Untitled
| Submitted | Jan. 21, 2022 |
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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:
1. The number of criminal complaints filed between January 1, 2019, through January 1, 2022, that included an enhancement pursuant to Health & Safety Code section HS11370.4(b)(4) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
2. Any list or database of criminal complaints filed between January 1, 2019, through January 1, 2022, that included an enhancement pursuant to Health & Safety Code section HS11370.4(b)(4) 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,
Anonymous Anon
From:
Dear Requestor,
I write in response to your January 21, 2022 CPRA email to the Santa Clara County District Attorney's Office ("DA's Office"). After reviewing your requests, the DA's Office responds as follows:
Request No. 1
With respect to Request No. 1, the DA's Office will provide information on the number of criminal complaints filed by the DA's Office between January 1, 2019 and January 1, 2022 that included an enhancement pursuant to Health and Safety Code section 11370.4(b)(4), as well as a breakdown of the race of each charged defendant. The DA's Office has no responsive records regarding the ethnicity or national origin of the charged defendants. The cost of this task pursuant to Government Code section 6253.9(b)(2) is $78.32. The DA's Office will generate this information after receiving payment, and payment instructions may be found below.
Request No. 2
With respect to Request No. 2, to the extent your request seeks individual criminal complaints, such information is protected from disclosure as criminal offender record information under Penal Code sections 13102 and 13300; Craig v. Municipal Court (1979) 100 Cal.App.3d 69; and Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157.
For Request No. 1, 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
Sincerely,
[A picture containing logo Description automatically generated]
Grace Kouba | 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) 299-6939 | Facsimile: (408) 292-7240
Pronouns: she/her/hers
grace.kouba@cco.sccgov.org<mailto:grace.kouba@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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From: Anonymous Anon
To Whom It May Concern:
Please find enclosed a check for $78.32 to satisfy the fee associated with the attached public records request.
Thank you.
Office of the District Attorney
PRA Office
West Wing
70 West Hedding Street
San Jose, CA 95110
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Jan. 21, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Santa Clara County Office of the District Attorney
Dear Requestor,
I write in response to your January 21, 2022 CPRA request to the Santa Clara County District Attorney's Office ("DA's Office"). The DA’s Office has received your check for $78.32 and is processing it now. We will begin gathering the requested information once the check clears.
Thank you.
[cid:image001.png@01D84810.0C8B6C10]
Grace Kouba | 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) 299-6939 | Facsimile: (408) 292-7240
Pronouns: she/her/hers
grace.kouba@cco.sccgov.org<mailto:grace.kouba@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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Jan. 21, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Santa Clara County Office of the District Attorney
Dear requester,
I write in further response to your January 21, 2022 CPRA request to the County Santa Clara’s Office of the District Attorney ("DA's Office"). Pursuant to your request, the DA’s Office has performed a system-wide data search to identify the number of criminal complaints filed by the DA's Office between January 1, 2019 and January 1, 2022 that included an enhancement pursuant to Health and Safety Code section 11370.4(b)(4), as well as a breakdown of the race of each charged defendant. This system-wide search yielded one result, indicating that the DA’s Office filed one criminal complaint of this type within the requested timeframe. The defendant in that case was Latino.
This concludes the DA’s Office’s response to your request.
Thank you.
[cid:image001.png@01D853D7.5567A700]
Grace Kouba | 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) 299-6939 | Facsimile: (408) 292-7240
Pronouns: she/her/hers
grace.kouba@cco.sccgov.org<mailto:grace.kouba@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