WINNEMUCCA - Bobby Eric Garza appeared for sentencing on the charge conspiracy to commit larceny from a person not amounting to robbery, a gross misdemeanor, on Dec. 5. Judge Richard Wagner sentenced Garza to 12 months in the Humboldt County Detention Center with 148 days credit for time served.
Garza failed to appear for his sentencing set on Sept. 20 and a no bail failure to appear warrant was issued. Despite public defender Steve Cochran's request to the court that his client receive probation, Deputy District Attorney Roger Whomes argued that Garza breached his plea agreement by failing to appear. Wagner agreed and admonished Garza for not notifying his attorney or the court that he could not appear.
A competency hearing regarding Nerio Ceballos was heard in Judge Michael Montero's courtroom.
Ceballos was not present and is currently receiving treatment at Lake's Crossing Center for the Mentally Disordered Offender in Sparks. According to Whomes, Ceballos is not competent at this time to assist his attorney in his own defense. The matter was continued for six months with the expectation that with continued treatment, Ceballos would be considered competent.
Ceballos was arrested on Oct. 21, 2010, and charged with attempt kidnapping, two counts of assault with a deadly weapon and discharging a firearm into a motor vehicle.
Robert James Hoolahan appeared for sentencing before Montero. Hoolahan had previously entered a guilty plea agreement for the charge of possession of a controlled substance and was ordered to follow drug court protocol. Hoolahan had been found positive for opiates twice during his drug testing.
Montero stated that the pre-sentencing investigative report recommended a prison sentence of 12 to 34 months to be suspended and the defendant placed on 48 months probation. Cochran, counsel for Hoolahan, requested that his client be considered for inpatient substance abuse treatment and remain in drug court.
Whomes agreed that Hoolahan should continue to participate in drug court even though the defendant violated his plea agreement by using Vicodin.
Montero suspended sentencing proceedings and granted Hoolahan drug court and 36 months probation. Hoolahan was placed back in custody so that a substance abuse evaluation could be completed on him.
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