Former Mayor Carmen Sabatino was granted a stay, for the second time, by

the Fifth District Court of Appeals in Fresno.

The court made it clear what direction it gave Judge Franklin Stephenson in the order

granting the previous stay. See Attachment.

The Mayor was to be booked at 9:00 this morning.  He was denied access to jail records

and they were not in the Court Clerks file.

The Modesto Bee has not yet reported the filing of the writ or the granting of the stay.

In past reporting the Bee has chosen phrases like “off the hook”, or mayor “skates”,

or Sabatino “not out of the woods”.

This is to be expected since Bee Editor Mark Vasche was part of the prosecution team

that went after the former mayor.  

Judge Franklin Stephenson and Modesto Bee attorneys were successful in preventing Vasche

from being a witness at the trial. Please Click On Read More

I still need to learn how to put a PDF file onto the web site, so I will type out the order from the Fifth Appellate District Court in Fresno.

                                                                                    IN THE

Court of Appeal of the State of California

 IN AND FOR THE

 Fifth Appellate District

           CARMEN SABATINO,

                             Petitioner,

                   V                                                                Filed

                                                                                                                   FEB 28 2007 

           THE SUPERIOR COURT OF STANISLAUS

           COUNTY

By The Court:

     Real party in interest is directed to file on or before 15 days from the date of this order, an informal response addressing the following issue:

     1.     Did the Stanislaus Superior Court have jurisdiction to issue the February 16, 2007 order directing petitioner to appear for booking since no criminal proceedings were pending at that time. (Note:  This court's opinion filed on February 15, 2007, (F051639) directed the Stanislaus County Superior Court to reschedule a hearing on petitioner's Order to Show Cause Re Contempt after providing adequate notice to petitioner. It did not direct the Issuance of a new order.)

      The order of the Stanislaus County Superior Court filed February 16, 2007, ordering petitioner to present himself to the county jail on March 2, 2007, for booking, including photograph and fingerprinting, is stayed pending further order of this court.

*Before Harris, Acting P.J., Cornell. J., and Hill, J. 

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