Joseph Isaac was recently given 60 months probation in Sixth Judicial District Court after pleading guilty to two felony counts of possessing or receiving stolen property.
Isaac’s legal representative Jenny Hubach asked for a continuance at the sentencing hearing, stating that she intended to file a diversion application on behalf of Isaac for a substance abuse problem with marijuana once she received the appropriate paperwork from her client.
“Our position was and has been that my client definitely has a substance abuse problem with marijuana, he was under the influence certainly at the time of the offenses of the case,” said Hubach. “I believe he is rehabilitative in that regard and he has no prior felony convictions.”
Judge Michael Montero denied the request for a further continuance of the case, proceeding with the sentencing hearing.
Deputy District Attorney Anthony Gordon asked the court to consider ordering Isaac to abstain from marijuana as a condition of probation and that the sentences for the two charges run concurrent, per the plea agreement. He also asked the court to order restitution to both the reported victims in the case.
Isaac previously pleaded guilty to the two felony charges and signed a plea agreement. In his statement to the court, Isaac said he had been under a lot of family stress during the time of the incident, which occurred in August 2017.
“I understand that I was not in the right of holding possession of anything I had that was stolen,” said Isaac. “It was a big mistake and it won’t happen again.”
The court sentenced Isaac to 19-48 months in prison for each of the two counts, with the sentences to run concurrently. He was given credit for 2 days time served. He was also ordered to pay (for each count) a $153 DNA collection and analysis fee and $25 administrative assessment fee.
Montero suspended the prison sentence and ordered Isaac to complete 60 months probation. Isaac was also ordered to pay restitution in the amount of $14,795 to one victim in the case.
As part of the probation requirements, Isaac was ordered to abstain from all controlled substances unless prescribed by a physician and approved by the department of parole and probation.
Montero explained that sufficient evidence had not been presented to order restitution be paid to the other victim in the case. It was reported that only a letter had been submitted by the other victim, claiming an excess of $7,000 for which there had been damaged or stolen items and that an itemized document would be submitted at a later date. An itemized document had not been received by the court at the time of sentencing.
“I don’t know what we miss with the whole concept of evidence in the courtroom, it just dissipates somewhere,” said Montero.
Montero asked if any victim was present in the courtroom to give a victim statement, with no response. No other evidence was present for the court to order restitution.
“Unfortunately for a victim, if they haven’t provided a sum certain then the court can’t provide an award,” said Montero. “There is no evidence for the other individual who appears to have suffered a loss.”
