WINNEMUCCA - The law and motion calendars for Judges Michael Montero and Richard Wagner proved to be rather extensive in regards to criminal cases on Monday.
In Montero's court, Lane Charlie Tom entered a guilty plea agreement to the charge of destruction of property, a gross misdemeanor. His sentencing was set for March 5, 2012, at 1:30 p.m.
Michael W. Roederer entered a guilty plea agreement to the charge of intimidating an officer, a gross misdemeanor. His sentencing was scheduled for March 5, 2012, at 11:45 a.m.
Trisha Dawn Floyd's case involving the charge under the influence of marijuana was remanded back to justice court.
Gilbert Arellano appeared for a status hearing regarding his stipulation to continue trial for the charge of domestic battery with two prior convictions in seven years. Arellano's trial was originally set to begin on Dec. 7, but the arresting officer was not available to testify. Arellano's trial was rescheduled to March 14, 2012, and a pre-trial conference on Feb. 27, 2012, at 1:45 p.m.
Michael Randy Chavers entered a guilty plea agreement to the charge of transporting a controlled substance, a Category B felony. Montero advised Chavers that the potential penalty for the charge was one to 20 years prison with up to a $20,000 fine and that probation was an option. Public defender Matthew Stermitz, counsel for Chavers, told the court that his client would be applying for a diversion program. Chavers' sentencing was set for March 5, 2012, at 2 p.m.
Joshua Cole Petersen appeared for sentencing on the charge of possession of a controlled substance. Stermitz, counsel for Petersen, stated that his client would be applying for a diversion program. Stermitz told the court that the pre-sentencing investigative report said it all; his client had an addiction problem and that drug court is what he needs.
Chief Deputy District Attorney Kevin Pasquale agreed with Stermitz and the PSI. Montero suspended proceedings and granted Petersen application to drug court. Montero also granted Petersen probation for a period of 36 months.
Sebastian Wallace appeared for a change of plea hearing and entered a guilty plea agreement for the charges of sale of a controlled substance and possession of a controlled substance for sale. Wallace had two cases in the district court, one which included the charge of trafficking a controlled substance. Pasquale told the court that the trafficking charge would be dismissed as there was an insufficient amount of substance to support the charge.
Montero advised Wallace that the potential penalty for count one was one to six years prison with up to a $20,000 fine and the count two penalty was one to four years prison with up to a $5,000 fine, both sentences having an option for probation.
Wallace told the court that he had sold methamphetamine to a confidential informant and that he had the drugs in his vehicle. Wallace's sentencing was set for Feb. 27, 2012, at 2:30 p.m.
Tommie Lee Jones appeared for arraignment on the charge of sexual assault on a child under 16. Montero advised Jones that the potential penalty for the charge was life with the possibility of parole after 25 years and in the case of having a previous conviction, the sentence would be life without the possibility of parole. Montero also advised Jones that if he were convicted he would be required to register as a sex offender and possible lifetime supervision.
Jones pled not guilty and exercised his right to a speedy trial. Montero set Jones' trial for Feb. 29, 2012, and his pre-trial conference for Feb. 10, 2012, at 11 a.m.
Karen Rose Smith entered a guilty plea agreement to the charge of conspiracy to possess a controlled substance, a gross misdemeanor. Montero advised Smith that the potential penalty was one year in the Humboldt County Detention Center with up to a $2,000 fine and that probation was an option. Her sentencing was set for March 5, 2012, at 2:30 p.m.
Rachael Ann Vaneeten entered a guilty plea agreement to the charge of conspiracy to commit child abuse/neglect/endangerment, a gross misdemeanor. Montero advised Vaneeten that the potential penalty for the charge was one year in the HCDC and a fine up to $2,000.
Vaneeten told the court that she was in possession of drug paraphernalia and that her two daughters were with her as the factual basis for her guilty plea. Montero set her sentencing for March 5, 2012, at 3 p.m.
John M. Farley, charged with DUI causing death, appeared with his attorney Sherburne Macfarlan for Farley's pre-trial conference. Macfarlan told the court that his client had declined a plea agreement offered by the state and that the intention was to move forward with a trial. MacFarlan said that the state had not received the victim's autopsy results or her medical records related to her hospitalization until her death. Montero scheduled a conference call for Jan. 6, 2012, in the matter.
Nicholas VanGeldren, charged with assault with a deadly weapon and carrying a concealed weapon, appeared for his second change of plea hearing. For the second time VanGeldren stalled on changing his plea. He also told Montero that he wished to fire his attorney, Stermitz, and that he was in contact with a private attorney to represent him in his case.
Montero told VanGeldren that he would have to appear for a status hearing on Jan. 9, 2012, at 4:15 p.m., at which time he needed to have counsel retained.
Erick Gustavo Pineda entered a guilty plea agreement to the charge of conspiracy to commit battery with substantial bodily harm, a gross misdemeanor. Montero advised Pineda that the potential penalty for the charge was one year in the HCDC and a fine up to $2,000 and that probation was an option. Montero also advised Pineda that he could be ordered to pay restitution.
Pineda told the court that he had hurt the victim by biting him as the factual basis for his guilty plea. Pasquale requested that Pineda's bail be reduced to $1,000, which Montero granted. Pineda's sentencing was set for March 5, 2012, at 3:30 p.m.
In Wagner's court, Melissa N. Berg entered a guilty plea agreement to the charge of conspiracy to use a controlled substance. Berg was to make an application to participate in drug court. Her sentencing was set for Feb. 27, 2012, at 10 a.m.
Manuel Ruiz-Rodriguez entered a guilty plea agreement to the charge of DUI with a prior felony conviction. His sentencing was set for May 7, 2012, at 10 a.m.
German Orlando Gonzalez pled not guilty to the charge of DUI with a prior felony conviction. His trial date was set for March 7, 2012, and a pre-trial conference for Feb. 22, 2012, at 10:15 a.m.
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