LAKEPORT— A Lake County man charged with a lewd act on a child under 14 years old was in custody and appeared in court for his sentencing.
The Court read and considered the report and recommendation of the Lake County Probation Officer.
The Court also heard the oral argument from defendant’s counsel as to the defendant’s application to be granted probation.
Andy Hopper was sworn and testified as a witness. While the matter was submitted to the Court, probation was denied.
The Court made the finding that the defendant has an admitted and demonstrated history of substance abuse.
It is the judgement of the Court that the defendant is guilty of a felony violation of PC288(a) (lewd or lascivious act on child under 14 years) and that as punishment be imprisoned in state prison for the term of three years.
In another matter the defendant has also been convicted of the misdemeanor violation of PC314(1) (indecent exposure) and is to serve 180 days concurrent to the felony conviction, which may be served in any penal institution.
Financial obligations have been imposed on the defendant with two restitution fines totaling $600 with restitution also reserved for the victim.
The Court has ordered the defendant to relinquish all firearms.
In the felony case the defendant is awarded 113 days of credit for time served and 16 days of conduct credits for a total of 129 days credit.
In the misdemeanor case the defendant has been awarded credits of 114 days for time served and 114 days of conduct credits, totaling 228 days credit – the defendant has credited out on this case and is ordered discharged from custody on this matter only.
The defendant is served with a 5-year criminal protective order in open court and has been remanded to custody of the Lake County Sheriff and delivered to the California Department of Corrections and Rehabilitation.
In May the matter came on calendar by defense counsel, Thomas G. Feimer; requesting the release of the defendant on O.R. (own recognizance) with Cruz Waiver.
An “own recognizance” release allows someone (defendant) to get out of jail after an arrest without having to post bail – allowing the defendant to be released based solely on his/her promise to appear in court.
In California, a Cruz Waiver is a promise by an out-of-custody defendant to stay out of trouble and return to court for the sentencing.
The matter was argued and submitted.
The Court denied the request and the sentencing hearing remained on the calendar.
The defendant has been charged with lewd act on child under 14 years, molest child under 18 years and possess controlled substance paraphernalia (the last two charges were dismissed on May 2, 2023).
The charges stem from an incident in February when the Lake County Sheriff’s Office received a report of an unknown male inappropriately touching a 13-year-old juvenile female at a local convenience store located on Lakeshore Boulevard in Lakeport.
Detectives with the Lake County Sheriff’s Office Major Crimes Unit conducted an investigation and, based on their investigation, determined the suspect to be 35-year-old Andy Hopper.
On Feb. 7, 2023, LCSO Detectives arrested Hopper.
