Judge Frank F. Fasel Slammed By Appellate Court For Illegal Sentencing of OC Meth Dealer
|Mr. Fasel: How many times do I have to tell you?|
Who knew Fasel--who has an ideal, stern poker face and the demeanor of an overworked mortician--is also a rule breaker?
This month, a California Court of Appeal based in Santa Ana slammed the veteran criminal judge for lazy conduct.
According to a three-justice appellate panel, Fasel has repeatedly botched the 2008 sentencing of methamphetamine dealer Cesar Velazquez Rodriguez, who also illegally possessed a weapon.
The judge gave Rodriguez two, 16-month prison terms on the meth count and the gun count but did not supply an adequate reason for requiring the punishment to be served consecutively.
In 2009, the appellate panel ordered a re-sentencing hearing to clean up the mistake.
But Fasel declined to follow the instructions of the higher court.
He didn't hold a hearing.
Outside the presence of anyone but himself, he wrote a terse, sloppy minute order confirming the consecutive prison terms and closed the case again.
It didn't delight the appellate justices or the California Attorney General's office that the judge also decided to ignore Rodriguez's right to be present during all major court actions in his case.
Rodruguez, 48, is housed in California's second oldest, maximum-security penitentiary: Folsom State Prison.
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