also must be fined a sum between 2,000 and

6 $5,000.

7 The guilty-plea memorandum, under paragraph 7, also

8 goes into great length to explain that the defendant is free

9 to argue for the diversion program, or what we call SB-277;

10 and if the Court grants her request, it's also set forth in

11 the guilty-plea memorandum what that means.

12 We also went through the effort of also explaining

13 how that may be reduced to a second-offense misdemeanor DUI,

14 if she successfully completed the program; however, if she

15 were to receive a DUI in the future, it would always be

16 considered as a felony DUI, subject to a non-probationable

17 two-to-15-year prison term in the Nevada Department of

18 Corrections, with a fine of between 2,000 to $5,000, or

19 greater sum.

20 And as a consequence, further, if the defendant

21 should fail the DUI Diversion Court, she would then be

22 sentenced to prison for the felony DUI under the first-time

23 felony parameters, as discussed, of one to six years, as

24 described in paragraph 6 of the guilty-plea memorandum,

5
 1 coupled with the fine the Court would deem appropriate.

2 THE COURT: Thank you.

3 Mr. Potter, did Mr. Houston accurately state the

4 negotiations in this case?

5 MR. POTTER: Yes, he did, Your Honor.

6 THE COURT: All right. Thank you very much.

7 And before I canvass your client, Mr. Houston, would

8 you please educate the Court on one important piece here.

9 The Court is familiar with the notice of election

10 that was filed in this matter seeking what we're all

11 referring to as "SB-277," that bill resulting in a law nine

12 years ago, that people apparently still refer to as "SB-277,"

13 although, of course, in the last nine years there have been a

14 whole host of SB-277s, I presume, since then. But I know

15 what you're talking about: essentially, the DUI deferral

16 program.

17 And I saw the Exhibit 1 attached, which, apparently,

18 Mr. Houston, is the qualifying diagnosis that would entitle

19 the Court, if the Court feels it fair and just at the time of

20 sentencing, if I accept your client's plea this afternoon,

21 entitle her to such treatment.

22 What exactly is the diagnosis? Because I reviewed

23 it, and I'm a little confused as to what exactly she has

24 going on as the evaluator, Dr. Freida or Freida, indicated.

6
 1 What exactly would entitle her, if the Court thought it fair

2 and just?

3 And, by the way, another comment for anybody else on

4 this Zoom -- these Zoom hearings. Please mute your

5 microphone so that, if you make a noise, you don't pop up in

6 the speaker view.

7 All right. Mr. Houston, how would you respond to

8 what the Court just asked, please?

9 MR. HOUSTON: Your Honor, that would be in reference

10 to results of assessment, under the comprehensive addiction

11 psychological evaluation, also known as CAAPE, wherein the

12 treating physician indicated the results of the CAAPE for

13 this defendant indicate that she does meet the DSM-V criteria

14 for 303.90, alcohol-use disorder, and the consequence of the

15 same in reference to that specific DSM contacts the issues

16 concerning the alcohol addiction. And I believe that's also

17 explained, as it concerns Miss Sferrazza, her present

18 problem.

19 The good news is, Your Honor, the same testing also

20 indicated that she does not meet any criteria for any

21 psychopathologies assessed by the instrument, meaning that

22 she is treatment amenable.

23 THE COURT: Thank you.

24 Mr. Potter, do you agree that there's a qualifying

7
 1 evaluation here?

2 MR. POTTER: Your Honor, I would leave that up to

3 Mr. Bryant to argue that at sentencing. I'm not going to

4 take any position right now.

5 THE COURT: What was the defendant's blood-alcohol at

6 the time that she was arrested for this case, Mr. Houston?

7 MR. HOUSTON: Exceptionally high, Your Honor. It was

8 either high threes or -- I believe it was high threes, Your

9 Honor.

10 THE COURT: Okay. Thank you.

11 I don't want to get tripped up here. I just want to

12 make sure that, at the time the Court proceeds to sentencing,

13 and I'm being asked to allow Ms. Sferrazza to show

14 everyone -- herself, her friends, counsel, the Court, this

15 community -- what she can do, and what she's capable of, I

16 want to make sure that she is entitled to receive the

17 benefits, if that's the direction that the Court goes. And

18 to do that, I'm aware you need a qualifying evaluation.

19 And the evaluation I got here seemed a bit thin.

20 However, I do see where there is a diagnosis from somebody

21 who is extremely experienced, educated, and competent, and

22 knows more -- no -- has forgotten more about this area than

23 this Court will ever know. I certainly concede that.

24 So I want to make sure this wasn't an exercise that

8
 1 would not result in the defense being able to ask for such

2 deferral treatment. So I'm convinced that the evaluation

3 does allow the ask.

4 All right. So, Ms. Sferrazza, let me ask you a few

5 questions.

6 First of all, you're out of custody, so I'm going to

7 ask that you be placed under oath.

8 Ms. Clerk, please administer the oath of the witness

9 to Ms. Sferrazza.

10 (Defendant sworn.)

11 THE COURT: Thank you.

12 All right, ma'am. First of all, have you had enough

13 time to meet with your attorney on this case?

14 And do me a favor. Speak up just a little bit,

15 because I'm having a little bit of a hard time hearing.

16 All right. Is your answer "Yes"?

17 THE DEFENDANT: Yes, Your Honor.

18 THE COURT: All right. Are you prepared to plead

19 guilty this afternoon?

20 THE DEFENDANT: Yes, I am.

21 THE COURT: As you sit here today, are you taking any

22 medicine that would interfere with your ability to understand

23 what is happening in court?

24 THE DEFENDANT: No, I'm not.

9
 1 THE COURT: Are you sick or injured in any way?

2 THE DEFENDANT: No, I am not.

3 THE COURT: Okay. By pleading guilty this morning,

4 you give up several important constitutional rights, and I

5 want to make sure I'm convinced that you understand that.

6 So the first right you give up is the right to a

7 trial by jury. Do you understand that?

8 THE DEFENDANT: Yes, I do.

9 THE COURT: If you pled not guilty, and we went to

10 trial, Mr. Potter would have to prove the charges against you

11 to a unanimous jury of 12 people beyond a reasonable doubt.

12 Do you understand that?

13 THE DEFENDANT: Yes, I do.

14 THE COURT: You could invoke your right to a speedy

15 trial under the United States Constitution and Nevada State

16 law, in which case we would move you to the -- right near the

17 top of the list of matters waiting to be tried. Do you

18 understand that?

19 THE DEFENDANT: Yes, I do.

20 THE COURT: If there were a trial, Mr. Houston could

21 challenge the evidence against you, he could call witnesses

22 in your defense, he could exercise and -- invoke, rather, the

23 Court's subpoena power to make witnesses come to court, even

24 if they didn't want to. You're giving up those rights. Do

10
 1 you understand that?

2 THE DEFENDANT: Yes, I do.

3 THE COURT: If there were a trial, you would not have

4 to testify. You could remain silent, and your silence could

5 not be used against you. Do you understand that?

6 THE DEFENDANT: Yes, I do.

7 THE COURT: Has anyone threatened you to plead guilty

8 against your free will?

9 THE DEFENDANT: No, Your Honor.

10 THE COURT: Has anybody made any promises to you for

11 your guilty plea?

12 THE DEFENDANT: No, Your Honor.

13 THE COURT: Do you understand that, while the defense

14 will ask for the Court to direct you to the DUI deferral

15 pursuant to SB-277, at the end of the day the Court needs to

16 make a determination, taking into account all factors and

17 hearing from the State and hearing from you and hearing again

18 from Mr. Houston, and perhaps additional information

19 provided, plus a presentence investigation report, to come up

20 with a fair and just sentence. Do you understand that?

21 THE DEFENDANT: Yes, Your Honor.

22 THE COURT: So, for example, the guilty-plea

23 memorandum, which you signed -- well, let me ask you. Did

24 you sign the guilty-plea memorandum?

11
 1 THE DEFENDANT: Yes, I did.

2 THE COURT: Did you read it before you signed it?

3 THE DEFENDANT: Yes, I did.

4 THE COURT: And did you and Mr. Houston have a chance

5 to go over it?

6 THE DEFENDANT: Yes, we did.

7 THE COURT: Mr. Houston, any doubt in your mind that

8 Ms. Sferrazza knew what she was signing?

9 MR. HOUSTON: No doubt, Your Honor.

10 THE COURT: Thank you.

11 Ms. Sferrazza, you understand -- and Mr. Houston did

12 a very good job of going over some of the more important

13 pieces of that, but I want to emphasize a few of them.

14 You understand that, if the Court opts not to grant

15 you a DUI diversion opportunity, then you're looking at one

16 to six years in the Nevada Department of Corrections. Do you

17 understand that?

18 THE DEFENDANT: Yes, I do.

19 THE COURT: So, for example, the next time I see you

20 for your sentencing, if I thought it was fair, you might be

21 taken into custody and sent down to the Florence McClure

22 Women's Correctional Center outside of Las Vegas. Do you

23 understand that?

24 THE DEFENDANT: Yes, I do.

12
 1 THE COURT: Do you understand that the Court could

2 impose a fine of between 2,000 and $5,000?

3 THE DEFENDANT: Yes, I do.

4 THE COURT: Do you understand that, if the Court does

5 opt for the DUI diversion opportunity, and you complete it,

6 then later you pick up yet another DUI conviction, the

7 sentence range is non-probationable, and the range is two to

8 fifteen years. Do you understand that?

9 THE DEFENDANT: Yes, I do.

10 THE COURT: So it's essentially -- not essentially --

11 it's literally a heightened penalty, if there is a further

12 DUI conviction after even a successful completion of a DUI

13 deferral. Do you understand that?

14 THE DEFENDANT: Yes, I do.

15 THE COURT: Also, do you understand that, if you --

16 if I direct you to the DUI deferral program under SB-277, and

17 you fail out, or they return you to me, or they direct you --

18 you know, you don't complete it, then you will be sentenced

19 on the underlying one to six years, is the sentencing range

20 you will be looking at. Do you understand that?

21 THE DEFENDANT: Yes, I do.

22 THE COURT: Let me go over just a few additional

23 things that apply when somebody is seeking this type of a

24 deferral at sentencing.

13
 1 You understand that, if the Court at the time you're

2 sentenced directs you to the DUI diversion program, you are

3 responsible for the costs of that program.

4 THE DEFENDANT: Yes, I do.

5 THE COURT: Do you understand that the program is a

6 minimum of three years and a maximum of five years?

7 THE DEFENDANT: Yes, I do.

8 THE COURT: Do you understand that you're only

9 eligible to receive the DUI diversion opportunity one time in

10 your life? So there will be no further opportunities at such

11 diversion if you pick up another charge for which you're

12 found or pled guilty. Do you understand that, ma'am?

13 THE DEFENDANT: Yes, I do.

14 THE COURT: Mr. Potter, will you please read the

15 charge to which Ms. Sferrazza is pleading guilty this

16 afternoon.

17 MR. POTTER: Yes, Your Honor.

18 She's pleading guilty to driving under the influence

19 of alcohol and/or controlled substance, third offense, a

20 violation of NRS 484C.110 and NRS 484C.400, a Category B

21 felony, in that the said defendant, on or about March 31st,

22 2020, within the County of Washoe, State of Nevada, did

23 willfully and unlawfully drive or be in actual physical

24 control of a blue 2017 Lincoln MKZ on or about a parking lot

14
 1 to which the public has access, located at 1220 Robb Drive,

2 Reno, in the County of Washoe, State of Nevada, while under

3 the influence of intoxicating liquor, and/or while having a

4 concentration of alcohol of 0.08 or more in her blood or

5 breath, and/or within two hours after driving or being in

6 actual physical control of said vehicle, did have a

7 concentration of alcohol of 0.08 or more in her blood or

8 breath; after having been previously convicted of driving

9 under the influence, a misdemeanor, on January 15th, 2015, in

10 the Reno Municipal Court, for an offense that occurred on or

11 about September 17th, 2014; and after having been previously

12 convicted of driving under the influence, a misdemeanor, on

13 December 7th, 2016, in the Reno Municipal Court, for an

14 offense that occurred on or about September 28th, 2016.

15 THE COURT: Thank you.

16 Ms. Sferrazza, did you hear the charge that the

17 district attorney just read against you?

18 THE DEFENDANT: Yes, I did.

19 THE COURT: Did you commit that crime?

20 THE DEFENDANT: Yes, I did.

21 THE COURT: How do you plead to it: Guilty or not

22 guilty?

23 THE DEFENDANT: Guilty.

24 THE COURT: The Court finds that the defendant

15
 1 understands the nature of the charge against her. The Court

2 finds she understands the consequences of her plea, and that

3 she has made a knowing, voluntary, intelligent waiver of her

4 constitutional rights. And, therefore, the Court accepts her

5 guilty plea.

6 Listen carefully, Ms. Sferrazza. This will be the

7 date and time that you'll be sentenced.

8 Ms. Clerk.

9 THE CLERK: September 28th, at 1:30.

10 THE COURT: Now, Ms. Sferrazza, before we sign off

11 here, I want to make a couple comments.

12 First of all, stay in touch with your attorney, for

13 several reasons.

14 One, he's going to assist you in preparing for that

15 date. But also there's a slight chance that the date and

16 time could change, so, of course, you're not going to miss

17 your sentencing. That's number one.

18 Number two, stay out of trouble between now and then.

19 You're already in trouble. You have a lot of explaining to

20 do. This is a free-to-argue case, where the district

21 attorney may ask the Court to put you in prison. So by

22 all -- you know, all means, you want to come with your best

23 foot forward, explain to the Court what happened here. And

24 however it shakes out for you on the date of your sentence,

16
 1 you're going to try to move past this, and find the inner

2 strength to make sure nothing like this ever happens again,

3 and continue to be, you know, a strong Nevada woman.

4 And then, finally, between now and then, give some

5 thought to what you're going to tell the judge when I see you

6 again in September. What kind of person do you want to be?

7 Somebody who does what happened here, that you've now pled

8 guilty to; or somebody who can climb out of this hole and go

9 on and do things that don't hurt yourself, and potentially

10 endanger others. Do you understand all that, ma'am?

11 THE DEFENDANT: Yes, I do, Your Honor.

12 THE COURT: Thank you.

13 Mr. Houston, anything else from the defense at this

14 point?

15 MR. HOUSTON: No. Only that I know the Court just

16 set September 28th. Is there any way possible to get it

17 before the 22nd, or after the 6th of October?

18 THE COURT: Well, I'd rather -- the Court is dark the

19 first 10 days of October, so I don't have that date. It

20 could be the week after. But, you know, assuming Mr. Potter

21 does not object, every day that goes by -- I mean, I want to

22 make sure that we're setting your client up for the best

23 possible ask she can. If you're comfortable that she remains

24 out of custody and out of trouble for a longer period of

17
 1 time, I won't object.

2 Of course, Mr. Potter may say the State has a right

3 to have finality here.

4 So let me hear from Mr. Potter.

5 Mr. Potter.

6 MR. POTTER: Your Honor, the State would have no

7 objection to hearing this sometime in October.

8 THE COURT: Okay. How about from the Division? Any

9 problem if we put this off to mid-October?

10 MR. PEREZ: No, Your Honor.

11 THE COURT: Ms. Sferrazza, do you understand that

12 everything I told you still applies, but now you're going to

13 have to wait about 60 days before your sentencing? Do you

14 understand that?

15 THE DEFENDANT: I do, Your Honor.

16 THE COURT: Any objection from you, ma'am?

17 THE DEFENDANT: No, Your Honor.

18 THE COURT: Okay. Thank you.

19 Ms. Clerk, what date and time, then, on the

20 out-of-custody calendar, approximately eight weeks or nine

21 weeks from now?

22 THE CLERK: October 12th, at 1:30.

23 THE COURT: Okay. Mr. Houston, does that work?

24 MR. HOUSTON: Thank you, Your Honor. Yes.

18
 1 THE COURT: Ms. Sferrazza, any other questions you

2 may have?

3 THE DEFENDANT: No. Thank you for your time.

4 THE COURT: You're quite welcome.

5 All right. We'll see you in October.

6 Thank you, everyone.

7 THE DEFENDANT: Thank you.

8 MR. HOUSTON: Your Honor, they do have us call Parole

9 and Probation in a couple of days. I think it's a 684

10 number.

11 THE COURT: Okay. Mr. Perez, what's the best way for

12 the defense to work with the Division to get information to

13 them for the presentence report?

14 MR. PEREZ: Thank you, Your Honor.

15 Mr. Houston is correct; it is a 684 number. It's

16 684-2300. And Ms. Sferrazza is directed to call our office

17 within a couple of days, and continue to call until she

18 reaches out and is put in touch with her presentence

19 investigation report writer. We do have everybody calling in

20 at once, so she may have to try a couple times.

21 MR. HOUSTON: Thank you, Your Honor.

22 THE COURT: All right. Thank you very much.

23 THE DEFENDANT: Thank you.

24

19
 1 STATE OF NEVADA )

2 COUNTY OF WASHOE )

4 I, ISOLDE ZIHN, a Certified Shorthand Reporter of the

5 Second Judicial District Court of the State of Nevada, in and

6 for the County of Washoe, do hereby certify:

7 That I was present in Department 8 of the

8 above-entitled court on Monday, August 10, 2020, at the hour

9 of 1:30 p.m. of said day, and took verbatim stenotype notes

10 of the proceedings had upon the matter of THE STATE OF

11 NEVADA, Plaintiff, versus JULIE SFERRAZZA, Defendant, Case

12 No. CR20-1030, and thereafter reduced to writing by means of

13 computer-assisted transcription as herein appears;

14 That the foregoing transcript, consisting of pages 1

15 through 20, all inclusive, contains a full, true and complete

16 transcript of my said stenotype notes, and is a full, true

17 and correct record of the proceedings had at said time and

18 place.

19 Dated at Reno, Nevada, this 23rd day of August, 2020.

20

21

22 /s/ Isolde Zihn _

24

20