Xavier Rafael Zendejas was recently ordered to spend 15–38 months in the Nevada Department of Corrections for possession of a controlled substance after admitting to multiple probation violations.
Zendejas originally admitted to the category E felony charge in July 2015 and was given the chance to complete at 36-month diversion program with probation.
Had he successfully completed the three-year diversion program, Zendejas would have avoided the felony conviction and sentence.
Zendejas admitted to four probation violations from a May 2016 violation report submitted by the Department of Probation, along with four in a supplement report from September 2018.
The first order of business by Sixth Judicial Judge Michael Montero following admitted violations by Zendejas was to rescind the diversion program and proceed to the sentence decision for the felony charge.
Zendejas’ attorney, Public Defender Matthew Stermitz said he didn’t have an acceptable explanation to attempt to put his client back on probation. The department of probation recommended a prison sentence of 12–32 months in their original sentence recommendation for Zendejas.
“I just feel that I’ve not been the best of my ability to the man I should be,” said Zendejas in his allocution statement. “I want to be there for my son who is now in the womb of my wife and I want to be the best I can and move forward with this and I’m willing to deal with it in any way possible to get home [Utah],”
Montero sentenced Zendejas to 15–38 months in prison with 160 days credit for time served. The court also ordered a $25 administrative assessment fee, $150 DNA collection and analysis fee and $150 public defender fee to be paid by Zendejas.
