Sentencing for Road Commission for Oakland County Board Chairman Rudy Lozano was adjourned March 8 when prosecutors requested he undergo a presentencing alcohol investigation.
Lozano is scheduled to appear again in 52-2 District Court on March 27 at 3 p.m. following an evaluation with the court’s probation department at 1:30 p.m the same day.
‘They have to go get an alcohol evaluation,? said Lapeer Assistant Prosector Matt Funke, whose office handled the case.
Lozano said he had an alcohol evaluation done prior to his appearance and provided it to the prosecution.
‘That was done by an outside agency, but there was no recommendation made about what he should be sentenced,? said Funke. ‘There were no guidelines to go by and we objected and requested a presentence investigation.?
Judge Kelley Kostin confirmed that legally an evaluation must be completed, but that a full presentence investigation was not required by law.
‘The prosecutors requested a full PSI (presentencing investigation) and the court has no objection if he (the prosecutor) wants to see it,? said Judge Kostin. ‘The court had no problem with the evaluation (Lozano completed) because it was prepared by someone who was extremely qualified.?
The proceedings scheduled for 9 a.m. got off to a late start shortly after 10 a.m. with neither Lozano nor his attorney Mark Lyon present. Lozano showed up at approximately 10:35 a.m. followed by his attorney shortly afterwards.
As Lozano arrived, Judge Kostin was in the process of issuing a bench warrant for his arrest. The warrant was thrown out when he arrived, she said.
After his arrival, Lozano apologized and told the judge he was ready to proceed without his attorney.
According to Lozano, he thought the appearance was rescheduled for 11 a.m. after his attorney faxed the prosecutor a request to push the time back.
‘He apologized profusely and it does sound like there may have been a mix up between his attorney and the court,? said Judge Kostin.
When asked, Funke said he was unaware of any such communication from Lozano or his lawyer to his office or the court.
The March 8 sentencing date was scheduled on Feb. 10 after Lozano plead to a lesser charge of driving his vehicle while impaired.