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R v Adzin, 2019 NWTSC 12               S-1-CR-2018-000132

 

 

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

 

 

IN THE MATTER OF:

 

 

HER MAJESTY THE QUEEN

 

 

- v -

 

 

PATRICK JR ADZIN

_________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice L.A. Charbonneau, sitting in Yellowknife, in the Northwest Territories, on the 12th day of March, 2019.

_________________________________________________________

 

 

APPEARANCES:

 

 

Mr. J. Potter:                Counsel for the Crown

Mr. J. Bran:                  Counsel for the Accused

 

 

(Charges under s. 5(2) of the Controlled Drugs and Substances Act)


 

1            THE COURT:             Patrick Jr. Adzin has pleaded

2                    guilty to possession of cocaine for the purpose

3                    of trafficking, and this afternoon, it is my

4                    responsibility to sentence him for that offence.

5                    Mr. Adzin was charged following an investigation

6                    by the Behchoko RCMP that lasted several months.

7                    He was suspected of drug trafficking, and police

8                    took various steps to investigate this.  The

9                    investigation started during the summer of 2017

10                   and progressed during the following months.  It

11                   included police surveillance of residences and

12                   people associated with Mr. Adzin.  Police also

13                   obtained judicial authorizations to track his

14                   movements.  Eventually, after surveillance that

15                   included following a truck from Behchoko to

16                   Dettah and then going back in the direction of

17                   Behchoko, that truck was intercepted.  Mr. Adzin

18                   was a passenger.

19                             He was found in possession of 51 grams of

20                   crack cocaine and a few grams of powder cocaine.

21                   He also had a hundred and forty dollars in cash

22                   on him.  The next day, he gave a statement to the

23                   RCMP where he admitted that the crack cocaine was

24                   in his possession for the purpose of trafficking.

25                   The powder cocaine that was in his possession was

26                   for his personal use.

27                             He admitted to police he had been selling


 

1                    crack cocaine in his community.  He said that he

2                    never sold any drugs that were contaminated with

3                    fentanyl.  There is no evidence suggesting that

4                    he ever sold any drugs contaminated with

5                    fentanyl.

6                             The street value of the crack cocaine,

7                    assuming it would have been sold in individual

8                    doses of .3 to .5 grams, is between $8,160 and

9                    $12,200.  That method of selling was the standard

10                   method of selling crack cocaine at the relevant

11                   time.

12                             This matter was scheduled to proceed to a

13                   preliminary hearing, but Mr. Adzin ultimately

14                   consented to his committal without any evidence

15                   needing to be called.

16                             He has a criminal record.  It is not a

17                   particularly extensive record, but it is not a

18                   minor record either.  There are convictions for

19                   crimes of violence, uttering threats, possession

20                   of weapon, and breaches of court orders.  He has

21                   been sentenced to jail before including a term of

22                   some nine months imprisonment back in August

23                   2011.  The last entry on his record is from

24          September 2011, so there is a bit of a gap

25                   between the last conviction and the offence that

26                   I have to sentence him for today.  There are no

27                   drug-related convictions on his criminal record.


 

1                             The Crown seeks a jail term in the range of

2                    18 to 22 months.  Defence counsel agrees with

3                    that range and asks that the Court impose a

4                    sentence at its lower end.

5                             Mr. Adzin is 29 years old.  He is Tlicho.  I

6                    have the benefit of a thorough Presentence Report

7                    that gives me a lot of information about his

8                    circumstances including his circumstances as an

9                    Indigenous offender.  The fact that Mr. Adzin is

10                   an Indigenous offender alters the legal framework

11                   that applies on sentencing.  The usual sentencing

12                   principles all apply, but sentencing must be

13                   approached through a different lens.  That lens

14                   requires taking into account the systemic factors

15                   that have had an impact on Indigenous people in

16                   this country generally as well as specific

17                   circumstances that Mr. Adzin himself has faced.

18                   I am required to approach sentencing and the

19                   sentencing tools available to me in light of

20                   those circumstances.  And if I conclude that a

21                   jail term is required, I must consider whether

22                   something less than what might otherwise be

23                   imposed is appropriate given his circumstances

24                   and the systemic factors that I have referred to.

25                             Restraint is always an important sentencing

26                   principle, but the Criminal Code, as interpreted

27                   by the Supreme Court of Canada, makes that


 

1                    principle especially important when dealing with

2                    Indigenous offenders.

3                             Without going into all the details of the

4                    Presentence Report, I agree with counsel that it

5                    does provide important and relevant information

6                    about Mr. Adzin's circumstances as an Indigenous

7                    offender.  I will not refer to everything that is

8                    in the report, but I want to touch on a few

9                    points.

10                             The first is that both his parents attended

11                   residential school.  Up until Mr. Adzin was

12                   9 years old, they were both heavy drinkers.  That

13                   is not uncommon.  For many people, attendance at

14                   residential school is associated with traumatic

15                   experiences.  This often leads to personal

16                   distress and addictions, and that, in turn, often

17                   leads to dysfunction that perpetuates trauma for

18                   the next generation.  It is a terrible cycle that

19                   we often hear about in courtrooms in this

20                   jurisdiction.  We must be cognizant of it and

21                   attempt to address and recognize this reality in

22                   sentencing decisions.  The problem, of course, is

23                   that the Court only has limited tools at its

24                   disposal to do so.

25                             It goes without saying that, if a child

26                   grows up for almost the first decade of his or

27                   her life in an environment where there is alcohol


 

1                    abuse, this will have an impact on that child.  I

2                    do not doubt it had an impact on Mr. Adzin even

3                    though his memory of those years is somewhat

4                    limited.  To their credit, his parents have been

5                    able to address their addiction issue and now

6                    live a sober lifestyle.  Hopefully, in that

7                    sense, they can inspire others to take the same

8                    path, including their son.

9                             I read, in the Presentence Report, that

10                   Mr. Adzin was very close to his grandparents.  He

11                   spent a lot of time with them and acquired

12                   traditional knowledge from them.  He spent time

13                   on the land with them.  He learned good values

14                   from them, in particular from his grandmother.

15                   In recent years, he has had to cope with the loss

16                   of his grandparents.  Not surprisingly, this has

17                   been difficult for him.

18                             I found it interesting to note that,

19                   according to the Presentence Report, while he

20                   used to participate in community activities such

21                   as gatherings and drum dances when he was

22                   younger, Mr. Adzin now feels somewhat

23                   disconnected from his community and no longer

24                   participates in those kinds of events.  I do not

25                   know if there is any connection between that and

26                   the death of his grandparents and the grief and

27                   sorrow that he has experienced as a result, but I


 

1                    suggest that it might be helpful for Mr. Adzin to

2                    try to reconnect with those parts of himself that

3                    he associates with his grandparents because that

4                    might be something that would help him stay out

5                    of trouble in the future.

6                             Members of his family continue to go out on

7                    the land and carry out traditional activities,

8                    and he can continue that tradition if he chooses

9                    to.  He was taught those skills by his

10                   grandparents, and one way to honour their memory

11                   would be to continue to put those skills to good

12                   use.

13                             Although this family has had its fair share

14                   of struggles and some members of that family have

15                   ongoing health issues, they are supportive.

16                   Members of his family were here yesterday and are

17                   here again today.  Mr. Adzin is very fortunate to

18                   have support from his family.  Many people I have

19                   had to sentence have faced court proceedings

20                   completely alone.  I hope that, when he is

21                   released, Mr. Adzin will get some strength from

22                   that support, from constructive activities on the

23                   land, that he will remember the lessons and

24                   values that he learned from his grandparents, and

25                   will make a point of contributing to making

26                   Behchoko a better place as opposed to making it a

27                   worse place by selling dangerous drugs to people.


 

1                    But for that to happen, he will have to address

2                    his own addiction issues.

3                             I have to say that one of the areas that I

4                    find of considerable concern and troubles me,

5                    from the Presentence Report, is that Mr. Adzin

6                    does not seem to fully appreciate, or at least

7                    did not at the time he was interviewed, that he

8                    has an issue with alcohol and with substance

9                    abuse generally.  I am not sentencing him today

10                   for a crime directly related to the consumption

11                   of alcohol, but I am troubled by this aspect of

12                   the report because it gives me concern about his

13                   level of insight.

14                             For example, the report says that Mr. Adzin

15                   reports binge drinking from time to time to the

16                   point of blacking out; that when he blacks out,

17                   he becomes angry and conflict arises; that he

18                   does not believe he has an issue with alcohol but

19                   is willing to attend treatment and counselling if

20                   ordered by the Court.

21                             Binge drinking, blacking out, getting mad,

22                   and assaulting people is a clear indication to me

23                   that there is, in fact, a serious issue there.

24                   Many people drink and do not get into trouble and

25                   do not become violent.  If a person drinks to the

26                   point of blacking out and, in that state, gets

27                   angry, that is a sure sign that the alcohol is


 

1                    being used to mask other problems, anger, pain,

2                    and that once intoxicated, that anger and that

3                    pain comes crashing out.  I am no expert in this

4                    area, but it is not very hard to figure out.  We

5                    see it in the criminal courts all the time.

6                             Although I was not specifically told, I

7                    suspect that the crimes of violence that

8                    Mr. Adzin was convicted for arose from situations

9                    when he was intoxicated.  As for substance abuse,

10                   it should be obvious to him that, if he was

11                   prepared to sell hard drugs in his own community

12                   and cause this much harm to others to feed his

13                   habit, then there very much is a problem there

14                   that needs to be addressed.  Those are things

15                   that Mr. Adzin will have to address if he is to

16                   have a bright future.  The Court cannot force him

17                   to address those issues.  He has to want to do

18                   that himself, for himself, for his family, and

19                   for his community.  That needs to be at the heart

20                   of his motivation, not the fact that the Court

21                   has ordered it.

22                             From everything I have read about Mr. Adzin

23                   and what I heard from his counsel, he has a lot

24                   of valuable traditional skills and knowledge that

25                   were passed on to him by his grandparents and his

26                   family.  He can help keep those practices and

27                   skills alive.  He could teach others.  He has a


 

1                    lot to contribute if he wants to.

2                             No one is suggesting that a sentence other

3                    than jail can be imposed today, and that is

4                    because, among other reasons, sentencing is not

5                    just about the offender before the Court.

6                    Sentencing today is not just about Mr. Adzin,

7                    although it is obviously about him.  It is also

8                    about sending a strong, clear message to anyone

9                    who is tempted to make money by selling drugs,

10                   especially hard drugs.

11                             There are many cases from this Court,

12                   unfortunately, that talk about the harm that

13                   drugs cause in our communities.  R v Mohammed,

14                   2015 NWTSC 38, referred to by counsel, is just

15                   one example of such a case.  Mr. Mohammed was a

16                   young man.  He pleaded guilty to a similar charge

17                   to the one that Mr. Adzin pleaded guilty to.  He

18                   was found in possession of 55 grams of

19                   crack cocaine and over $12,000 in cash.  He also

20                   pleaded guilty to a charge of breach of

21                   recognizance.  Mr. Mohammed had not done well at

22                   all on bail.  His reporting was sporadic and, at

23                   one point, ceased completely.

24                             In that case, the Crown and Defence had

25                   presented a joint submission that a range of

26                   two-and-a-half to three years' imprisonment would

27                   be appropriate.  I decided, in the end, that a


 

1                    sentence of 32 months was appropriate minus the

2                    credit to be given for remand time.

3                             The range that is being proposed in this

4                    case is quite a bit lower than that, although the

5                    quantity of drugs seized is comparable.  Of

6                    course, each case is different and must be

7                    decided on its own facts.

8                             Sentencing is a highly discretionary

9                    fact-driven exercise, but some of the governing

10                   principles that applied in Mohammed apply in this

11                   case.  In particular, the need for deterrence and

12                   denunciation, when dealing with trafficking in

13                   hard drugs, is present in this case as much as it

14                   was in MohammedIn that case, I talked about

15                   the harm that trafficking in these drugs does to

16                   our communities.  As I said, there are,

17                   unfortunately, many other cases where this Court

18                   has had to say the same things.  But it bears

19                   repeating, and I am going to read from what I

20                   said in Mohammed at paragraphs 10 to 12:

21                             The North is a very tempting market for drug traffickers, and judging by

22                             the number of drug cases that have been heard by the Territorial Court

23                             and this court over the last few decades, it is apparent that there

24                             continues to be a need to impose sentences that denounce this conduct

25                             and send a clear message that when people do get caught, they will face

26                             stern sentences no matter how young they are or no matter how good their

27                             background might otherwise be. Sadly, there are quite a few young


 

1                             people in the Northwest Territories who have learned that lesson the hard

2                             way.

The reason why courts have to be

3                             firm in their sentencing practices is very simple and was referred to this

4                             morning.  Cocaine causes ravages and devastation in our communities.

5                             Yellowknife has seen its fair share of the collateral damage that crack

6                             cocaine has caused.  The people who become addicted to this drug harm

7                             themselves of course.  They sometimes lose everything to it, their

8                             families, their work, and their health, but they also often harm

9                             others.  Houses get broken into, people commit robberies, sometimes on

10                             the street in broad daylight or in small convenience stores or gas

11                             stations to get money to buy more drugs, or they break into homes and

12                             steal property.  And they steal, in addition to property, the occupants'

13                             sense of safety in their own home, sometimes for a very long time.                Some

14                             addicts get to the point of being so dysfunctional that they neglect their

15                             own children.

We do not just hear about

16                             cocaine in the criminal courts.  We hear about cocaine in family court

17                             frequently, and the Territorial Court hears about it in child welfare court

18                             frequently.

19                   Mohammed was a case that arose in Yellowknife.  I

20                   have no doubt at all that these kinds of impacts

21                   are also felt in Behchoko when people consume

22                   this drug.

23                             Trafficking in hard drugs does real damage.

24                   It aggravates the problem that people in our

25                   communities are already struggling with including

26                   intergenerational trauma.  It feeds a destructive

27                   cycle of misery, as the Crown put it in


 

1                    submissions.  It takes money away from families,

2                    money that should be used to look after

3                    childrens' needs and the needs of others in the

4                    community.  It leads to the commission of crimes;

5                    it leads to desperation, and it can lead to

6                    death.

7                             Several decades ago, the Alberta Court of

8                    Appeal set a starting point of three years'

9                    imprisonment for trafficking in cocaine at a more

10                   than minimal scale.  That standard has been

11                   adopted in this jurisdiction and has been applied

12                   many times, and it is the reason why even

13                   relatively young people who commit this crime

14                   receive long jail terms even after a guilty plea.

15                   That is why a significant jail term,

16                   unfortunately, has to be imposed today.

17                             The problem of drug trafficking in this

18                   jurisdiction is not diminishing.  It was, all

19                   things being relative, not so long ago that crack

20                   cocaine found its way here and in cases before

21                   the courts.  The effects were soon very visible

22                   in this community and others.  We saw

23                   well-established businesses destroyed,

24                   relationships shattered, children neglected,

25                   serious crimes committed associated with this

26                   activity.  It never seems to stop.

27                             In the last few years, we have started


 

1                    seeing more and more cases involving fentanyl.

2                    This is a particularly dangerous drug, and yet

3                    some people still choose to use it, and others

4                    unscrupulously continue to sell it.  And it seems

5                    there is always the next drug, the next thing

6                    that people will sell.  So the need for

7                    deterrence and denunciation, the need for stern

8                    sentences, which is the only tool the Courts have

9                    to try to deter this, has not diminished.

10                             Many say this is a public health issue, that

11                   prevention, treatment, and counselling is what is

12                   needed, not repression.  I do not disagree that

13                   those things are needed, but they are outside the

14                   control of the Courts.  The Court does not have a

15                   lot of tools.  There is so much money to be made

16                   with the sale of these drugs; there has to be

17                   meaningful consequences for those who get caught

18                   because that really is the only tool that the

19                   Court has to respond to this very destructive,

20                   very lucrative activity.

21                             As the Crown acknowledges, the range of 18

22                   to 22 months that is being proposed here is quite

23                   lenient when one takes into account the

24                   three-year starting point, but yesterday, the

25                   Crown prosecutor explained why that range was

26                   being sought.  That was very helpful for the

27                   Court to know because, without those


 

1                    explanations, it may, in fact, have been very

2                    difficult for me to agree that this range is

3                    indeed appropriate.

4                             The guilty plea, of course, is an important

5                    factor, as is the Accused's cooperation and

6                    admission to the authorities about his activities

7                    shortly after his arrest.  I believe him when he

8                    says he is sorry and that he understands the harm

9                    that his actions have caused his community.  The

10                   guilty plea is especially mitigating in this case

11                   because the Crown said that there would have been

12                   many triable issues had the matter gone to trial.

13                             In any case such as this one, where there is

14                   a long investigation and potential Charter

15                   issues, giving up the right to litigate those

16                   issues and saving all the resources and court

17                   time needed to have a trial is an important

18                   consideration.  The Crown knows its file, knows

19                   the details of the case, and is better placed

20                   than I am to assess the challenges that it would

21                   have faced at trial and how much credit Mr. Adzin

22                   deserves for giving up his right to have a trial.

23                   I accept, based on what the prosecutor has told

24                   me, that the guilty plea in this case should be

25                   given exceptional weight.

26                             As I already mentioned, Mr. Adzin's

27                   circumstances as an Indigenous offender must also


 

1                    be taken into account and justify an exceptional

2                    degree of restraint.  As was noted in the

3                    submissions, this was not a factor that was at

4                    play in the Mohammed case.

5                             In conclusion, even though the range being

6                    proposed is quite low considering the starting

7                    point that applies in cases like this one, based

8                    on the submissions I heard from the Crown and

9                    based on the submissions I heard from Defence

10                   counsel, based on the mitigating factors,

11                   Mr. Adzin's circumstances, and the importance of

12                   restraint, I am satisfied that the sentence for

13                   this offence can be within the range proposed.

14                   However, I do not think that it can be at its low

15                   end.  In my view, the top end of that range is

16                   the absolute minimum sentence that can be imposed

17                   in order to address the important and continued

18                   need to denounce this destructive behaviour.

19                             I hope Mr. Adzin uses the time he will spend

20                   in custody productively.  I hope he will think

21                   about the things that brought him here today,

22                   that he will acknowledge that he has a

23                   substance-abuse issue to address, and that he

24                   will take steps to address it because, as I said,

25                   and I hope I have made clear, I think there are a

26                   lot of positive things that he can contribute to

27                   his family and his community if he sets his mind


 

1                    to it.  He can contribute to building a stronger

2                    community instead of carrying on activities that

3                    are harming the community and destroying it.

4                             The Crown has asked for a number of

5                    ancillary orders.  I will deal with those first.

6                    There will be a firearms prohibition order which

7                    will commence today and expire ten years after

8                    Mr. Adzin's release.  I will include, as asked by

9                    Defence, the Section 113 exemption so that

10                   Mr. Adzin can, under certain conditions, continue

11                   to use the skills he has learned from his family

12                   to go out on the land, provide for his family and

13                   others in the community, and maybe even teach

14                   those skills to others.

15                             The second order that the Crown seeks is a

16                   DNA order.  That order is discretionary.  The

17                   factors to be considered in deciding whether to

18                   issue such an order are set out in the

19                   Criminal Code, and they include the criminal

20                   record, whether the person has been found guilty

21                   of a designated offence in the past, the nature

22                   of the offence, and the circumstances surrounding

23                   its commission, as well as the impact that the

24                   order would have on the person's privacy.

25                             I accept and understand that the impact on a

26                   person's privacy of taking a small sample for DNA

27                   analysis is not immense.  There are other


 

1                    designated offences on Mr. Adzin's criminal

2                    record.  That is a factor as well, but as I

3                    noted, there are no drug offence convictions.

4                             The circumstances of the commission of this

5                    offence do not really assist one way or another.

6                    He was found with the drugs on his person.  There

7                    is no indication that he had someone else hold

8                    them or stash them for him, so the usefulness of

9                    a DNA sample in future drug investigations is not

10                   necessarily immediately apparent from the

11                   circumstances of this offence.

12                             In the Mohammed case, a DNA order was made,

13                   but it was consented to.  Here, the Defence

14                   opposes the making of that order.  I have taken

15                   into consideration, as I said, that this perhaps

16                   is not the most intrusive procedure.  But at the

17                   same time, there is still an impact in having

18                   someone's DNA included in a database, and as I

19                   said, there are no other convictions for

20                   drug-related offences on his record.  Under all

21                   the circumstances, having given the matter some

22                   consideration, I am not going to issue a DNA

23                   order.

24                             I have reviewed the Draft Forfeiture and

25                   Return Order that was submitted by the Crown.

26                   The Defence does not take issue with any of the

27                   terms in that order, and so I have signed it, and


 

1                    it will be issued.

2                             Can you stand up please, Mr. Adzin.

3                    Mr. Adzin, for the reasons I have given on the

4                    charge of possession of cocaine for the purpose

5                    of trafficking, I would sentence you to

6                    22 months' imprisonment if you did not have any

7                    remand time.  For the seven days you have spent

8                    on remand, I will credit you the maximum I can,

9                    which is ten days.  The further jail term will be

10                   21 months and 3 weeks.  You can sit down.

11                             I hope that you can make the most of your

12                   time in jail.  I hope you can start to get some

13                   assistance and some help to deal with some of the

14                   things you have been through and your

15                   relationship with alcohol and drugs; and I hope

16                   that, when you are released, you will go back to

17                   Behchoko and become a leader in that community.

18                   If you set your mind to it, I am sure that you

19                   can do much more productive things than what you

20                   were up to in the times where you were

21                   investigated.  You can honour your grandparents'

22                   memory by doing those kinds of things, and I hope

23                   that you are able to do that, and I wish you luck

24                   in that respect.

25                             Is there anything I have omitted,

26                   Mr. Potter?

27            MR. POTTER:            Crown's not seeking it,


 

1                    Your Honour, but I think the Court does need to

2                    address the victim fine surcharge.  I think it

3                    can be waived by the Court, but I do think that

4                    needs to be addressed as part of the --

5            THE COURT:             I would have to look.  My

6                    understanding of the decision rendered by the

7                    Supreme Court of Canada, I thought that they had,

8                    basically, struck it down.

9            MR. POTTER:            I believe they struck the

10                   mandatory nature down.  I'm not sure if they

11                   struck the provision entirely.

12            THE COURT:             Well, I would waive it if that

13                   is what they said I should do.  I thought that

14                   they, basically, left it to Parliament to reword

15                   it, but you are making me doubt myself now, so I

16                   will double-check.  But in the event that this is

17                   what they decided, I am going to waive the

18                   imposition of the victim of crime surcharge

19                   because I am imposing a lengthy jail term, and

20                   based on what I have heard about the family

21                   circumstances of Mr. Adzin, I think that any

22                   funds that he has access to should be used to

23                   assist his family.

24                             Have I overlooked anything from the

25                   Defence's perspective, Mr. Bran?

26            MR. BRAN:              No.  The -- I think you

27                   covered everything that we discussed, with the


 

1                    one exception:  Mr. Adzin does make reference, in

2                    the Presentence Report, to concerns of being able

3                    to serve his time here.  This is a Territorial

4                    Court -- or the sentence is short enough that

5                    there (sic) doesn't appear that he would be

6                    transferred South, but the only thing I was going

7                    to request was a judicial recommendation that he

8                    be allowed to serve his time, if at all possible,

9                    here in Yellowknife to be as close to his family

10                   as he can.  So I think I still will ask the Court

11                   to do that.

12            THE COURT:             All right.  Well, I mean the

13                   only reason -- I do not know what the

14                   arrangements are for transfer of people serving

15                   Territorial time South, but presumably it would

16                   have to be for some sort of security reason,

17                   which would not be known at this point and would

18                   not matter, or is not something I could recommend

19                   anything on.

20                             But certainly, given that his family is in

21                   Behchoko and given that Yellowknife is accessible

22                   by road from that community, I will ask Madam

23                   Clerk that the Warrant of Committal reflect my

24                   recommendation that, if at all possible, he be

25                   permitted to serve his sentence at the

26                   North Slave Correctional Centre to facilitate

27                   ongoing contact with members of his family and


 

1                    his support network.

2                             Thank you very much, counsel, for your work

3                    in resolving this case and thank you for your

4                    thorough submissions.

5            MR. POTTER:            Thank you, Your Honour.

6      -----------------------------------------------------

7

8                  CERTIFICATE OF TRANSCRIPT

9

10                             I, the undersigned, hereby certify that the

11            foregoing transcribed pages are a complete and

12            accurate transcript of the digitally recorded

13            proceedings taken herein to the best of my skill and

14            ability.

15                   Dated at the City of Edmonton, Province of

16                   Alberta, this 26th day of March, 2019.

17

18                             Certified Pursuant to Rule 723

19                             of the Rules of Court

20

21

22

23                                                          Ashley DeMarco

24                                                          Court Transcriber

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.