Sentence delayed for bank robber
by Denise Ellen Rizzo
Oct 31, 2012 | 3220 views | 6 6 comments | 5 5 recommendations | email to a friend | print
Sentencing for a 40-year-old homeless man who pleaded guilty to an April robbery of a local Bank of Stockton branch was delayed for a month, after his lawyer filed a motion for a more lenient sentence in San Joaquin County Superior Court in Stockton on Monday, Oct. 29.

The attorney of Leroy James Colbert, John Casenave, asked Judge Bernard Garber to expunge from Colbert’s record two previous robberies before sentencing him for robbing the Tracy bank at 1175 N. Tracy Blvd. on April 4.

Under California’s Three Strikes law, Colbert could be sentenced to prison for 25 years to life for his third felony conviction.

The judge delayed sentencing to Nov. 28 to consider Casenave’s request.

Casenave said in a telephone interview that Colbert was convicted for separate robberies of a business and a bank in 1999, for which he served prison time. Casenave said he didn’t want those previous convictions to factor into Colbert’s sentencing.

Casenave said the court motion factors in several things, including Colbert’s age, the nature of his previous convictions and his lack of criminal activity over the past 12 years.

“(I’m) asking the court to strike strikes based on the fact that he’s not the type of person to be punished forever,” Casenave said. “This guy’s never hurt anybody, ever.”

According to Casenave, Colbert was homeless and living under a bridge at the time of the Bank of Stockton robbery.

Colbert and another man, George Beesley, 41, both since admitted they robbed the bank, were caught by Tracy police a few minutes after the robbery in a car at the intersection of Tracy Boulevard and Interstate 205.

No weapons were used, and no one was reportedly injured in the robbery, police reported.

According to Deputy District Attorney Ron Indran, Beesley had pleaded guilty to one count of robbery earlier this year. He is already serving prison time at Deuel Vocational Institution in rural Tracy, he said.

Colbert’s sentencing and motion hearing has been rescheduled to 9 a.m. Nov. 28 in Stockton court.

• Contact Denise Ellen Rizzo at 830-4225 or drizzo@tracypress.com.
Comments
(6)
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LuckyInTracyNot
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November 01, 2012
But Your Honor! Anybody who knows Leroy knows he is a nice guy and loves his family. He was just turning his life around!

3 stikes you are out, Leroy!
mrmnfallacy
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November 01, 2012
...lock him up and all other career criminals who just can't seem to follow the rules. Probably started with bad parents. Geez, after two felony priors, its obvious folks like these have no interest in following rules. 25 to life and throw away the key. Society is finished tolerating career criminals like these
LuckyInTracyNot
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October 31, 2012
And and and by all means let us not forget, if the judge approves this, it sets a precidents and future similar cases should be decided so as to give similar and predictable outcomes.
LuckyInTracyNot
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October 31, 2012
Oh yeah I see, lets ask the judge to blur all of the robberies together and presto chango it becomes one robbery. I see, very good.
EllieS
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October 31, 2012
This is what is wrong with our justice system. 3 times robbing a business or a bank and his lawyer argues he shouldn't be punished harshly?! I say lock him up for life! He clearly thinks that taking what isn't his is the way to get money. He doesn't have any criminal convictions in 12 years.....maybe because he didn't get caught.....not because he didn't do crimes!! This makes me so mad. The same people do the same crimes and just get their hands slapped. They don't let 3 strikes from preventing them from crimes so let's have our judges enforce it! Next time he will hurt someone or a police officer. I guess that is what they are waiting for. :(
Ornley_Gumfudgen
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October 31, 2012
EllieS

It's a lawyer's job ta represent his client an honestly I wouldn't want it otherwise. It would be hard ta get a fair trial if lawyers couldn't represent thair clients.

Thair is a problem with our justice system though although I do feel it's a problem that's been handed ta em frum th citizenry.

I have always been against th three strikes laws an feel at best ya should have only two times at bat in a criminal court of law.

People do stupid stuff all th time an I don't advocate em bein locked up an havin th key thrown away fer some stupid thang they did PROVIDIN thair was no loss of life in th incident an that they didn't come back an do it again.

In this case th guy probably should have been locked up on th second offense an had th key thrown away because he stupidly did th same thang again provin he didn't learn frum his first transgression of th law th first time around.

Why then should we have ta wait a fer a third time before we correctly deal with th problem.

I know John Casenave an know he is a good competent lawyer doin his job as a defender. it's his job ta get his client th best deal he can make an that's really a good thang in th long run. If th jury an judge feels ta agree with him then that is justice an th way our system works. If they don't agree then justice is served an his client does more time.

Remember, th justice system didn't pass th laws, we th people did either directly through imitative ballots, which I don't really agree with, or through th legislative process where we elect those ta legislate fer us. Th outcome ain't th fault of th judges who administer th punishment fer broken laws or th attorneys that have a sworn obligation ta represent thair clients. They are doin thair jobs. Th problem is that we citizen voters often fail ta do ours an let dumb laws get on th books purely frum a selfish monitary reason instad of good common sense in dealin with criminals.

An I am shore that others will disagree with this.

Before we really get upset let's wait an see what th judge decides. Eh?


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