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neiore pronouncing nis sentence, Judge Foley reminded Dean that he was advised of his right to counsel before he pleaded guilty, and that both young men had signed waiver of counsel agreements. “I instructed you of your right to counsel, and you made a voluntary and intelligent waiver of that right.”
Judge Foley said that his intent, in assigning the two to the CDI program, was that they should make a contribution to the communities w here they reside.
Dean's co-defendant. Judge Foley noted, has performed his service and paid his costs.
“You are back here ... As Mr. Luke pointed out, you have an excuse for everything . . . You are in severe financial difficulty. I must determine if you are in contempt, and what to do. You will be 20 in July. You are not off to a very good start.”
“I gave you one chance,” Judge Foley reminded the young man. "Apparently I didn't get your attention. If you had a wreck, I believe you could have invested a couple of dollars to call this court.”
After finding Dean in contempt. Judge Foley told the defendant he was relieved of paying his share of the restitution, as well as immediately settling the $455 court costs.
The judge then told Dean that he would have to serve the balance of the 191-day jail term suspended at the original sentencing. “It gives me no pleasure to send you to jail, but I have very little, patience with your excuses,” Judge Foley told the yciung man.
Dean began to ask if he could say something, but Judge Foley cut him off. “No more,” he said, requesting that Mr. Fallon advise the young man of his right of appeal of the sentence.
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