Sales & Transportation
| Submitted | Jan. 26, 2023 |
| Est. Completion | None |
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Communications
From: Anonymous Anon
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1. The number of MISDEMEANOR criminal complaints filed between January 1, 2021, through January 21, 2023, that included charges for violations of California Health & Safety Code sections 11359(b) AND/OR 11360(a)(2) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
2. Any list or database of criminal cases by docket number filed between January 1, 2021, through January 21, 2023, that included charges for violations of California Health & Safety Code sections 11359(b) AND/OR 11360(a)(2) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
I am not available to clarify any of these requests by phone. Please send all follow up communications in writing by e-mail.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Anon 519
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Anonymous Anon
From: Santa Clara County Office of the District Attorney
Dear Requester,
I write in response to your January 26, 2023 California Public Records Act (CPRA) request to the County of Santa Clara Office of the District Attorney ("DA's Office"). Your request sought: (1) The number of misdemeanor criminal complaints filed between January 1, 2021, through January 21, 2023, that included charges for violations of California Health & Safety Code sections 11359(b) and/or 11360(a)(2) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant; and (2) Any list or database of criminal cases by docket number filed between January 1, 2021, through January 21, 2023, that included charges for violations of California Health & Safety Code sections 11359(b) and/or 11360(a)(2) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
With respect to Request No. 1, the DA's Office can provide the number of complaints with a breakdown of the race of the charged defendant. However, the DA's Office does not track the ethnicity or national origin of defendants and therefore is unable to provide you with that information. Please let me know if you would like the DA's Office to proceed with gathering the number of criminal complaints filed between January 1, 2021 and January 21, 2023 that include alleged violations of Health & Safety Code sections 11359(b) and/or 11360(a)(2) with a breakdown of the race of the charged defendant. If so, the DA's Office can provide you with the cost of the task pursuant to Government Code section 6253.9(b)(2) and instructions on how to submit payment.
With respect to Request No. 2, the right to privacy under the California Constitution and the regulatory scheme regarding criminal offender record information prohibits production of a list or database of the criminal complaints you request. See Cal. Const. art. I, § 1; Gov. Code § 6254(k); Penal Code § 13100 et seq. (in particular, Penal Code §§ 13102, 13201, 13300, 13303, 13304, 13305); Craig v. Municipal Court (1979) 100 Cal.App.3d 69; Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157.
I look forward to hearing from you regarding Request No. 1. If we do not hear from you by February 13, 2023, the County will consider this request closed.
Regards,
Shana
[cid:image001.png@01D93495.80C8B930]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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image001
From: Anonymous Anon
Please proceed with fulfilling the request.
From: Santa Clara County Office of the District Attorney
Dear Requester,
The cost of the task to provide you with the number of criminal complaints filed between January 1, 2021 and January 21, 2023 that include alleged violations of Health & Safety Code sections 11359(b) and/or 11360(a)(2) with a breakdown of the race of the charged defendant is $121.00. The DA’s Office will generate this information after receiving payment. Please follow the below payment instructions to ensure smooth processing of your request:
1. Make payment in the amount indicated above payable to: County of Santa Clara
2. Send payment and a copy of this email to: 70 West Hedding Street, West Wing, San Jose, CA 95110, Attention: Angela Bernhard
Thank you.
Regards,
Shana
[cid:image001.png@01D9371A.00ED7660]
Shana Heller | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5949
Pronouns: she/her/hers
shana.heller@cco.sccgov.org<mailto:shana.heller@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
