Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

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Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Harley Pavlovich »

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Personal Information:
DEFENDANTS NAME: Harley Pavlovich
DEFENDANTS PHONE: 4714790
DEFENDANTS ADDRESS: N/A
ATTORNEY NAME: Letov Vladislav
ATTORNEY PHONE: 4181478
General Information:
OFFICERS NAME: (N/A If Unknown) Sgt Porter
RANK: (N/A If Unknown) Sergeant
BADGE NUMBER: 8871
ATTORNEY NAME:
ATTORNEY PHONE:
Incident Information:
DATE AND TIME OF INCIDENT(s):
29/SEP/2021 - 22:00

CHARGES BEING APPEALED:
Illegal Drug Possessions with Intent of Sale.
Possession of a controlled substance while armed.

DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)

Wednesday night I was on my farm up in grapeseed doing some gardening. After a few hours of gardening, I saw a Sherrif arrive on my land. I decided to leave the farm, when the SD cruiser stopped me after a while.

When exiting my vehicle, I was placed under arrest for an illegal firearm. The deputy then searched my Paragon. In the trunk of my Paragon was all of the weeds that I had removed from my garden previously. I had them all loosely placed in a trash bag in order to dispose of them later on, aswell as having 7 of these plants on my person when being placed under arrest.

After the deputies investigated, these plants turned out to be Marijuana plants. The plants were loosely thrown in my trunk in a trash bag, and were not singled out, measured and bagged up individually, signifying that I was not planning on selling these plants.

I am appealing these charges because I believe I was wronged on both of these charges. This is why:

To my knowledge, a marijuana plant is not counted as an illegal substance, however processed marijuana rolled up into blunts is.

I was informed by the sergeant that any Marijuana posession that is under 8 counts of Marijuana is not counted as an illegal substance.

I had a total of 7 Marijuana plants on my person, along with the illegal firearm.

Following this logic, I did not have an illegal substance on my person at the time of me being in possession of a firearm. Leading me to believe the charge of "Possession of illegal substance while armed" charge is invalid.

I also believe that it was extremely obvious that my possession of the Marijuana plants was not with intent to sell or distribute these plants. They were loosely thrown into a trash bag in the trunk of my vehicle. They were not singled out, bagged individually or measured, as someone would normally do in the case of someone intending to distribute and sell drugs.

I decided to question the deputies who were on scene to get some information out of them.

I asked each of the deputies the following question. "Do you truly believe that I am in possession of these Marijuana plants with intent to sell them".

Each deputy refused to answer this question, stating that they would not like to incriminate themselves by saying that they do not believe that I have intent to sell these plants.
I then replied saying I am not forcing them to incriminate themselves by saying yes, but I would like to know if they truly believe I am intending to sell these plants.

Each officer refused to answer this question.

During my wrongfully timed stay in the Department of Corrections, I was constantly harassed, attacked and tramatised during my stay.
If it weren't for this incorrect charge, I would not have stayed in DOC for as long as I did, and I would not have become a victim to this tramatising situation.
I have planned a visit to the Medical Department to be looked at by a Psychologist, as I do not feel safe in the open world after my tramatising stay at the Department of Corrections.


Signed,
Harley Pavlovich

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Re: Harley Pavlovich | Charges Appeal 29/09/2021

Post by Bret Hyland »

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Re: William Taylor | Charges Appeal | 09/25/2021
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  • Ms. Pavlovich,
    I see you have attorney Vladislav employed, as such has he commenced work on this case to provide some information prior to a judge reviewing the case to ensure there is justification to pursue.

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Re: Harley Pavlovich | Charges Appeal 29/09/2021

Post by Zachary LaBlaze »

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  • Your Honor,

    My name is Zachary LaBlaze and I will be acting as counsel for the Los Santos Sherriff's Department in this case. I will be reaching out to my client and familiarizing myself with the case will be ready to proceed at the court's discretion.

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    Attorney Zachary LaBlaze
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    (209) 538 - 4399 / [email protected]
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Re: Harley Pavlovich | Charges Appeal 29/09/2021

Post by Bret Hyland »

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Re: Harley Pavlovich | Charges Appeal 29/09/2021
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  • Councilors this case is now active, please submit your notice for discovery and notice of actions to the corresponding persons. I hope to conclude this case quickly.

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Re: Harley Pavlovich | Charges Appeal 29/09/2021

Post by Albert Lewis »

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Re: Harley Pavlovich | Charges Appeal 29/09/2021
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  • Your Honor,

    My name is Albert "Big Al" Lewis and i will be taking over as acting counsel for the Los Santos Sheriff's Department in this case. I am familiarizing myself with the case and will reaching out to the client to gather more information

Respectfully,


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Re: Harley Pavlovich | Charges Appeal 29/09/2021

Post by Bret Hyland »

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Re: Harley Pavlovich | Charges Appeal 29/09/2021
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  • Ms. Pavolvich, Counsellor Lewis.

    Ms. Pavolvich, please understand that Counsellor Vladislav is no longer an employee here at the Judicial Bureau, thus you may seek new counsel or employ Mr. Vladislav yourself. Understand that currently there are no regulations in place for private attorneys outside of the Bar Licensing bureau and as such you are required to do your own due diligence when employing an attorney. To continue to permit him to represent, we require a signed, authenticated contract between both parties. You will be permitted 7 days to provide one.

    Whilst this is being concluded, respondent and appellant sides please present your motions for discovery and requests so we may progress with this case.

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Re: Harley Pavlovich v. Sheriff's Department | Docket #

Post by Harley Pavlovich »

Good evening,

After discussion with State Attorney Sai Modi, I have decided to allow him to take over as my attorney for this case in replacement of Mr. Vladislav.
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Re: Harley Pavlovich v. Sheriff's Department | Docket #

Post by Sai Modi »

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Re: Harley Pavlovich v. Sheriff's Department
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  • Your Honor,

    My name is Sai Modi and I will gladly act as counsel for Ms Pavlovich in this case. I am familiarizing myself with the case and will be reaching out to the client to gather more information.

Respectfully,

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Re: Harley Pavlovich v. Sheriff's Department | Docket #

Post by Sai Modi »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable : Bret Hyland
  • We the defense in the case below are requesting the disclosure of the following material by opposing counsel, please find a detailed reason as to our request below.
    Harley Pavlovich vs. Los Santos County Sheriff's Department
    Assigned Court Case Number:
    Requesting Party: Defense
    Party Members: Harley Pavlovich through her attorney, Sai Modi
    Discovery from: Los Santos County Sheriff's Department

    Type of Discovery: Physical evidence & document request
    • Physical Evidence; body-cam footage from Sgt. Porter
      Document Request; The Arrest report of Harley Pavlovich
    Detailed reasoning: [Provide a detail explanation as to the relevance of the discovery request]
    • My client has been arrested by Sgt Porter and the LSSD on her private property that she owns. In order to arrange a defense appropriately, I would like to review the body-cam footage in regards to the arrest, as well as to review the arrest report entirely.

    Thank you for your consideration.
Sincerely
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Re: Harley Pavlovich v. Sheriff's Department | Docket #

Post by Albert Lewis »

Discovery
San Andreas Judicial Branch
Discovery

Honorable : Bret Hyland
  • We the prosecution in the case below are presenting the discovery as requested by the opposing counsel.
    Harley Pavlovich vs. Los Santos Sheriff's Department
    Assigned Court Case Number: Pending
    Requesting Party: State Attorney Sai Modi on behalf of Harley Pavlovich
    Discovery from: Los Santos Sheriff's Department

    Type of Discovery: Arrest Records and Documented Evidence
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      Los Santos County Sheriff's Department

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      • December 19, 2021
        Bellow is the arrest report for Harley Pavlovich.
        Darryl Lincoln wrote: Thu Sep 30, 2021 12:07 am Image
        ARREST REPORT
        MUGSHOT
        SUSPECT 1 DETAILS
        • Full Name: Harley Pavlovich
          Licenses Revoked: No
          Charges:
          • DM02 - Possession of a Controlled Substance While Armed
          • DF01 - Illegal Drug Possession with Intent of Sales
          • VF01 - Felony Evading
          • WF03 - Possession of Illegal Firearms/Weapons
          How did the suspect plea to the above charges?
          Suspect pleaded guilty to some of the charges.
          Additional Details (Suspect's vehicle, etc.) :
          Paragon R - LP: TRPQUEEN
        DEPUTY DETAILS
        • Full Name: Darryl Lincoln
          Badge Number: 21005
          Callsign: 11-R-28
        INCIDENT DETAILS
        • Date of Arrest: 2021-09-29
          Deputies Involved: Darryl Lincoln, Diego Ferguson, Christopher Porter

          Provide details of the incident leading up to the arrest
          • There was a pursuit that ended in the tunnels, she had a firearm on her as well as 7 marijuana plants, inside the vehicle I found 34 marijuana plants. due to what she had and what the penal code describes as intent to sell and while armed the charges were placed in those manners. Sgt Porter called Sheriff Hardy to make sure plants were a controlled substance.
        EVIDENCE DETAILS
        • Exhibit A: .50 pistol, 41 Marijuana plants
          Photo of the evidence in the locker (if applicable)
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        ARRESTING DEPUTY SIGNATURE
        Image

        Image


    We no longer have dashcam or bodycam footage as we have exceeded the statue of limitation of 30 days for the request of this and it has been removed from our database.

    Please let us know if any further evidence is needed.
    • Respectfully,
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    • Albert "Big Al" Lewis
      State Attorney
      San Andreas Judicial Branch

      464-6046
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Re: Harley Pavlovich v. Sheriff's Department | Docket #

Post by Sai Modi »

Motion to Compel Discovery
San Andreas Judicial Branch
Motion to Compel Discovery

Honorable : Bret Hyland
  • We the defense in the case below are requesting the disclosure of the following material by opposing counsel, please find a detailed reason as to our request below.
    Harley Pavlovich vs. Los Santos County Sheriff's Department
    Assigned Court Case Number: #
    Requesting Party: Defense
    Party Members: Harley Pavlovich, through her attorney Sai Modi
    Discovery from: Los Santos Emergency Medical Services

    Type of Discovery: Document Request
    • Document Request; All corresponding medical files in relation to Ms. Pavlovich.
    Detailed reasoning: [Provide a detailed explanation as to the relevance of the discovery request]
    • My client has suffered immeasurable damage to herself due to her prolonged stay at the San Andreas Department of Corrections, and we would like to assess the files in order to help us arrange an appropriate defense.

    Thank you for your consideration.
Sincerely
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Re: Harley Pavlovich v. Sheriff's Department | Docket #

Post by Bret Hyland »

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Re: Harley Pavlovich v. Sheriff's Department | Docket #
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  • Councilor Modi,

    Pertaining to your request from the Los Santos Medical Department, the most suitable course of action will be for you and your client to go to the LSMD administrations office and collect the information required, this is not information that the Sheriff's Department nor their attorney will have at their disposal as it is apart of your appeal, and I assume to increase compensation.

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Sai Modi »

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San Andreas Judicial Branch

Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017
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  • Your Honor,

    We the defense have reached out to the LSMD multiple times throughout the past week with no response, me and my client have sent E-mails and visited them in person but to no avail.

    We would like to kindly request the court for a notice of action to be sent to the LSMD in hopes of them sending us the files that we have been requesting during the past week.

Respectfully,

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Sai Modi
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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Bret Hyland »

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Re: Harley Pavlovich v. Sheriff's Department | Docket #
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  • Councilor Modi,

    You are approved to draft up a Notice of Action, and send it to the Chief of MD. Please submit a copy here for transparency.

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Sai Modi »

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017
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  • Your Honor,

    We have received the information and evidence before any notice of action was sent to the LSMD.

Respectfully,

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Sai Modi
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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Sai Modi »

Form 3.0.5 - Motion to Suppress
San Andreas Judicial Branch
Motion to Suppress
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Honorable : Associate Justice Bret Hyland
  • We the Defense in the case below are requesting that certain evidence be inadmissible in court.
    Assigned Court Case Number: 21-09-29-AP-017
    Requesting Party: Defense
    Party Members: Harley Pavlovich, Counsel Sai Modi
    Requested Evidence to Suppress: All evidence gathered from the closed storage of Ms. Harley Pavlovich's car.
    Detailed explanation:
    The deputy involved with the situation did not have any consent from Ms. Pavlovich to conduct a search on her vehicle, as well as the fact that the deputy did not have an active search warrant issued by the court to do so. We move to suppress any and all evidence that was gathered from within the closed storage of Ms. Pavlovich's car.

    Thank you for your consideration.
Respectfully,

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Sai Modi »

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Official Witness Statement
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Case Information
  • Case Number: 21-09-29-AP-017
    Incident Date: [29/SEP/2021]
Witness Information
  • Name: [REDACTED]
    Date of Birth: 04/AUG/1999
    Phone Number: 390-9705
    Occupation: Hunter/Trucker
Witness Statement
  • I, [REDACTED], acknowledge that I witnessed the following:
    Myself and Miss Pavlovich were at a private farm up north. I haven't been there too often so I was happy that she was letting me come watch her work. We joked around as she was pulling weeds out and filling up the trash bags. We were enjoying spending time together. When she was almost done, I left to go get some food cooking at home and getting her a nice bath ready since she seemed tired and was complaining about the heat. She didn't come home and I got extremely worried.
    I then found out she was arrested. When she finally got out of DOC something was different. She was a lot more quiet. I'd wake up at night to hear her crying. She had all these emotional walls up that she didn't before. She completely changed after that arrest. It got to the point where there was a serious strain on our relationship, leading to us breaking up and eventually getting back together. She was so broken it was like I didn't know her anymore. It's been hard to get her to open up about what happened. She still cries a lot at night, or would sit up and not sleep as if she's making sure nothing bad happens. No one should ever go through what she did and end up this broken. No one deserves that.
Witness Affirmation
  • I, [REDACTED], affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coersion. ((I affirm that all information submitted has been obtained via In-Character means.))

    Signed,

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    [REDACTED]

    Date: [06/JAN/2022]
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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Bret Hyland »

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017
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  • Motion to Suppress has been denied at this time. The appellant council has failed to prove that the inciting incident was invalid for the traffic stop resulting in the detainment for illegal firearms. Until such can be proven motion to suppress evidence collected due to the pursuit is denied.

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Sai Modi »

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San Andreas Judicial Branch

Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017
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  • Your Honor,

    I have spoken to my client and we are ready to continue with the case and any possible hearings that may come.

Respectfully,

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Sai Modi
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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Bret Hyland »

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Docket # 21-09-29-AP-017
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  • Councilors we will take this to trial this weekend.
    Please submit your client and your availability no later then Thursday Morning. Scheduling tool

    This will be a public trial, please ensure yourselves and clients are prepared appropriately as we will be permitting the public as well as Weazle news to attend should they desire.

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Bret Hyland »

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Docket # 21-09-29-AP-017
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  • Councilors due to the appellant being unavailable this weekend we will be rescheduling this. I have included a new scheduling tool with my availability to hear this trial.
    Please submit your client and your availability ASAP Scheduling tool

    This will be a public trial, please ensure yourselves and clients are prepared appropriately as we will be permitting the public as well as Weazle news to attend should they desire.

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Harley Pavlovich »

Your Honor,

Could you please verify the exact date and time for this hearing so I can plan ahead?

Kind Regards,

Harley Pavlovich
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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Bret Hyland »

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Docket # 21-09-29-AP-017
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  • Councilors,
    As the time for discovery has concluded we will now no longer accept additional information into the case file.
    The trial will take place the 29th day of January at 4pm ((16:00 utc)).

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Re: Harley Pavlovich v. Sheriff's Department | Docket # 21-09-29-AP-017

Post by Bret Hyland »

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Form 3.0.5 - Issuance of Verdict

San Andreas Judicial Branch

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ISSUANCE OF VERDICT - 21-09-29-AP-017

IN THE APPEALS COURT OF SAN ANDREAS

Harley Pavolvich v. Los Santos Sheriffs Department
21-09-29-AP-017

  • CHARGES BEING APPEALED:
    Illegal Drug Possessions with Intent of Sale.
    Possession of a controlled substance while armed

A verdict was entered in the above case on the 29th day of January, 2022.

  • The case of 21-09-29-AP-017 - Harley Pavlovich v. Los Santos Sheriffs Department has hereby been resolved.
    The appellant has hereby been found as not guilty of Illegal Drug Possessions with Intent of Sale. The changes will be removed from the record and they will be reimbursed $2,000 for the fines and compensated $4,875 for time spent incarcerated.

    After a lengthy review of all evidence and statements collected during trial, deliberations were made and a verdict was decided. Harley Pavlovich has hereby been exonerated from the charge of Illegal Drug Possessions with Intent of Sale placwd on the 29th of September, 2021. This case is now closed.



    Associate Justice Bret Hyland
    San Andreas Judicial Branch


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