Supreme Court

Decision Information

Decision information:

Transcript of the Reasons for Sentence

Decision Content

 

R v King, 2019 NWTSC 7             S-1-CR-2018-000021

 

 

AMENDED ORIGINAL

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF:

 

 

HER MAJESTY THE QUEEN

 

 

- v -

 

 

TRAVIS KING

 

 

ORIGINAL amended as of February 13, 2019, to: Publication Ban removed.

_________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice L.A. Charbonneau, sitting in Yellowknife, in the Northwest Territories, on the 16th day of January, 2019.

_________________________________________________________ APPEARANCES:

Mr. J. Major-Hansford:        Counsel for the Crown

 


Mr. R. Clement, agent for Mr. P. Harte:


Counsel for the Accused


 

 

(Charges under s. 354(1)(a) of the Criminal Code, s. 5(2) of the Controlled Drugs and Substances Act)


 

1               THE COURT:             Today I must sentence Mr. King

2                         on a charge of being in possession of money

3                         knowing that it was obtained through criminal

4                         activity.  In this case, the criminal activity in

5                         question was drug trafficking.

6                                     I will first summarize briefly the facts

7                         that I heard on Monday and are included in the

8                         Agreed Statement of Facts that was filed as an

9                         exhibit.

10                                     In May 2017, Mr. King was arrested, along

11                         with others, following a drug investigation that

12                         was conducted by the RCMP in Yellowknife.  The

13                         investigation revealed that he and several others

14                         were seen coming and going from an apartment in

15                         Yellowknife.

16                                     On the day of his arrest, Mr. King was in a

17                         vehicle with another man, and they attended a

18                         campsite at the Fred Henne Campground.  They went

19                         inside a trailer that was on the campsite, then

20                         came back out and into their vehicle.  They were

21                         intercepted shortly thereafter.

22                                     Mr. King was found in possession of $415.

23                         The other man in the vehicle was in possession of

24                         money as well, just over $1,000.  Cocaine was

25                         seized in the vehicle.  Almost 30 grams of

26                         cocaine were found in the trailer on the

27                         campsite, as well as 400 grams of marijuana and


 

1                         over $15,000 in cash.

2                                     The apartment was searched as well, and a

3                         shotgun, ammunition and various indications of

4                         drug trafficking were found.  In addition, almost

5                         100 grams of cocaine and $5,000 in cash were

6                         seized in that apartment.

7                                     Mr. King admitted through his guilty plea

8                         and through admitting these facts that the money

9                         that he was found in possession of was proceeds

10                         of crime.  The facts that he admitted amply

11                         support the conclusion that it was proceeds

12                         derived from trafficking in drugs, including

13                         trafficking in cocaine.

14                                     The Crown does not allege that Mr. King was

15                         the leader of this operation.  Far from it.  The

16                         Crown takes the position that Mr. King should be

17                         sentenced on the basis that his role in this

18                         operation was that of a runner, and I think that

19                         is a fair concession on the part of the Crown.

20                                     At the time this offence was committed,

21                         Mr. King was on process for a number of charges,

22                         including drug charges, which arose in 2016.  He

23                         was bound by a recognizance signed in July 2016,

24                         and his conditions, aside from statutory ones,

25                         included that he have no contact with a certain

26                         number of people, including a person named

27                         Brandon Baxandall.  This is one of the


 

1                         individuals who was seen coming and going from

2                         the apartment that I have referred to, during the

3                         investigation that led to the charge I am dealing

4                         with today.

5                                     The Crown has also filed a copy of an

6                         undertaking that was entered into by Mr. King

7                         after the events I have to sentence him for

8                         today.  That undertaking was entered into in

9          November 2017.  The charges it relates to is

10                         trafficking in cocaine.  The conditions include a

11                         no-contact condition with respect to Brandon

12                         Baxandall.  Those charges arise from

13                         Saskatchewan.  It is important to say that those

14                         charges are still pending, so Mr. King still

15                         benefits from the presumption of innocence on

16                         them.

17                                     The May 2016 Yellowknife charges were dealt

18                         with last June.  On June 18th, 2018, my

19                         colleague, Justice Shaner, sentenced Mr. King to

20                         30 months' imprisonment for that offence minus

21                         credit that he was given for his remand time.

22                         The charge Mr. King was sentenced on, on that

23                         occasion, was a charge of possession of cocaine

24                         for the purpose of trafficking.  Justice Shaner's

25                         decision is reported at R v King, 2018 NWTSC 44.

26                                     The pre-sentence report that was filed as an

27                         exhibit in these proceedings was prepared for the


 

1                         sentencing hearing before Justice Shaner.  The

2                         circumstances of Mr. King that are outlined in

3                         this report are, of course, as relevant to this

4                         sentencing as they were to the earlier

5                         sentencing.  Those circumstances were reviewed in

6                         detail by Justice Shaner in her decision, and I

7                         am not going to go over all of that again today.

8                                     Suffice it to say that the circumstances

9                         that Mr. King faced, from a very early point in

10                         his life, were extremely difficult and tragic.

11                         This pre-sentence report is truly a heartbreaking

12                         read.  No child should have to grow up in those

13                         circumstances, but sadly, many do and, sadly, the

14                         judges of this Court and of the Territorial Court

15                         read many heartbreaking pre-sentence reports and

16                         hear about many heartbreaking circumstances

17                         during the course of sentencing hearings.

18                                     When he addressed the Court at the end of

19                         counsel's submissions a few days ago on this

20                         matter, Mr. King said something that, to my mind,

21                         is very important.  He said he wanted the

22                         destructive and sad cycle that he has been caught

23                         in to end with him.  He said he wants to take

24                         responsibility for his actions, he does not blame

25                         anyone else for his choices and he wants to make

26                         a new start and change his ways.

27                                     That is important because a person with his


 

1                         background could stay stuck in a pattern of

2                         simply saying that the behaviour that he is

3                         engaging in now is a result of what happened to

4                         him in the past, and no doubt it is.  But the

5                         important part is deciding that the future can be

6                         different.  The future can be better.

7                                     Mr. King sounded very sincere and determined

8                         when he said that to me, and everything else he

9                         said to me, and it is my sincere and heartfelt

10                         wish for him that he will stay on that course,

11                         because it is, in fact, the only way forward.

12                                     Mr. King's background is highly relevant to

13                         his sentencing.  An offender's background always

14                         is relevant, but our law is that it is especially

15                         relevant for Indigenous offenders.  That

16                         background has to inform the entire approach to

17                         the determination of a proportionate sentence.

18                                     A difficult background, a tragic background

19                         even, does not excuse the commission of crimes

20                         and does not eliminate the need for the Court to

21                         impose a meaningful sentence for that crime.  But

22                         it does have an impact on the level of

23                         blameworthiness of an offender, and that reduced

24                         blameworthiness in turn has an impact on the

25                         determination of what is a proportionate

26                         sentence.

27                                     Justice Shaner addressed all of this in her


 

1                         decision last June.  I cannot say it better than

2                         she did, and so for today's purposes, I will

3                         simply say that I agree with everything that she

4                         said in that regard last June.

5                                     She also talked about the harm that drug

6                         trafficking causes and why courts, no matter how

7                         sympathetic a person's circumstances are, have to

8                         impose meaningful sentences when they deal with

9                         those offences.

10                                     Again, I do not think there is a need for me

11                         to repeat all of this today.  These things are

12                         things that courts say frequently.  They are

13                         things Mr. King heard last June at the sentencing

14                         hearing.  So, again, I will simply say that I

15                         agree with what was said at that time, on that

16                         topic.

17                                     The challenge in honouring and balancing all

18                         of these principles is obvious.  Indeed, even

19                         having recognized the tragic circumstances

20                         Mr. King faced and her duty to take those into

21                         account in deciding what the sentence should be,

22                         Justice Shaner nonetheless imposed a significant

23                         jail term on Mr. King last June.

24                                     Today I am not sentencing Mr. King for a

25                         drug offence, but that does not mean that it is

26                         irrelevant that the proceeds he was in possession

27                         of were connected to drug trafficking.


 

1                                     I found the analysis of Judge Malakoe of the

2                         Territorial Court in R v Jager, 2014 NWTTC 20

3                         very instructive and persuasive in this regard.

4                                     At paragraphs 25 to 33 of that decision,

5                         Judge Malakoe outlined some of the factors that

6                         are to be considered in sentencing an offender

7                         for a proceeds of crime charge, generally

8                         speaking.  These include:

9                                     a)  The degree of responsibility of the

10                         accused in the commission of the offence, whether

11                         it is an active or a passive role;

12                                     b)  The degree of commerciality and actual

13                         amount of money involved;

14                                     c)  Whether the operation is an ongoing

15                         enterprise;

16                                     d)  If the criminal activity is drug

17                         activity, the nature of the drug being

18                         trafficked;

19                                     e)  Whether the accused's motivation is

20                         greed, profit or some other reason; and

21                                     f)  Whether the accused, in fact, made a

22                         profit.

23                                     Judge Malakoe also discussed the difference

24                         between sentencing in drug cases and sentencing

25                         in proceeds cases, noting that Parliament draws a

26                         distinction between the two.  Having noted that

27                         distinction, he went on to say at paragraph 46:


 

1

Although this distinction exists, the

2                                     distinction becomes less evident when the holder of the proceeds of a criminal

3                                     offence is involved in assisting the continuation of the offence itself.

4

5                                     I agree with that.  Whether someone holds a

6                         stash of drugs for a drug trafficking

7                         organization or acts as a runner, or whether that

8                         person holds some money for that organization,

9                         those actions enable the continuation of the

10                         activity.  The blameworthiness for that behaviour

11                         is comparable because, in both cases, that

12                         behaviour facilitates the continuation of an

13                         activity that often allows some people to make a

14                         lot of money while preying on other people's

15                         vulnerabilities and sometimes destroying their

16                         lives.

17                                     As far as the factors that I have just

18                         mentioned that apply to sentencing in proceeds

19                         cases generally, the Crown underscored, and I

20                         understand why, that this appeared to be an

21                         ongoing activity, that cocaine was the subject

22                         matter of some of that activity and that overall

23                         the amount of money seized and the quantity of

24                         drugs seized are not insignificant.  But the

25                         Crown did not attempt, and rightfully so on the

26                         evidence, to argue that Mr. King was a senior or

27                         a leading member of this organization.  And his


 

1                         role is something I have to take into account as

2                         well.

3                                     One of the issues that I raised during

4                         submissions earlier this week is the effect of

5                         the principle of totality in these proceedings.

6                                     When Mr. King was sentenced in June 2018, he

7                         was already facing this charge.  At that point,

8                         he had not yet pleaded guilty to it.  There are

9                         various reasons why this case was on a different

10                         track than the other one, including the fact that

11                         Mr. King brought a certiorari application on this

12                         matter.

13                                     That application had not been decided at the

14                         time of the June sentencing hearing.  The

15                         application ultimately failed, but Mr. King had

16                         the right to make it and should not be punished

17                         for having exercised that right.

18                                     Had the timing of things been different and

19                         had Mr. King been sentenced for all those matters

20                         together, he would have had the benefit of the

21                         principle of totality, which is set out at

22                         Section 718.2(c) of the Criminal Code and says: 23

24                                     (c) where consecutive sentences are imposed, the combined sentence should not

25                                     be unduly long or harsh

26

27              The Crown took the view earlier this week


 

1                         that, strictly speaking, the principle of

2                         totality only applies when a court is imposing

3                         sentence for several offences at the same time,

4                         not when, as here, a serving prisoner is

5                         sentenced for another offence.  But the Crown did

6                         acknowledge that the fact that Mr. King is

7                         already serving a sentence is part of his overall

8                         circumstances and must be taken into account.

9                                     I am not convinced that the principle of

10                         totality has as narrow an application as what the

11                         Crown suggests, but I do not have to decide that

12                         today.

13                                     Whether it is by operation of the principle

14                         of totality or simply through taking into account

15                         Mr. King's current circumstances, I think it

16                         would be an error not to consider the net result

17                         of the decision I make today.  By this I mean

18                         that I think I must take into account the effect

19                         of the sentence I will impose today having regard

20                         to the unexpired portion of his existing

21                         sentence.

22                                     Aside from Mr. King's personal

23                         circumstances, which, as I have said, reduce his

24                         blameworthiness, it is mitigating that he pleaded

25                         guilty.  This represents an acknowledgment of

26                         responsibility, a willingness to own up to what

27                         he has done and to face the consequences.  He has


 

1                         given up his right to have a trial and to

2                         challenge the Crown's case.  This has saved court

3                         time and resources.  He is entitled to credit for

4                         that.

5                                     It is aggravating, on the other hand, that

6                         this offence was committed when Mr. King was on

7                         process for drug charges.  It is very aggravating

8                         that he continued to associate with Mr. Baxandall

9                         and others who were involved with the drug trade

10                         and that he continued himself to have a role in

11                         that operation.

12                                     As I have noted, the Saskatchewan charges

13                         are not proven, but the fact that another

14                         judicial officer saw fit to prohibit contact

15                         between Mr. King and Mr. Baxandall as part of his

16                         process on those matters raises obvious concerns

17                         about ongoing contact with this individual, who

18                         is associated with both sets of offences

19                         committed by Mr. King in the Northwest

20                         Territories.

21                                     Hopefully that association is now a thing of

22                         the past for Mr. King.  If it is not, or if that

23                         association resumes, there is, sadly, a very good

24                         chance that Mr. King will find himself in trouble

25                         again.  And no one here wants to see that happen.

26                                     I have reviewed the Court's record on the

27                         matters for which Mr. King is currently serving a


 

1                         sentence.  The warrant of committal on the Court

2                         file relating to the June 18th sentencing says

3                         that Justice Shaner imposed a sentence of 30

4                         months and that once credit was applied for the

5                         remand time, the further jail term imposed that

6                         day was 23 months and 15 days.  Of this time,

7                         seven and a half months have elapsed, which means

8                         the unexpired portion of that sentence is 16

9                         months.

10                                     Counsel agree that if I impose a consecutive

11                         sentence for the present offence, that sentence

12                         will merge with the unexpired portion of

13                         Mr. King's current sentence.  If that unexpired

14                         portion and the sentence I impose adds up to more

15                         than two years, the sentence will become a

16                         penitentiary sentence.

17                                     In that event, whether Mr. King is permitted

18                         to continue serving his sentence in the North

19                         would be up to the Director of Corrections.

20                         Sentencing judges can make recommendations about

21                         these things, but those recommendations are not

22                         binding on the authorities.

23                                     Mr. King has asked me to make this sentence

24                         concurrent when he addressed me directly, and I

25                         cannot do that.  There has to be a meaningful,

26                         tangible consequence to this offence because

27                         sentencing is not just about him.  So the


 

1                         sentence I impose today will be consecutive to

2                         the sentence he is currently serving.

3                                     However, for reasons I have already given, I

4                         have taken into account the effect of that

5                         sentence in conjunction with the unexpired

6                         portion of the sentence that Mr. King is

7                         currently serving.

8                                     In particular, I have taken into

9                         consideration the fact that Mr. King is still

10                         very young.  I have considered his own statements

11                         about what he wants to do to turn a page and work

12                         towards his rehabilitation.  I think that, if

13                         possible, within the bounds of the law, my

14                         sentence should support those efforts and not

15                         crush them, because we will all be better off as

16                         a community if Mr. King succeeds in his

17                         rehabilitation.

18                                     Crown and Defence are not very far apart in

19                         their submissions on sentence.  Crown seeks a

20                         jail term in the range of nine to 12 months,

21                         whereas Defence urges me to impose a sentence of

22                         six months.

23                                     The Defence's position, as I understand it,

24                         is mainly anchored in the objective of avoiding

25                         the net result of these proceedings being a

26                         global sentence that is in the penitentiary

27                         range.


 

1                                     Defence counsel also mention in passing a

2                         number of cases which he argued support the range

3                         that he seeks, and although it is not going to

4                         make a difference for today's purposes, I do want

5                         to comment about this briefly.

6                                     It is very difficult for the Court to

7                         properly weigh the relevance of other cases

8                         without having the benefit of reading the actual

9                         decisions.  Having only the bottom line (by this

10                         I mean the sentence imposed) is of marginal

11                         assistance if the rest of the context is not

12                         before the Court.

13                                     Just by way of illustration, one of the

14                         cases referred to by counsel was R v Bjornson,

15                         2018 NWTSC 79, where a sentence of six months was

16                         imposed.  I happen to be familiar with that case

17                         because I was the sentencing judge, and because

18                         of that I know certain things about the case that

19                         are important context to understand the sentence

20                         that was imposed.

21                                     First, the sentence imposed in that case was

22                         the result of a joint submission.  I have had

23                         occasion to say this before:  sentences imposed

24                         as a result of a joint submission have minimal

25                         precedential value.  That is so because under the

26                         current state of the law, a sentencing judge has

27                         an extremely limited discretion to depart from a


 

1                         joint submission.

2                                     A joint submission represents counsel's

3                         agreement as to what the sentence should be.  The

4                         Supreme Court of Canada has said that unless the

5                         position is completely unhinged from the

6                         circumstances of the case, unless it would bring

7                         the administration of justice into disrepute, a

8                         joint submission must be followed.  Given this,

9                         it cannot be said or assumed that a sentence

10                         imposed as a result of a joint submission

11                         represents the court's view as to what a fit

12                         sentence is.

13                                     The law now is, to be blunt, that a

14                         sentencing judge has to follow a joint submission

15                         even if the judge disagrees with it, unless that

16                         joint submission is entirely unreasonable.  That

17                         is why I say such sentences do not have very much

18                         precedential value at all.

19                                     The second thing about the Bjornson case is

20                         that it was quite unique and completely different

21                         from this case, both on its facts and with

22                         respect to the accused's personal circumstances.

23                         There was no evidence that the accused in that

24                         case had any ongoing involvement with any

25                         criminal activity.  The accused was not on

26                         process for drug charges when she committed the

27                         offence.  And she had, not very long before the


 

1                         sentencing hearing, given birth to a child who

2                         was expected to be taken into the correctional

3                         facility with her.

4                                     All this to say the sentence imposed in that

5                         case is of no assistance at all in supporting a

6                         six-month sentence in this case.

7                                     I was not the judge on the other cases that

8                         were mentioned on Monday, so I do not have that

9                         kind of context about those other cases, but I am

10                         confident that there were nuances and

11                         characteristics about those cases that may shed a

12                         lot of light on how those sentences were arrived

13                         at.  It is often said that no two cases are

14                         alike, and sentencing decisions are difficult to

15                         compare.  But it is virtually impossible to use a

16                         case without having all the information about the

17                         circumstances of the offence and of the offender

18                         and without knowing whether, for example, the

19                         sentence was the result of a joint submission.

20                                     As I said, in this case, it is not going to

21                         make a difference, but I thought it important to

22                         mention in case a case does come up where it does

23                         make a difference.

24                                     In conclusion, given the nature of the

25                         offence and the aggravating factors, there is

26                         nothing excessive about the sentence that the

27                         Crown is seeking, especially taking into account


 

1                         that Mr. King was on process at the time and that

2                         he can no longer be treated as a first offender.

3                                     These offences were committed one year

4                         apart.  It is not as though they belonged to the

5                         same cluster of activities in a relatively short

6                         time span.

7                                     Mr. King's involvement in this overall

8                         activity in this underworld was ongoing for some

9                         time and persisted even after he was charged with

10                         the May 2016 offences.

11                                     There is an ongoing and undeniable continued

12                         need for deterrent and denunciatory sentences for

13                         this type of crime in this jurisdiction.

14                                     At the same time, whatever the case, there

15                         is never just one fit sentence.  Sentencing is a

16                         highly individualized process, and when there is

17                         no mandatory minimum punishment, a judge has to

18                         decide within a range, often a broad range, what

19                         the sentence should be.

20                                     Denunciation and deterrence are important

21                         but so is rehabilitation and so is giving effect

22                         to the principles set out by the Supreme Court of

23                         Canada about restraint in general and restraint

24                         in the sentencing of Indigenous offenders, in

25                         particular.  And I think in all cases, the

26                         firmness of the message that the Court needs to

27                         send out must be tempered with mercy within the


 

1                         bound that the law permits.

2                                     Hopefully the June 2018 sentencing marked a

3                         true turning point for Mr. King.  Listening to

4                         him speak, that is what I understood him to be

5                         saying.  In the hopes that this is the case, I

6                         have tried to balance the need for the Court to

7                         impose a sentence that reflects the seriousness

8                         of the offence and its aggravating features but

9                         also giving due weight to all other

10                         considerations.

11                                     I have thought about this a lot, and I

12                         really do not think it would be helpful or

13                         desirable to impose a sentence that could result

14                         in Mr. King serving his sentence in a

15                         penitentiary.  It may be that he would be

16                         permitted to serve his sentence in the North, but

17                         it would not be up to me to decide.  I am not

18                         comfortable taking that risk and I have crafted

19                         my sentence accordingly.

20                                     Even considering the seriousness of the

21                         offence, when I take into account the guilty plea

22                         and his circumstances, I think the sentence

23                         imposed can be below the range sought by the

24                         Crown, even though as I said, the Crown's

25                         position is not at all excessive.

26                                     Would you stand up, please, Mr. King.

27                                     Mr. King, I have decided to impose a


 

1                         sentence of seven months consecutive on this

2                         offence.  That is less than the Crown was

3                         seeking, a little bit more than your defence

4                         lawyer was asking.  It is still, all things

5                         considered, quite a lenient sentence.  I hope you

6                         understand that, but I hope that it helps you

7                         with your efforts to continue on the right path.

8                                     You can sit down.

9                                     I read the transcript, Mr. King, of what

10                         Justice Shaner said to you, and I am sure you

11                         remember what she said.  We cannot change the

12                         past, she said, but we can change the future.

13                                     She encouraged you to use your time in jail,

14                         the resources that are there, to try to deal with

15                         all the things that have happened to you.

16                                     At 23, you have faced more challenges than

17                         most of us will face in our lifetime.  I know I

18                         do not know what that feels like, but the fact is

19                         that that cannot be changed, and the only thing

20                         you can change is what happens next.

21                                     Just the way you were talking to me Monday,

22                         I can tell that you are a smart person, and I can

23                         tell that you can be strong and I am sure you can

24                         turn things around if you set your mind to it.

25                                     I think you really said it the best.  You

26                         said you made wrong choices and you want to make

27                         the right ones and you do have that power.  It is


 

1                         not going to be easy, it might actually be very

2                         hard when you are first released.  I do not think

3                         I need to tell you that, because when you regain

4                         your freedom, then you regain the ability to make

5                         a lot more choices, and so it is even more

6                         difficult to make the right ones.

7                                     But I want to remind you it is part of

8                         Justice Shaner's sentence that you be on

9                         probation when you are released.  That is not

10                         part of my sentence, but it is still going to

11                         happen when you are released.

12                                     And you will have a probation officer that

13                         you have to report to when you are released.  And

14                         I hope that you believe me when I say -- and this

15                         is what I believe to be true, I hope I am

16                         right -- that person is there to help you.  That

17                         is a resource.  They might be able to point you

18                         in the right direction.  They might be just

19                         someone you can talk to when you are feeling like

20                         you might be getting yourself close to being into

21                         trouble.  So that is really to help you.

22                                     And there is not an endless amount of

23                         resources, I know that, too, but probation

24                         officers can be a very good resource for you,

25                         even if just to check in and talk to.  And if you

26                         are supposed to report to them, let us say, in a

27                         week but you feel that you need to talk to them


 

1                         before that, you can always contact them.  They

2                         are there to help you with your efforts towards

3                         rehabilitation.

4                                     Stay away from drug traffickers.  These

5                         people are using you.  There is absolutely no

6                         good that can come to you from maintaining those

7                         contacts.

8                                     And I hope that when I see you next time it

9                         will be on the street or working somewhere, but

10                         not in this room.  And I sincerely wish you the

11                         best of luck.

12               THE ACCUSED:           Thank you.

13               THE COURT:             Is there anything I have

14                         overlooked from the Crown's perspective?

15               MR. MAJOR-HANSFORD:    Not from the Crown's

16                         perspective, Your Honour, thank you.

17               THE COURT:             Anything from Defence?

18               MR. CLEMENT:           No.

19               THE COURT:             All right.  So thank you.

20      _____________________________________________________

21      PROCEEDINGS CONCLUDED

22      _____________________________________________________

23

24

25

26

27


 

1                  CERTIFICATE OF TRANSCRIPT

2

3                         I, the undersigned, hereby certify that the

4               foregoing transcribed pages are a complete and

5               accurate transcript of the digitally recorded

6               proceedings taken herein to the best of my skill and

7               ability.

8                         Dated at the City of Sault Ste. Marie, Province

9                         of Ontario, this 26th day of January, 2019. 10

11                                     Certified Pursuant to Rule 723

12                                     of the Rules of Court 13

14

15

16                             _________________________

17                                                                        Kerri Francella

18                                                                        Court Transcriber

19

20

21

22

23

24

25

26

27

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.