On Monday, Nov. 19, Rodney Merle Ludington, traveled from Boise, Idaho, to Pershing County’s 11th Judicial Court. John Edward Oakes represented him. Ludington pleaded no-contest to battery with substantial bodily harm. Judge Jim Shirley sentenced Ludington to 364 days in jail, suspended, with probation not to exceed three years. He’ll serve his sentence in Boise under the interstate compact.
Miguel Angel Rodriguez appeared for a sentencing hearing. He previously pleaded guilty to possessing a dangerous weapon.
“I was in a dark spot for about a year,” Rodriguez told Judge Shirley. “But I’m out of it now. I’ve got a job, goals and I’m moving on with life.”
The judge placed Rodriguez on informal probation for one year and imposed a $1,000 fine plus court fees. He set a review hearing for Oct. 2019.
Travis Clayton Nichols came to court for a review hearing. At his arraignment on March 5, 2018, Nichols pleaded guilty to possession of a stolen vehicle and possession of a controlled substance. Judge Shirley granted probation.
On May 7, 2018, Nichols came to court from jail and admitted to probation violations. Judge Shirley remanded him to custody and ordered him to seek residential treatment. Nichols waited two months for a bed to become available.
On Monday Kyle Swanson reported on his client’s progress. “Mr. Nichols went directly from jail to New Frontier,” said the Winnemucca defense attorney. “He completed their program and transferred to Idaho House in Silver Springs, NV.”
The court reinstated Nichols’s probation.
Yuri Vasilievich Litvinchuk, 27, came to court from jail. The court arraigned him on charges of possession of a controlled substance and possession of a stolen credit card.
“I had heroin in my possession and got pulled over,” Litvinchuk told the judge. “I also had a credit card that wasn’t mine.”
Judge Shirley set the matter for sentencing on Feb. 4, 2019, and remanded Litvinchuk to custody.
Litvinchuk faces one to four years in prison and fines of up to $5,000 (or a combination of both) for each felony. The court may grant probation at the judge’s discretion.
Child care issues kept Jesus Alejandro Fernandez away from his sentencing hearing on Monday. He faces trafficking charges. The judge continued the hearing until Dec. 3, 2018.
Donovan Leroy Campbell appeared in the 11th Judicial Court for a sentencing and eligibility hearing. At his Oct. 2018 arraignment, he pleaded guilty to the unlawful use of methamphetamine.
Judge Jim Shirley granted the defendant probation for a period not to exceed three years. He must enroll in and complete the Pershing County Drug Court Program.
Cochran remarked on the collaborative nature of the case. “Mr. Campbell thanks the State and his family for helping him get to a better place in life,” said the DA.
Douglas Charles Anderson came to court from jail for a continued sentencing hearing. However, he filed a motion to withdraw his guilty plea for the possession of heroin.
“My client contends that when he entered his guilty plea, he was under the influence of methamphetamine,” said Steve Cochran. “He believes that due to the intoxicating effects of that drug, the plea was not competently entered.”
Judge Shirley informed Anderson of some possible consequences of his motion. If Anderson testified to intoxication at the time he entered the guilty plea, he could face perjury charges. The Category D felony is punishable by one to four years in prison.
After consultation with his lawyer, Anderson decided to withdraw that part of his motion.
However, he still wanted to withdraw the plea. He testified that the substance tested negative for heroin. If he had that knowledge sooner, he would not have pleaded guilty, he said. The defendant also had allegations of missing property which he said violated his due process rights.
The court set an evidentiary hearing for Dec. 17, 2018. Anderson may subpoena law enforcement officers with knowledge of the evidence. The judge sent him back to jail.
Joseph Allen Wilson, 29, came to court from jail for a probation revocation hearing. In 2010, Judge Richard Wagner granted Wilson probation for possession of a stolen vehicle. On Monday, Wilson admitted to several violations after his release from prison on other charges.
Judge Jim Shirley revoked Wilson’s probation and reinstated his sentence of 12-48 months in prison. He gave him 121 days credit for time served.
