Case CRI-11033143[18]
San Francisco Superior Court · Filed 2011-12-14
Defendant entered a guilty plea in January 2012, was sentenced in February 2012 to 3 years of probation with a long term stay away order. Probation was later revoked after multiple violations, and on 2016-04-29 the court imposed a 3 year upper term county jail sentence on Count 2 under PC 1170(h)(5)(A). Defendant pursued appeals and resentencing motions; the sentence was ultimately affirmed and later collection of certain fees was suspended in 2018.
- Defendant
- Robyn R. Devereaux
- Verdict known
- Yes
- Total counts
- 15
Primary charge
Stalking · 646.9(a) PC · Felony
Repeated harassment or threats that cause a victim to fear for their safety.
Additional charges
- Attempted Extortion · 524 PC · Felony (Count 1)
- Attempted Extortion · 524 PC · Felony (Count 2)
- Attempted Extortion · 524 PC · Felony (Count 3)
- Attempted Extortion · 524 PC · Felony (Count 4)
- Attempted Extortion · 524 PC · Felony (Count 5)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 1)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 2)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 3)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 4)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 5)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 6)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 7)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 8)
- Harassing or Annoying Communications · 653m(a) PC · Misdemeanor (Count 9)
Attorney history
- Public defenders
- San Francisco Public Defender's Office
- Conflict attorneys
- Clifford Gould
- Appointed counsel
- Matthew Soto Rosen, Pam Herzig, Christopher Dove, Juliana Drous, James Senal, Richard Fitzer
- Pro per periods
- 2014-01-10 · Defendant signed a Faretta waiver and was permitted to act as her own counsel (pro per) for portions of the proceedings.
- Prosecutors
- Brian Bringardner
Release conditions
Initial conditions
- Bail Amount Initial
- 200000
- Bail Amount Reduced
- 165000
- Pretrial Release Supervised
- Yes
- Stay Away Orders
- Yes
- Stay Away Primary Victim
- Michael McGeehon
- Stay Away Order Long Term
- Yes
- Electronic Device Restrictions
- No
Final status
- Probation Imposed
- Yes
- Probation Length Years
- 3
- Stay Away Order Expires
- 2022-02-28
- Probation Revoked
- Yes
- County Jail Sentence Years
- 3
- County Jail Sentence Imposed Date
- 2016-04-29
- Appeals Exhausted
- Yes
- Collections Suspended
- Yes
- Collections Suspension Dates
- 2018-07-20, 2018-12-28
Expand full docket timeline
- 2011-12-14Arraignment; defendant enters not guilty plea; Public Defender appointed; bail set at 200000; preliminary hearing last day set for 2011-12-29; stay away order in favor of Michael McGeehon.
- 2011-12-15Defense motion for release on own recognizance and bail reduction filed; hearing set to address preliminary hearing scheduling and bail issues.
- 2011-12-19Calendar: bail motion, possible PC 1050 continuance, and motion for release on own recognizance continued.
- 2011-12-20Hearing on OR release, bail motion, possible 1050, Marsden and Faretta; Marsden and Faretta motions denied without prejudice; bail reduction granted and reduced to 165000; good cause found to extend under PC 1050; preliminary hearing continued.
- 2011-12-28Deputy Public Defender files motion to add Faretta motion to calendar.
- 2011-12-30Hearing on Faretta motion; court indicates attorney Soto Rosen will be relieved as counsel if Faretta is granted; further Faretta hearing continued.
- 2012-01-03Further Faretta hearing; motion for OR release under PC 859b denied; later that afternoon defendant withdraws Faretta motion; PD Matthew Soto Rosen relieved; PD Pam Herzig appointed; PC 4011.5 noted; preliminary hearing of 2012-01-25 confirmed.
- 2012-01-04Protective order sealing defense declaration clarifying record of 2011-12-30 filed.
- 2012-01-11Defense application for motion to change plea / disposition filed.
- 2012-01-13Calendar: defense motion to change plea; matter continued; PC 4011.5 referenced.
- 2012-01-18Defense motion for change of plea; defendant advised and personally waives constitutional and citizenship rights and enters a guilty plea pursuant to negotiated disposition; no Arbuuckle waiver taken; defendant ordered released on own recognizance with continued restraining order and prior orders; sentencing and pre-sentence report to be set.
- 2012-01-27Calendar to set sentencing or order pre-sentence report; defendant out of custody; defendant ordered to supervised pretrial release and to contact them twice weekly by phone; sentencing set for 2012-02-28.
- 2012-02-21Felony plea transcript filed.
- 2012-02-24People's sentencing memorandum and points and authorities filed.
- 2012-02-28Sentencing: Court imposes 3 years of probation with 57 days custody and 57 days credit; stay away order in favor of Michael McGeehon issued to expire on 2022-02-28; defendant ordered to comply with Adult Probation conditions and pay various fines and fees.
- 2013-07-08Adult Probation Department motion filing calendar date continued.
- 2013-07-10Calendar: APD motion filing; no appearance by defendant; bench warrant ordered and stayed to 2013-07-11 with no bail.
- 2013-07-11Bench warrant stay hearing for failure to appear on APD motion; stay away orders issued for Michael McGeehon and the entire Sedgwick law firm; APD supplemental report ordered; probation administratively revoked; OR status ordered.
- 2013-08-09Calendar: supplemental report on APD motion and to set; case referred to Community Justice Center; probation remains revoked; continued for CJC referral and assessment.
- 2013-08-14Calendar: CJC program report and to set APD motion; continued.
- 2013-08-21Calendar: CJC program report and to set APD motion; continued.
- 2013-08-23Calendar: to set APD motion hearing; continued for APD motion hearing.
- 2013-09-13Defendant files add to calendar request for Marsden and Faretta motions.
- 2013-09-20Calendar: add to calendar for Marsden and Faretta; matter taken off calendar because APD motion hearing date of 2013-10-11 is confirmed.
- 2013-10-11Calendar: APD motion hearing; continued.
- 2013-12-26Defense attorney Christopher Dove files motion to withdraw as counsel, with declaration.
- 2014-01-10Calendar: APD motion hearing and motion to release counsel; motion granted; attorney Christopher Dove relieved; defendant signs Faretta waiver and becomes pro per; continued to set DA motion to revoke probation hearing.
- 2014-02-14Calendar: to set DA motion to revoke probation hearing; continued to 2014-02-21 for status of receipt of documents and to 2014-05-30 for DA motion hearing.
- 2014-02-21Status of receipt of documents; defendant files declaration and motion for peremptory challenge; court signs order allowing defendant to obtain court appointed investigator; continued to 2014-04-04 to address various defense motions.
- 2014-04-04Calendar: various defense motions filed by pro per defendant; court denies CCP 170.6 peremptory challenge; DA motion to revoke probation hearing set for 2014-05-30.
- 2014-05-29Defendant's motion to continue hearing filed.
- 2014-05-30DA motion hearing; defendant files 170.6 challenge against Judge Julie Tang which is granted; case transferred to Department 21 for DA motion hearing; separate calendar entry continues setting of DA motion hearing.
- 2014-06-02Calendar: to set DA motion to revoke probation hearing; continued.
- 2014-06-12Declaration of defense counsel Clifford Gould filed.
- 2014-06-27Calendar: to set DA motion; continued.
- 2014-07-25Calendar: DA motion hearing; court relieves attorney Juliana Drous as defense counsel; defendant pro per; new stay away orders issued for Michael McGeehon and Sedgwick law firm offices; DA motion hearing and status conference continued.
- 2014-08-19People's motion to quash subpoena duces tecum for records filed.
- 2014-08-21Attorney for Michael McGeehon files notice, memorandum, request in support, and declaration for motion to quash subpoena.
- 2014-08-27Defendant's amended notice of hearing on third party McGeehon's motion to quash subpoena filed.
- 2014-09-19Status conference on DA motion and third party motion to quash subpoena; counsel James McManis appears for witness Michael McGeehon; court grants motion to quash; stipulation regarding hearing on motion to revoke probation filed; DA motion hearing continued.
- 2014-11-24DA's hearing brief regarding motion to revoke probation filed.
- 2014-12-05DA motion hearing on revocation of probation; witnesses sworn including James McManis, Oscar Martinez, and Robyn Devereaux; multiple exhibits including letters and social media posts admitted; court finds defendant in violation of probation; exhibits returned; DA motion disposition continued.
- 2015-01-09DA motion to revoke probation hearing; attorney James McManis appears on behalf of victims; defendant telephones court claiming illness and fails to appear; probation revoked and bench warrant issued with no bail; matter referred to Behavioral Health Court (Department 15).
- 2015-01-16Bench warrant return; defendant declines Behavioral Health Court; all restraining orders remain in effect; bench warrant discharged; proof of medical and sentencing setting continued.
- 2015-01-20Calendar: proof of medical; continued to set.
- 2015-01-21Calendar: order supplemental APD report; APD directed to prepare supplemental report on DA motion to revoke probation.
- 2015-01-30Calendar: to set; PC 4011.6 psychological evaluation ordered for purposes of Behavioral Health Court; parties stipulate BHC evaluation may occur out of custody; APD to forward report; continued for receipt of report or sentencing.
- 2015-02-13Calendar: PC 4011.6 report or to set sentencing; no appearance by defendant; bench warrant ordered and stayed to 2015-02-17 with no bail; continued bench warrant stay and sentencing.
- 2015-02-17Bench warrant stay; APD ordered to prepare updated presentence report; continued status regarding psychological report.
- 2015-03-06Calendar: status regarding psychological report; continued for status update.
- 2015-03-13Status update; court denies defendant's Marsden motion and McKenzie motion without prejudice; court orders Marsden and McKenzie proceedings sealed; continued for further status update.
- 2015-04-03Status update; letter from victim's counsel filed; Marsden motion denied; defense counsel withdraws McKenzie motion off the record; court orders those transcripts sealed; sentencing continued.
- 2015-04-24DA's sentencing recommendation on motion to revoke probation filed.
- 2015-04-29Defendant's sentencing memorandum and declaration regarding victim impact and motion to revoke probation filed.
- 2015-05-06Supplemental declaration in support of sentencing memorandum filed with letter.
- 2015-05-08Sentencing hearing; defense counsel declares doubt as to defendant's competency; criminal proceedings suspended; matter continued to 2015-05-11 in Department 15 for appointment of expert.
- 2015-05-11Appointment of expert under PC 1369; Dr. French appointed to evaluate competency and ability to represent self; order specifies issues to address; matter continued to 2015-06-08.
- 2015-06-08Status hearing and PC 1369 report from Dr. French; court finds defendant competent, reinstates criminal proceedings; probation remains administratively revoked; case transferred to Department 21 for motion to revoke probation.
- 2015-06-08Separate calendar: status; defense motion for OR release denied; supervised pretrial release eligibility report and sentencing continued.
- 2015-06-09Defendant's motion for PC 1369 report, memorandum of points and authorities, and declaration filed.
- 2015-06-12Sentencing, supervised pretrial release eligibility, and defense motion for PC 1369 report; defendant clarifies intent was to request Marsden, not Faretta; court finds no Faretta motion pending; closed hearings held on Marsden and McKenzie motions, both denied; matter continued for SPR eligibility report and sentencing and PC 1369 report.
- 2015-06-12Defense notice of motion to terminate probation filed, with memorandum and declaration of conflict counsel Clifford Gould.
- 2015-06-19Supervised pretrial release eligibility; defendant ordered to report to supervised pretrial release three times daily; defendant ordered not to possess electronic devices and not to use the internet within 24 hours of release; APD to calculate custody credits and projected release date; surrender continued.
- 2015-06-22People's opposition to defendant's motion to terminate probation filed.
- 2015-06-24Calendar: surrender; bench warrant issued due to failure to appear; court allows limited oral communication by phone or electronically, but denies request to use a computer; probation revoked and new bench warrant with night service issued.
- 2015-12-15Bench warrant discharged; bench warrant return hearing; defendant appears under PC 4011.5; matter continued to set sentencing; restraining orders remain in effect.
- 2015-12-16Calendar: to set sentencing; court relieves conflict attorney Clifford Gould; Public Defender's Office appointed.
- 2015-12-21Calendar: identify PD counsel and to set sentencing; James Senal identified as counsel; supplemental APD report ordered; bench warrant return and 4011.5 hearing scheduled; continued to set and for APD supplemental report.
- 2015-12-30Calendar: to set 4011.5, Marsden hearing, Faretta motion, and habeas corpus issues; closed Marsden hearing held and denied; court orders transcript and hearing from 2015-12-21 sealed; Faretta hearing started but continued at defense request due to defendant reporting not feeling well; Faretta hearing continued to 2016-01-08.
- 2016-01-08Faretta hearing; court continues matter to Department 15 for appointment of doctor and evaluation; APD supplemental report scheduled; Faretta motion continued.
- 2016-01-11Appointment of Dr. French under PC 1369 to evaluate whether defendant has severe mental illness that would impair self representation; order sets parameters for opinion under People v. Johnson; matter continued to 2016-02-08.
- 2016-01-22Calendar: to set, status of Department 15 proceedings and APD supplemental report; defendant withdraws Faretta motion; supplemental report and further hearings on DA motion to revoke scheduled.
- 2016-02-01Calendar: to set or resolve; DA motion to revoke probation hearing continued.
- 2016-02-18District Attorney's request for judicial notice filed.
- 2016-02-26DA motion to revoke probation hearing; defendant makes oral Marsden motion; Marsden hearing held with DA excluded and denied; court continues matter to Department 15 for appointment of clinician and evaluation for Faretta motion.
- 2016-02-29Appointment of Dr. Jeko to evaluate defendant under PC 1369 criteria specifically for Faretta request; order defines evaluation questions regarding severe mental illness and ability to self represent; matter set for 2016-03-28.
- 2016-03-28Calendar: report from Dr. Jeko regarding Faretta motion; date of 2016-04-11 confirmed.
- 2016-04-11Faretta motion hearing; court denies defendant's request for self representation; DA motion to revoke probation continued to 2016-04-15.
- 2016-04-15DA motion to revoke probation hearing; defendant makes oral Marsden motion, which is denied; exhibits including email to the court admitted; defendant testifies; court finds defendant in violation of probation; probation officer Oscar Martinez identified; sentencing on DA motion to revoke set for 2016-04-29.
- 2016-04-27DA sentencing recommendation on motion to revoke probation filed.
- 2016-04-28DA sentencing memorandum of victims and declaration of James McManis filed.
- 2016-04-29Marsden motion heard and denied; defendant advised of rights and admits probation violation; probation revoked; court imposes straight sentence under PC 1170(h)(5)(A): 3 year upper term on Count 2 to be served in county jail; defendant awarded 244 days actual custody and 244 days conduct credit (total 488 days); probation revocation restitution fine set at 300; various sentencing details recorded.
- 2016-05-03Defendant's notice of felony appeal filed.
- 2016-05-10Motion and petition for recall of sentence with points and authorities filed.
- 2016-05-23People's opposition to defendant's petition for recall of sentence filed.
- 2016-05-27Calendar: petition for recall of sentence; motion denied; sentence of 2016-04-29 stands.
- 2016-08-10Calendar: modification of sentence; court clarifies that probation revocation restitution fine under PC 1202.44 is 200; order striking requirement to report to Post Release Community Supervision; court orders transcripts of proceedings prepared for counsel and Court of Appeal.
- 2016-08-24Defendant's motion for resentencing and or modification of sentence filed with points and authorities and declaration.
- 2016-09-13Defense motion for resentencing and or modification of sentence heard; former defense counsel James Senal present; court appoints Richard Fitzer to represent defendant for this purpose; motion argued and denied on the record.
- 2016-10-26Hearing to read remittitur onto the record; remittitur read; appeal dismissed.
- 2016-11-10Defendant's second notice of felony appeal filed by mail.
- 2017-09-20Calendar: hearing to read remittitur onto record; Court of Appeal judgment affirmed; remittitur spread upon the minutes.
- 2018-07-20Petition and order to suspend certain fees under San Francisco Board of Supervisors ordinance 180132 signed and filed.
- 2018-12-28Order suspending active collections under Government Code sections 25259.7 to 25259.95 entered.