A young woman who was originally arrested on drug trafficking charges will have the opportunity to avoid spending time in prison if she adheres strictly to Drug Court requirements. Those requirements include regular random drug and alcohol testing, self-help meetings, counseling and paying her court assessments, probation supervision, and drug court fees. The Drug Court team also works with participants to help them advance their education, obtain housing and employment.
Ashley Lynn Fragione and her public defender reached a plea agreement with the DA’s Office that reduced her charges from drug trafficking to sale of a controlled substance. The difference between a trafficking charge, which may be a category A felony and a charge of sale of a controlled substance, a category B felony, is tied to the amount of drugs the defendant had in possession.
Her public defender, Maureen McQuillan, asked the judge to consider allowing Fragione’s felony sentence to be diverted. If that had been granted, pending successful completion of Drug Court and probation she would have been allowed to return to court and withdraw her guilty plea to the felony.
Judge Michael Montero appeared to consider that request as he listened to Fragione’s very short statement in court. “I really hope for the drug court program, I think it would do me well,” Fragione said. That was the extent of her allocution before the judge.
Montero said that in both Fragione’s Pre-Sentence Investigation report and in the substance evaluation done by Brian Nelson, there was ample evidence that she could benefit from treatment. The judge referenced past and recent trauma as a further strong indication that she could also benefit from mental health counseling.
The judge asked Fragione to address the question of whether she should be convicted of a felony or have her felony conviction diverted – providing she could successfully complete Drug Court and probation.
“I would like the diversion but…” was all Fragione said.
Before announcing Fragione’s sentence, Montero said he had serious concern regarding her original drug trafficking charge as well as her amended charge of sale of a controlled substance. “I don’t want to minimize the crime for which you were arrested or the one to which you plead guilty,” Montero said. “You can understand that,” he added, addressing Fragione. She agreed that she could.
Fragione was denied sentencing diversion and pronounced guilty of sale of a controlled substance, a category B felony. She will owe a $25 administrative assessment, $60 forensic fee, $153 for DNA collection and analysis and a $250 public defender fee. She was sentenced to 19-48 months in prison. The sentence was suspended in favor of four years’ probation.
Probation requirements include successful completion of the minimum 18-month drug court program, no alcohol or marijuana in any form, no huffing, no controlled substances, or over the counter medications without a prescription from a physician and approval of the drug court team. She may not be present in any establishment where alcohol is a major profit center and may not enter a marijuana dispensary or any smoke or vape shop.
She will receive no good time credit or early release from probation unless all the fines and fees are paid in full. If not paid in full at the completion of her four-year term of probation, that probation could be extended an addition year.
