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Indybay Feature

Steve DeCaprio found guilty on 3 counts

by Mahtin
His sentencing hearing will be on Monday, May 16th at 9:00am, in the same courtroom as his trial (room 105).
Steve DeCaprio was found guilty on 3 counts under section 602.5 (unlawful entry into a residence), and not guilty on 3 counts of section 602.0. His sentencing hearing will be on Monday, May 16th at 9:00am, in the same courtroom as his trial (room 105). At that time he will also submit notice of appeal. He could be sentenced to as much as a year and a half in county jail.

Steve says that he had hoped that the jury would recognize flaws in the law. He thinks that the real political "action" will take place in the appellate court. He also says that he never denied entering the house- but the question is, what constitutes unlawful entry?

California Penal Codes 602.0 and 602.5 can be found at http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7971196932+6+0+0&WAISaction=retrieve
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Comments (Hide Comments)
by Steve
How about when it's not yours?
by Potassium
Everybody should come out for this sentencing to show support because what Steve's doing is really important, especially in a part of the country where rent is through the fucking roof. Even if you don't know him personally, this is your bay area, too. And cops fucking sucks.
by Steve
The seriously important issue here is the fact that is was NOT HIS HOUSE. Finito. Sorry to rattle your delusions, but you can't just enter a building and declare it yours. I know all about his ridiculous claim that it was abandoned, but obviously, it wasn't. There is an estate problem to be resolved.
by .
What about this entire nation. There were hundreds of indian nations occupying the land. English people and others came in and declared that it wasn't being used, and settled it. During the 'frontier', indians were killed, and the U.S. gov't gave 160 acres to anyone who would homestead or occupy a plot. Occupation of the plot was key.
To the person above - please look up the concept of squatter's rights. Almost every state has a definition of a length of time after land has been abandoned and not occupied that new people can come in and occupy it and claim it. Steve didn't just make this up.
by Steve
I don't have to look it up. The property did not belong to him. There is an appeal to an estate claim. End of story. Look it up yourself if it makes you happy. And knock off all that stolen Indian land crap. Who cares? It's 2005..please move on.
by Nestor Makhno
I hate to complain, but you need to put this piece together so it's intelligible to someone, like me, who is encountering it for the first time.

All the best, N.M.
by .
fifteen years is a long time. That isn't just a pending estate claim. My cousin born 15 years ago is almost ready to go to college. 15 yrs is a pretty significant percentage of the time since indians were recognized to hold title to Oakland, when the spaniards took it away.
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