Jackson’s jail time halted
A county Superior Court judge Thursday granted a partial and temporary stay of El Centro Councilman Jason Jackson’s sentencing for a misdemeanor animal cruelty conviction, allowing Jackson to postpone the start of his 10-day jail sentence.
The temporary stay will allow Judge Christopher J. Plourd time to review case law regarding his authority to stay misdemeanor sentences, as well as review briefs that he had asked counsel to soon submit on the matter.
Defense attorney Thomas Storey on Thursday had initially motioned for a stay of Jackson’s entire sentence, pending an appeal of that sentence, which was imposed on Aug. 17 by county Judge William D. Lehman.
That sentence included a 10-day jail sentence, three years formal probation, being barred from owning any pets for five years, a $1,000 fine, being subject to unwarranted search and seizure upon any request by law enforcement officials during the duration of his probation, undergoing counseling and being barred from leaving the state without the permission of a probation officer.
Instead, Plourd solely agreed to a temporary stay of Jackson’s jail sentence, as well as a stay of a probation term preventing Jackson from owning any animals or pets.
Prior to Plourd’s ruling, Storey had argued that the probation term preventing Jackson from owning any animals or pets was unconstitutional.
Plourd’s temporary stay of that specific probation condition allows Jackson to take possession of a pet cat that he was forced to give up following his Aug. 17 sentencing.
County Senior Deputy District Attorney Heather Trapnell had stated that prior to the start of Thursday’s hearing, she was unaware of about the specifics of Storey’s motion to stay the terms of Jackson’s sentence.
Trapnell also told the court that Storey’s motion to stay the jail sentence appeared to be another “frivolous” attempt by Jackson to find an alternative to serving jail time.
“I don’t think he’s entitled to it,” she said.
Counsel is scheduled to return to the El Centro courthouse on Sept. 7 for Plourd’s ruling on the stay of Jackson’s sentence.
Jackson did not appear in court Thursday, which was the day he was scheduled to begin his jail sentence.
An appeal of Jackson’s sentence is also pending, said Storey, who will not be representing Jackson during the appeal.