WINNEMUCCA - Judge Michael Montero presided over a very brief law and motion calendar on Monday.
Nicholas Alexander VanGeldren appeared with his attorney, public defender Matthew Stermitz, for VanGeldren's pre-trial conference. Stermitz told the court that he believed that his client had reached a resolution in his case with the district attorney's office but that more time was needed to negotiate a plea agreement. VanGeldren has been charged with assault with a deadly weapon and carrying a concealed weapon. Montero set a change of plea hearing for Dec. 5 at 10:30 a.m. and vacated VanGeldren's trial date of Dec. 14.
Sebastian Wallace appeared for arraignment on the charge of trafficking a controlled substance Level I. Wallace pled not guilty and requested a speedy trial. Montero scheduled Wallace's trial for Jan. 4 - 5, 2012, and a pre-trial conference on Dec. 12 at 10:30 a.m. Montero noted that Stermitz, counsel for Wallace, had filed a motion to suppress and motion for discovery in the case.
Ferdinandus L. Vaneeten appeared for sentencing on being under the influence of a controlled substance. Stermitz, counsel for Vaneeten, asked the court that his client's application for Veteran's Court be granted. Deputy District Attorney Roger Whomes agreed that it should be granted.
Montero asked Vaneeten if he wished to speak prior to his sentencing and Vaneeten said that he did. "I appreciate the D.A. working with Stermitz to work something out. I've made some wrong decisions with my PTSD. I appreciate the chance to get counseling," Vaneeten stated.
Montero told the defendant that proceedings were suspended for him to attend Veteran's Court and ordered him to 36 months probation. Montero further stated that with successful completion, Vaneeten could return to court to withdraw his guilty plea. Montero also advised Vaneeten that if he was unsuccessful, his sentence would be 12 to 34 months in prison.[[In-content Ad]]
