Case Information


CR42-22-9445 | State of Idaho Plaintiff, vs. Joel Gutierrez, Jr Defendant.

Case Number
CR42-22-9445

Court
Twin Falls County Magistrate Court

Judicial Officer
Kershaw, Thomas D., Jr

File Date
11/22/2022

Case Type
Criminal

Case Status
Inactive Pending - (Warrant/Det Order)

Party

State
State of Idaho

 

Active Attorneys

Lead Attorney
Swafford, Nicole Lynn
Attorney
Twin Falls City Prosecutor

Inactive Attorneys

Attorney
Nope, Shayne Thirman

Defendant
Gutierrez, Joel, Jr

DOB
XX/XX/1995

 

Active Attorneys

Attorney
Henry, Richard Kevin

Public Defender

Attorney
Sayre, Elizabeth Joyce

Retained

Attorney
Office of the Public Defender-Twin Falls

Public Defender

Lead Attorney
Wasden, Brant Rex

Public Defender

Charge

Charges
Gutierrez, Joel, Jr
  DescriptionCitationStatuteLevelDate
1Controlled Substance-Possession of I37-2732(c)(3)_MMisdemeanor11/16/2022
2Drug Paraphernalia-Use or Possess With Intent to Use193066I37-2734A(1)Misdemeanor11/16/2022
3Probation Violation - MD MPVNot Applicable09/29/2023
4Probation Violation - MD MPVNot Applicable08/13/2024

Bond Settings


Setting Date
8/14/2024
9/29/2023

Bond


Bond TypeBond NumberBond AmountCurrent Bond Status
Surety BondAB23-17052110000.00Exonerated

Disposition Events

05/30/2023 Plea

Judicial Officer
Kershaw, Thomas D., Jr

1
Controlled Substance-Possession of
None

11/29/2022 Plea

Judicial Officer
Kershaw, Thomas D., Jr

2
Drug Paraphernalia-Use or Possess With Intent to Use
Not Guilty

11/09/2023 Plea

Judicial Officer
Kershaw, Thomas D., Jr

3
Probation Violation - MD
Admit

05/30/2023 Disposition

Judicial Officer
Kershaw, Thomas D., Jr

2
Drug Paraphernalia-Use or Possess With Intent to Use
Dismissed on Motion of Prosecutor
1
Controlled Substance-Possession of
Guilty (No Plea Agreement)

01/11/2024 Disposition

Judicial Officer
Kershaw, Thomas D., Jr

3
Probation Violation - MD
Admission/Finding of Probation Violation

05/30/2023 Misdemeanor Sentence

1
Controlled Substance-Possession of
Misdemeanor Sentence

Confinement

Type: County Jail

Facility: Twin Falls County Jail

Term: 90 Days

Suspended: 90 Days

Discretionary: 10 Days

Effective Date: 05/30/2023


Fee Totals


$197.50

$500.00

$60.00

$75.00


Fee Totals

$832.50

Condition - Adult

1. Supervised Probation, 6 months supervised at discretion of the PO, $60.00, 12M, 05/30/2023-05/30/2024, Active 05/30/2023

2. Community Service, to be completed within 120 days at the discretion of the PO, 100H, 05/30/2023-09/27/2023, Active 05/30/2023

Comment: Complete Substance Abuse Evaluation and comply with any recommendations


06/23/2023 Amended Misdemeanor Sentence

Amend Reason
Court Ordered

1
Controlled Substance-Possession of
Misdemeanor Sentence

Confinement

Type: County Jail

Facility: Twin Falls County Jail

Term: 90 Days

Suspended: 90 Days

Discretionary: 10 Days

Effective Date: 05/30/2023


Fee Totals


$197.50

$500.00

$60.00

$75.00


Fee Totals

$832.50

Condition - Adult

1. Supervised Probation, 6 months supervised at discretion of the PO, $60.00, 12M, 05/30/2023-05/30/2024, Active 05/30/2023

2. Community Service, to be completed within 120 days at the discretion of the PO, 100H, 05/30/2023-09/27/2023, Active 05/30/2023

Comment: Complete Substance Abuse Evaluation and comply with any recommendations


Fee Totals

Due: 06/30/2023


$100.00


Fee Totals

$100.00

Fee Totals

Due: 06/30/2023


$97.00


Fee Totals

$97.00

Fee Totals

Due: 06/30/2023


$75.00


Fee Totals

$75.00

01/11/2024 Misdemeanor Sentence

3
Probation Violation - MD
Misdemeanor Sentence

Comment

Comment (Probation revoked; reinstated, extended 8 months beginning today; Sanction 31 days jail imposed; work release authorized; 1 day CTS; Work release also includes attending treatment; Report 1/12 at 7 pm)


01/11/2024 Amended Misdemeanor Sentence

Amend Reason
Probation Violation

1
Controlled Substance-Possession of
Misdemeanor Sentence

Confinement

Type: County Jail

Facility: Twin Falls County Jail

Term: 90 Days

Suspended: 90 Days

Discretionary: 10 Days

Effective Date: 05/30/2023

Details: Sanction for PV; 31 days imposed; 1 day CTS; Work Release authorized to include attending treatment; Report to jail 1/12 at 7:00 PM

Work Release


Fee Totals


$197.50

$500.00

$60.00

$75.00


Fee Totals

$832.50

Condition - Adult

1. Supervised Probation, Probation in CR42-23-6839 also. Assessing fees in that case.1/11/24: Probation revoked; reinstated and extended 8 months from today 6 months supervised at discretion of the PO, 12M, 05/30/2023-09/11/2024, Active 01/11/2024

2. Community Service, to be completed within 120 days at the discretion of the PO, 100H, 05/30/2023-09/27/2023, Active 05/30/2023

Comment: 1/11/24: Probation revoked; reinstated and extended 8 months from today Complete Substance Abuse Evaluation and comply with any recommendations


Fee Totals

Due: 06/30/2023


$100.00


Fee Totals

$100.00

Fee Totals

Due: 06/30/2023


$97.00


Fee Totals

$97.00

Fee Totals

Due: 06/30/2023


$75.00


Fee Totals

$75.00

Events and Hearings


  • 11/22/2022 New Case - Criminal

  • 11/29/2022 Arraignment

    Comment
    counter

  • 11/29/2022 Notification of Rights

    Comment
    misdemeanor

  • 11/29/2022 Notice of Hearing

    Comment
    Pre Trial Conference

  • 01/17/2023 Application for Attorney at Public Expense

  • 01/17/2023 Order Appointing Public Defender

  • 01/18/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

  • 01/18/2023 Request for Discovery and Inspection

  • 01/18/2023 Response to Request for Discovery

  • 01/18/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 01/18/2023 Continued

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 01/19/2023 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 01/20/2023 Request for Discovery & Response to Request for Discovery

    Comment
    Response to Demand for Sworn Complaint

  • 02/07/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Sayre, Elizabeth Joyce

  • 02/07/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/07/2023 Continued

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/08/2023 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/23/2023 Amended Complaint Filed

    Judicial Officer
    Campbell, Calvin H.

  • 02/28/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Sayre, Elizabeth Joyce

  • 02/28/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/28/2023 Continued

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 03/01/2023 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 03/10/2023 Supplemental Response to Request for Discovery

  • 03/21/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Sayre, Elizabeth Joyce

  • 03/21/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 03/21/2023 Continued

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 03/22/2023 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 04/24/2023 State's Supplemental Response to Request for Discovery

  • 05/02/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Sayre, Elizabeth Joyce

  • 05/02/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 05/03/2023 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 05/25/2023 Sentencing Record Packet

  • 05/30/2023 Acceptance of Plea and Sentencing

    Original Type
    Acceptance of Plea and Sentencing

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    8:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Sayre, Elizabeth Joyce

  • 05/30/2023 Judgment

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 05/30/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 05/30/2023 Supervised Probation Ordered

  • 05/30/2023 Deferred Payment Agreement

  • 05/30/2023 Case Final Judgment Entered

  • 06/23/2023 Judgment of Restitution

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 06/23/2023 Deferred Payment Agreement

    Comment
    AMENDED (include restitution)

  • 07/21/2023 Affidavit & Notice of Failure to Pay

  • 09/28/2023 Account in Collections

  • 09/29/2023 Probation Violation Report

    Comment
    Report of Probation Violation

  • 09/29/2023 Motion to Revoke Probation

    Comment
    ExParte Motion for Revocation of Probation and Issuance of A Bench Warrant

  • 09/29/2023 PV Warrant Issued

  • 10/12/2023 Sheriff's Inmate Screening Report

  • 10/12/2023 Bond Posted - Surety

    Comment
    $10,000.00 Viking Bail Bonds {Posted at Jail 10/11/2023}

  • 10/12/2023 Promise to Appear

    Comment
    Wednesday, October 18, 2023 from 8-12 pm

  • 10/12/2023 County Jail Packet

    Comment
    {Bonded}

  • 10/12/2023 PV Warrant Returned

  • 10/18/2023 Def. Appeared, as signed, for Promise to Appear at Bond Out

  • 10/18/2023 Notification of Rights Re: Probation Violation

  • 10/18/2023 Notice of Hearing

    Comment
    PV - Evidentiary

  • 11/09/2023 Probation Violation - Evidentiary

    Original Type
    Probation Violation - Evidentiary

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    9:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

  • 11/09/2023 Court Minutes

  • 11/09/2023 Admission Entered

  • 11/09/2023 Notice of Hearing

  • 11/30/2023 Probation Violation - Disposition

    Original Type
    Probation Violation - Disposition

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    9:30 AM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Sayre, Elizabeth Joyce

  • 11/30/2023 Court Minutes

  • 11/30/2023 Continued

  • 11/30/2023 Notice of Hearing

  • 01/11/2024 Probation Violation - Disposition

    Original Type
    Probation Violation - Disposition

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    9:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Gutierrez, Joel, Jr

    Public Defender: Wasden, Brant Rex

  • 01/11/2024 Court Minutes

  • 01/11/2024 Order of Probation Violation

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 01/11/2024 Order of Probation Violation

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Amended

  • 01/11/2024 Bond Exonerated

    Comment
    $10,000.00 Viking Bail Bonds

  • 01/11/2024 Case Closed

  • 05/08/2024 Order Amending Conditions of Probation

  • 08/13/2024 Motion to Revoke Probation

    Comment
    Ex Parte Motion for Revocation of Probation and Issuance of a Bench Warrant

  • 08/13/2024 Probation Violation Report

    Comment
    Second

  • 08/14/2024 PV Warrant Issued

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/19/2025 Notice- State Tax Withholding-Diversion of Funds to Court

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