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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

 

 

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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

MlNUTES RECORDED lN

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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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Guadalupe County for safekeeping until such time as you can be

transported to the lnstitutional Division to begin service of

your sentence.

_You will receive credit for any and all time
that you've been in custody either here or Guadalupe County for
these offenses or any jurisdiction and a detainer and hold had
been placed upon you by Guadalupe County for these offenses.

You have a right to appeal,_\You have a right_to
file a Motion for New Trial. Even though you have those
rights, those rights are very limited.

lt doesnlt appear there were any pretrial
motions heard prior'to trial? di

MR. thGLOIS: No, there were not.

THE COURT: So there's no grounds for appeal
there-.v live stayed within the range of the plea bargain, which
means you'd have to get my permission to appeal. I_wouldn't~`
grant it. And in the plea papers that you signed, you gave up
your right to file a Motion for New`Trial and right to appeal.
So with the exception of possibly jurisdictional issues and
maybe an 1107 Writ about the voluntariness of your plea, 1
don't think you've got any grounds to appeali

So do you have any guestions?

THE D.EFENDANT: No, I guess not.

fritz coURT: okay. Thani< you.

MS. TORRES: The victim's grandmother would like

 

 

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_uNIT copy T.D.c.J.
'11$40952

-INSTITUTIONAL DIVISIO N
INMATE TIMESLIPS

05/20/2015 106

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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/

