Kohlberg, John David ( 2015 )


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    |ncident Report
    SCHERTZ POL|CE DEPARTMENT
    CFS #200027098
    |ncident #200027098
    Adminis.trative: j
    Date Reported; 12/20/2000 CFS#I 200027098
    Location Address: 1029 VALLEY FORGE District: t Beat; Grid;
    l_ocation: 4
    Occurance From: 12/20/2000 @ 21:30 To: 12/20/2000 @ 21:46 vDay of_Week: WED
    status Date; 12/20/2000 `` status CA `` '
    Type; 21 Description: DRUG /NARCOT|C OFFENSE
    Reporteei ******- lnforma_tion Has Been Restricté:'g ****** Address:
    Ra<:e: W y Sex: M
    DOB; Age: 35 Home Phone; ' _ vvork Phone:
    ‘Mobi|e Phone:
    Source of Ca|l: OFFICER lN|T|ATED Time Received: 21:30 Time Dispatched: 21:30 .Time Arrived: 21 :30 Time C|eared: 22:02
    Name: HA_RDCASTLE, ROBERT KE|TH
    ' Name: RlSTOW, HAROLD J
    Reporting Officer1 |D: 34.10
    Reporting Officer 2 |D: 3604
    investigating Offlcer |D: ' ' Namef
    Entered By: BCONV Entered Date: 05/16/2002
    Offense:
    offense Poss._ss:-o;»-:':-.~.AR:.' -< zc~z H``sc.w.; 1
    UCR Code: lBR Code: 35A v CJ|S Arrest Code: 3562 0008
    Offense M.O.
    Forced: No
    Type of Location: RESIDENCE / HOME
    Point of Entry: v
    |V|ethod of Entry:
    Fami\y Vio|ence: No
    Offender Used: Drugs
    Bias Nlotivation: ANTl-NONE
    Weapons lnvo|ved:
    Entered By; BCONV Entered Date: 05/16/2002 v
    _ Offense Note:
    Wrest:
    09/06/2007 17105
    Page 1 of 3
    Date Arrested: 12/20/2000 Time Arrested: 21 :46 Ce|| No: Date Re|eased; 12/21/2000
    Address: 1029 VALLEY FORGE ``
    SCHERTZ, TX 78154
    Arrest#: 00544
    Name: KOLBERG, JOHN DAV|D
    Race: W . Sex: M
    DOB: 05/19/1964 Age: 36 0 Home Phone: ( ) - Work Phone:( ) -
    Juveni|e: N ' Caution: |V|obi|e Phone:( ) -
    DL#: 10845977 DL State: TX Dl. Type; C Employer: TONY REYES_ Occupation: FLOOR MACH
    ArrestLocation: 1029 VALLEY FORGE Cityi District: 2
    Agency: SCHERTZ POL|CE DEPARTMENT
    Arresting Officer: 3410 HARDCASTLE, ROBERT KEITH
    Booking Oft"icer: 3410 HARDCASTLE, ROBERT KE|TH
    Transfer Officer: 3410 v HARDCASTLE, ROBERT KE|TH
    Entered By: BCONV Entered Date: 05/16/2002
    Charge(s):
    POSSESS|ON MAR|J < 202 ' UCR: lBR: 35A |ncident#: 200027098'
    Charge Note:
    ucR; lBR: 992 lncident#: 200027098
    WARRANT ARREST OUTS|DE AGENCY
    Charge Note:
    Arrest Narrative’:
    lNarrative: -. _,
    adalupe County,
    _ On 12-_20-2000 at 2130an l R. Hardcastle #3410 along with officer H. Ristow went to 1029 Valley Forge, Schertz, Gu
    Texas, for a warrant service.
    Upon arrival I knocked on the front door to the residence A female subject opened the door and I immediately detected the strong
    odor of burnt marijuana emitting from inside the residence I asked the female subject if J. Kolberg was home, she stated yes and went
    and got him. J. Kolberg then came to the front door. l asked him to step outside and place his hands behind back at which point _he was
    handcuffed behind the back. l advised J. Kolberg that he was under arrest for confirmed misdemeanorwarrants out of Coma| County
    S.O.
    After J. Kolberg was handcuffed he mumbled something at the female subject then turned the right side of is body towards her. The
    put her right hand in J. Kolberg's front right pocket The female then quickly removed her hand which
    ie. Officer H. Ristow then ordered the female subject to lethim see what was in her right
    from myself and officer H. Ristow and attempted to conceal her right hand inside to open
    green leafy substance
    v female subject then ran up and
    contained car keys and a small plastic bagg
    hand. The female subject then turned away
    front door t_o the residence Ofticer I-l. Ristow then grabbed her hand and retrieved a plastic baggie containing a
    (alleged marijuana). I asked J. Kolberg why he allowed the female subject to remove the alleged marijuana from his pocket and he
    stated "l ``didn't want another charge besides the warrant". _
    J. Kolberg was then transported to Schertz P.D. for processing The alleged marijuana was weighed in at 6 grams and logged and '
    ed as evidence and placed in secondary evidence locker #12. When checked through dispatch .l. Kolberg showed to have a
    #10507 from Emory S.O. Rains County. Comal County S.O. advised dispatch
    fagg
    confirmed warrant for Terroristic 'l``hreat-State Offenses
    09/06/200717:05 Page 2 Of 3
    that they would not take J. Kolberg since he had warrants on a state offense from Emory S.O. l. Kolberg was later transported and
    booked into Guadalupe County Jail for Poss§_ssion of l\/larijuana 0 to 2 oz and warrant #10507 for Terroristic Threats. See re ate c``asc
    #200027099.
    lReporting Officer Sig'nature:
    Officer's Signature:
    Date:
    Supervisor's Signature:
    Date:
    09/06/200717:05 Page 3 Of 3
    li h\b\tl
    560 hilda/6 wool juriom
    THE STATE oF TEXAS
    VS.
    m
    JUDGE PRESIDING:
    HON. DWIGHT E. PESCHEL
    rs /-\' l»``l>'*l " "
    , , E><. t -
    NO. 01-1045-CR
    * t _ IN THE DISTRICT coURT oF
    ,<<>
    . GUADALoPE coUNTY, TExAs Q§h§;i/
    * ' ZSTH JUDICIAL DISTRICT
    NUNC PRO TUNC
    'JUDGNENT ON PLEA OF GUILTY OR NOLO CONTBNDERE
    WAIVER OF JURY TRIAL
    _____________-P-
    DATE oF JUDGMENT: FEBRUARY 13, 2002
    ATTORNEY . ATTORNEY
    FOR STATE: MINERVA TORRES FOR DEFENDANT: RICHARD LANGLOIS
    OFFENSE COUNT I, III, IV, V, VI PENAL CODE: SECTION 22.021
    CONVICTED OF:
    DEGREE;
    AGGRAVATED SEXUAL ASSAULT
    DATE OFFENSE
    COMMITTED: DECEMBER 26, 1999, APRIL
    FIRST
    30,2000, APRIL 30, 2000,
    MAY 20, 2000, MAY 30, 2000
    oFFENsE couNT 11 PENAL cooa= SEcTIoN 21.11
    CONVICTED OF:
    DEGREE: vsacoND
    INDECENCY WITH A CHILD b
    DATE OFFENSE
    COMMITTED: DECEMBER 26, 1999
    OFFENSE
    CONVICTED OF:
    COUNT VII,
    SEXUAL ASSAULT
    IX
    VIII, PENAL CODE: SECTION 22-02
    DATE OFFENSE
    COMMITTED: JANUARY 30, 2001, MARCH
    DEGREE: SECOND
    `` 30,2000, APRIL 20, 2001
    CHARGING ' PLEA
    INSTRUMENT: Indictment/XXXXXXXXXXX. GUILTY/XXXXXXXXXXXXXXX
    _ TERM oF PLEA
    BARGAIN tIN DETAIL):
    CAP TWENTY (20)YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF
    THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
    PLEA To ENHANCEMENT
    FXNDINGS ON
    pARAGRAPH (s) NoNE ENHANCEMENT= NONE
    FINDINGs'oN USE
    oF DEADLY weapon N/A
    nATE sENTENcE - TIME cREDITED: 308 daYS
    FEBRuARY 13, 2002 cosTS= 272.25
    IMPOSED
    PUNISHMENT AND
    PLACE OF CONFINEMENT:
    20 YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION
    OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
    DATE TG COMMENCE:
    TOTAL AMOUNT OF
    FEBRUARY 13, 2002
    WAIVED:
    RESTITUTION/REPARATION:
    CONCURRENT UNLESS OTHERWISE SPECTFIED.
    The Defendant having been indicted in the above entitled and numbered cause for the
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    felony offense shown above and this cause being this day called for trial, the above appeared
    in person and by counsel as named above, and both parties announced ready for trial. The
    Defendant, in person, in writing and in open court, waived his right to trial by jury,
    pleaded as indicted above to the charged contained in the indictment. Thereupon, the range
    of punishment for the offense was explained to the Defendant, and the Defendant was
    admonished by the Court of the consequences of the said plea; and it plainly_appearing to the
    Court that the Defendant was mentally competent and sane and that the Defendant is not
    _influenced in making said plea by any consideration of fear, or by any persuasion or delusive
    hope of pardon prompting his plea, and that the plea is free and voluntary, the said plea was
    accepted by the Court and is here entered of record upon the minutes. The Court, having heard
    the evidence submitted, and the argument of the counsel thereon, found the Defendant guilty
    of the offense indicated above, a felony, and assessed the punishment at confinement in the
    Institutional Division of the Texas Department of Criminal Justice for the period indicated
    above. ' '
    It is THERBFORB CONSIDERED, ORDERED,.and ADJUDGHD by the Court that the Defendant is
    guilty of the offense indicated above, a felony, and that the said Defendant committed the
    said offense on the date indicated above, and that he be punished by confinement in the
    Institutional Division of the Texas Department of Criminal Justice for the period indicated
    above, and that the State of Texas do have and recover of the Defendant all costs of the
    prosecution, for which execution will issue.
    THEREUPON, on the date of sentence indicated above, the Defendant was asked by the
    Court whether Defendant had anything to say why sentence should not be pronounced against
    Defendant and Defendant answered nothing in bar thereof, whereupon the Court proceeded in the
    presence of the said Defendant and Defendant's attorney to pronounce sentence against
    Defendant as follows:
    . It is ORDERED, ADJUDGED and DECREED by the Court that the Defendant, who has been
    adjudged to be guilty of the offense indicated above, a felony, is hereby sentenced to
    confinement in the Institutional-Division of the Texas Department of Criminal Justice for the
    period indicated above and be fined the sum indicated above that Defendant be delivered by
    the Sheriff of the above named County and State, or the authorized agent of the State of
    Texas; to the Director of_Institutional Division of the Texas Department of Criminal Justice
    of the State of Texas, and said Defendant shall be confined in the said Institutional
    Division of the Texas Department of Criminal Justice for the period indicated above in
    accordance with the provisions of the law governing the Institutional Division of the Texas
    Department of Criminal Justice.
    The Court also made the findings as indicated above concerning the allegations of prior
    felony convictions against Defendant to which Defendant has pleaded as indicated above.
    The Court also made the affirmative findings as indicated above concerning the use or
    exhibition of a deadly weapon during the commission of the offense indicated above or during
    the_immediate flight therefrom and whether the deadly weapon was a firearm.
    It is further ORDERED, ADJUDGED, and DECRRED that the said Defendant e credited on this\<
    ___
    sentence with the number of days as indicated above, on account of his confinement in jaiI"
    ”j;/
    si e his arrest and prior to r o e `` sentence.
    It is further ORDERED, ADJUDGBD and DBCREED, that as a condition of any parole that
    Defendant pay restitution and reparation to the victim (s) of Defendant's crime as indicated
    above.
    It is further ORDERRD, ADJUDGED and DECREED, that the punishment under the sentence
    herein imposed shall begin when the Judgment and Sentence in the above indicated cause
    against the Defendant shall have ceased to operate.
    And, the said Defendant is hereby remanded to jail until said Sheriff can obey the
    directions of this sentence. _
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    _uNIT copy T.D.c.J.
    '11$40952
    -INSTITUTIONAL DIVISIO N
    INMATE TIMESLIPS
    05/20/2015 106
    111~\@~
    KoLBERG,JoHN DAV1D TDc 01139631 s1n. 02935802 uNIT. sT
    HousING/BED. ' v4011 Boz_
    xPRJ-REL*DATE: 04 20 2021 MAx-ExP-DATE= ``04 20 2021
    xINMATE sTATus= 85 w MAx TERM: 20 00 00
    FLAT TIME cREDITED: 15 10 29 cALc BEGIN DATE= 04 20 2001
    soon TIME cREDITED: 12 02 091 .Tnc REcEIvE DATE: 01 10 2003
    BoNus TIME cREDITED: 0 00 00 soon TIME LosT: 0
    woRK TIME cREDITED= 6 11 13 woRK TIME LosT: 0
    xToTAL TIME cREDITED: 33 00 21
    xSTATus EFFECT DATE= 05 16 2015 JAIL soon TIME REcEIvED: YEs
    DEC: QCC:
    STAT CHG: 83/03 16 2015
    *TIME CALCULATIONS DO NOT INCLUDE ABSENCES FOR CURRENT MONTH
    PARULE UA|A SUBMIT |ED FUR BUARD REVIEW
    CHANGE TO: STATUS/
    

Document Info

Docket Number: WR-52,553-06

Filed Date: 5/22/2015

Precedential Status: Precedential

Modified Date: 9/29/2016