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.
3 stikes you are out, Leroy!
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?