San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"
MOTION TO AMEND
IN THE SUPERIOR COURT OF SAN ANDREAS
State of San Andreas v. Tony Fontaine
#23-CM-0035
A Motion to Amend was filed in the above case on the 14th of March, 2023.
State of San Andreas v. Tony Fontaine
#23-CM-0035
A Motion to Amend was filed in the above case on the 14th of March, 2023.
The State of San Andreas, by and through the undersigned attorney, filed this Motion to Amend, the original charges with the underlined amended charges.
- Original Charges
- NM03 - Unlawful Assembly
- GM10 - Failure to Comply / Identify
- GM19 - Face Concealment (b)
- GM04 - Resisting Arrest
- VF01 - Evading an Officer
- GF11 - Grand Theft Auto of a Gov. Employee
- Amended Charges
- NM03 - Unlawful Assembly
- GM10 - Failure to Comply / Identify
- GM19 - Face Concealment (b)
- GM04 - Resisting Arrest
- VF01 - Evading an Officer
- Primarily GF11 - Grand Theft Auto of a Gov. Employee, subsidiarily GF11 - Accessory to Grand Theft Auto of a Gov. Employee
- GF24 - Perjury
- Detailed Explanation:
The Prosecution notes that since the time of the original Motion to Amend Charges, the Superior Court of San Andreas has ruled that the lessed included doctrine is in fact applicable in cases, which was not evident at the time of writing this original Motion. As such, and as this renewed Motion to Amend Charges has been submitted over 24 hours before the start of the trial, with the available evidence in mind, the Prosecution will be pursuing primarily GF11 - Grand Theft Auto of a Gov. Employee, subsidiarily GF11 - Accessory to Grand Theft Auto of a Gov. Employee.
Furthermore, with reference to the Motion for Discovery, the Prosecution notes that as per the Defendants' narrative under oath as submitted to the court, the Defendant has knowingly and willingly made numerous clearly untrue statements in this official statement to mislead the court in this trial. In this respect, the Prosecution notes to the following sentences:- 1. Upon this a cop cruiser pulls up and demands me to get inside the car (they have a gun). - please refer to previous evidence exhibits where it can be concluded that these individuals were in fact affiliated with each other.
- 2. End of story, they drive over spike strips and I get out of the back seat of the car and start limping around the corner. - refer to previous evidence exhibits where it becomes abundantly clear the Defendant was actively running rather than limping.
- 3. I get into the city to play poker and sell my car and I end up in jail for complying, - the Prosecution notes with reference to the evidence exhibits as previously presented to the court that the Defendant clearly did more than just playing poker and attempting to sell a car.
- 4. I comply with the criminals and get thrown into jail as an innocent man. - refer to previous evidence exhibits where it becomes abundantly clear the Defendant was in fact complicit and affiliated with the other individuals.
- 5. I was put into jail for no reason, other then being held hostage in the back seat of the car. I was unlawfully jailed. - refer to previous evidence exhibits where it becomes abundantly clear the Defendant was in fact not held hostage by his affiliated people.
The Prosecution notes that in case the Prosecution had not been able to present the abundantly clear evidence as kindly provided by the Los Santos County Sheriff's Department as previously presented to the Court, these false statements by the Defendant, which are in a direct relation to this trial, would at the very least have had the potential to affect the outcome of the trial. As such, the Prosecution can only conclude that the action of knowingly and willingly providing these false statements to the court should only result in the application of the charge GF24 - Perjury.
Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]