Kelvin Littrell, age 22, was sent to prison on a category B felony burglary charge recently to serve 16 to 60 months in prison.
Littrell admitted to entering vehicles from September 20-21 in Humboldt County with the intent to commit grand larceny or petit larceny.
Littrell was originally arrested on September 21 and charged with auto burglary and misdemeanor resist obstruct.
The burglary charge for which Littrell admitted to has a potential prison sentence of one to ten years, a maximum $10,000 fine and the eligibility for probation.
The department of parole and probation recommended a prison sentence of 16 to 72 months.
Littrell’s attorney, Humboldt County Public Defender Matthew Stermitz told the court that his client “has a horrible monkey on his back,” referencing Litrell’s addiction to substances. Stermitz said that although Littrell’s history does include other offenses, there have been no crimes of violence.
Stermitz asked the court to place his client on probation and allow him to participate in the Humboldt County drug court program to help get his life back on track.
“The court and the community has time – he’s young, why not give it a shot at probation and drug court,” said Stermitz.
Humboldt County Deputy District Attorney Kevin Pasquale told the court that Littrell had previously been given other opportunities to participate in substance use treatment and “blew it.”
“Yes his crimes are drug related but I don’t think he really means it when he says he wants to be clean and sober,” said Pasquale. “I think he’s the partying type. I think that protecting our community comes first and we do that by following the recommendations in the (presentence investigation) report.”
Littrell also asked Sixth Judicial District Court Judge Michael Montero for the opportunity to participate in treatment.
“Addiction is a powerful thing and you know all too well that I’ve struggled with it for a long time,” said Littrell. “I know I’m a good member of society when I’m clean and sober and I’ve proven that to you before and I ask you for that opportunity again.”
Montero reviewed Littrell’s history, including a 2016 arrest, followed by the opportunity to participate in drug court, a probation violation arrest with new charges, probation reinstatement and then another violation arrest, leading to his diversion being rescinded and Littrell going to serve the prison sentence he was given multiple chances to avoid.
“Now we’re back here a couple of years later and a couple of other things have happened in the interim and you’re not asking for diversion but another opportunity at drug court,” said Montero.
Littrell was sentenced to 16 to 60 months in prison with 81 days for credit time served, along with a $3 dna collection fee, $25 administrative assessment fee and $250 public defender fee. Littrell was remanded to the sheriff to carry out the prison sentence.
“Mr Littrell I’m really struggling here – I know you have potential, I hope you can find it. I’ve deviated down in the sentence but this is a situation where not only have you plead guilty and found guilty of burglary, but this plea agreement contemplates not pursuing charges on a number of other matters,” said Montero. “I’m going to order that you carry out the sentence.”
