Prosecutors Desk 11-20-11

Tuesdays can be busy in Superior Court, because it is the day that the criminal docket is handled.  Some cases are continued to another day, (usually by agreement); in some cases the parties and the court determine the “status” of the case (in its progress to resolution); some cases have motions that are heard, and some cases are resolved by plea or dismissed.  In all, there are several different kinds of things that can happen when a case is listed on a docket. Generally in Superior Court are felony cases, but the court has jurisdiction to hear misdemeanors as well.  Some times there are misdemeanors that go along with felony cases.  For example, a DUI may also be in a case with a felony where the DUI stop formed the basis for the first contact with an officer and then a felony was discovered or occurred.

This past week there were several pleas that resolved some marijuana cases:

Jamie Gannon was initially charged with Manufacture of Marijuana.  She was acting as a care provider and the person for whom she was growing did not keep their authorization up to date.  The felony charge was reduced to a gross misdemeanor drug offense and she was given 120 hours of community service and probation.

Ricky Peterson pleaded guilty to the felony of Manufacture of Marijuana. Mr. Peterson had over 200 plants at his grow operation.  He told Judge Nielson during the sentencing that he was providing Marijuana to the dispensaries in Spokane but stopped after they were all raided by the Feds.  Judge Nielsen sentenced him to 12 months and 1 day.

Timothy MacDonald also pleaded guilty to Manufacture of Marijuana.  Law enforcement stumbled on his grow during a warrant sweep.  He had about 20 plants but no authorization from a physician or other authorized person.  His case was a bit unusual in that he entered the plea very shortly after being charged.  He was sentenced to a period of thirty days in jail.

These persons received different sentences because of differences in their cases, including their past record of convictions, the particular facts of the case, their willingness to accept responsibility and other facts.  Just like no two people are alike, no two cases are alike.

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