WINNEMUCCA - Judge Michael Montero presided over two each, arraignment and plea and sentencing hearings, that were fairly brief on his law and motion calendar on Monday.
Joseph David Badilla appeared with his attorney, James R. Forman, and entered a guilty plea agreement to being under the influence of a controlled substance, a Category E felony. Montero told Badilla that the potential penalty for the charge was one to four years in prison with mandatory probation.
After Badilla pled guilty, he told the court that he had smoked some marijuana, therefore the guilty plea. Deputy District Attorney Roger Whomes told the court that per negotiations, Badilla would be applying for drug court in Fallon. Montero set Badilla's sentencing for Feb. 27, 2012, at 11:45 a.m.
Richard Owings appeared in court with his attorney, public defender Matthew Stermitz, for arraignment and plea on the charge of uttering a forged instrument, a Category D felony.
Stermitz told the court that his client had entered a guilty plea agreement. Montero advised Owings that the potential penalty for the charge was one to four years prison, up to a $5,000 fine, the option of probation and that Owings could be ordered to pay restitution.
As for the factual basis of Owings' guilty plea, he told the court that he had received a check that was forged and took it to a bank to have it cashed.
Montero set Owings' sentencing for Feb. 27, 2012, at 2:30 p.m.
Andre Djurdjic appeared with his attorney, Stermitz, for sentencing. Djurdjic had previously entered a guilty plea agreement to the charge of possession of more than one ounce of marijuana.
Stermitz told the court that Djurdjic was a young man who had made a mistake and requested his client be assigned to a diversion program. Whomes agreed with Stermitz that Djurdjic should enter a diversion program.
Montero suspended proceedings and placed Djurdjic on 36 months probation and ordered him to obtain a substance abuse evaluation and complete treatment as recommended.
Robert Dale Gruber appeared with his attorney, Jack T. Bullock II, for sentencing on the charge of conspiracy to transport a controlled substance, a gross misdemeanor. Gruber told the court that he apologized for his actions.
Montero sentenced Gruber to 12 months in the Humboldt County Detention Center with four days credit for time served, suspended and placed him on 36 months probation to run concurrent with his probation in a Lyon County case.[[In-content Ad]]
