Hector Carrillo Jr. was recently granted a diversion program and 36-months of formal probation with the chance to avoid a felony conviction after pleading guilty to possession of a controlled substance, a category E felony.
He was convicted of a gross misdemeanor and given a suspended jail sentence on the condition he successfully complete probation and drug court.
Carrillo Jr., age 26, was arrested for possession of a controlled substance - methamphetamine on September 9, 2018, and subsequently escaped from his handcuffs after being arrested, creating an additional gross misdemeanor charge of escape by a prisoner.
Sixth Judicial District Court Judge Michael Montero said Carrillo Jr. has been participating in the Humboldt County Drug Court program as a condition of his release from custody, prior to the arraignment hearing.
At the sentencing hearing, Carrillo Jr.’s attorney told the court that a diversion application had been filed for Carrillo Jr. to participate in the drug court program and avoid the category E felony conviction.
Deputy District Attorney Anthony Gordon said he didn’t know whether diversion would be appropriate, given Carrillo Jr.’s three-page criminal history that includes 12 misdemeanor convictions and his background, which Gordon said included reckless driving and a reported use of controlled substances as early as 11 years old.
In Carrillo Jr.’s allocution statement to the court, he said he is ready for a change in lifestyle and wants to continue with programs to help with controlled substance issues.
“I’m just ready for a change and I’m tired of being up and down in my life and I’ve never felt this way or tried to go to AA classes and it’s working,” said Carrillo Jr. “I wish to continue and be a better person and I believe I’m at an age where I’m more mature about things and think about things.”
The court grated the diversion of the felony conviction to allow Carrillo Jr. to complete the 18-month drug court program, along with 36 months of probation. If successful, Carrillo Jr. will be able to withdraw his guilty plea and avoid a felony conviction.
Carrillo Jr. was convicted of the gross misdemeanor charge and sentenced to 364 days in jail with credit for 40 days time served. The court ordered he pay a $3 DNA collection fee, $25 administrative assessment fee, $60 forensic fee and $250 public defender fee.
The court suspended the jail sentence on the condition he successfully abide by the terms of his 36-month probation sentence.
