Three defendants were given the opportunity to serve probation on suspended sentences for various charges by Judge Michael Montero in Sixth Judicial District Court last Tuesday.
Angel Hernandez Jr. was arrested on December 25, 2019, at the age of 30 on a warrant charge and a category E felony possession of methamphetamine charge.
He failed to appear for court hearings throughout the year, resulting in warrants and arrests before both his arraignment and sentencing hearings.
Hernandez pleaded guilty to the possession of a controlled substance felony which carries a maximum of five years in prison and a recently modified mandatory diversion sentence in the state of Nevada.
Hernandez explained his life story and desire to complete the Humboldt County Drug Court program to turn his life around and get help with his drug issues.
“I would like the drug court program because it actually changes lives for people who got the help and are continuing,” said Hernandez. “I always chose trouble over anything so when they let me out on presentencing it gave me a little room to mess up, call me a rebel if you want, but I’m a good man.”
Montero allowed Hernandez a chance at completing the drug court with a diversion program and probation for 18 months with the opportunity to withdraw his guilty plea to the felony if he successfully fulfills all of his probation requirements.
Hernandez was ordered to pay a $153 DNA collection and analysis fee, $25 administrative assessment fee, $60 forensic fee and $250 public defender fee with his drug court and probation which includes the requirement to stay away from controlled substances, alcohol, bars, liquor stores, etc.
“I take this as what I would consider to be one tough case for a diversion program – a young man that here at 30 years old has self-proclaimed been a rebel and a problem for his family and the law,” said Montero. “I don’t know how you’ve escaped it, but according to your criminal history you have no felony convictions but 18 misdemeanor convictions.”
Veronica Alcaraz, age 42, pleaded guilty to a gross misdemeanor conspiracy to obtain or possess a credit or debit card without the consent of the cardholder for an incident that occurred on February 25, 2020.
At her sentencing hearing, Humboldt County Public Defender Matthew Stermitz told the court that Alcaraz does not have a serious criminal history and asked for probation on behalf of his client.
Deputy District Attorney Richard Haas also recommended probation as outlined in the plea agreement.
Alcaraz was ordered to 364 days in jail with four days credit for time served with the sentence suspended and she was placed on 12 months of probation and ordered to pay a $153 DNA collection and analysis fee, $25 administrative assessment fee and $250 public defender fee.
Ramiro Garcia, age 19, pleaded guilty to the possession of a dangerous weapon (brass knuckles), a gross misdemeanor charge after being arrested on April 19, 2020, a charge with a potential maximum of 364 days in jail and up to a $2,000 fine.
Stermitz told the court that his client is a young man who does not have any serious convictions and recommended a term of probation on the charge.
Garcia declined to give a statement in his allowed allocution and was ordered to 364 days in jail with three days credit for time served and the jail time was suspended with the condition that he complete 12 months of probation and pay a $3 DNA collection fee, $25 administrative assessment fee and $250 public defender fee.
As part of the probation terms, Garcia was ordered to obtain a substance abuse evaluation and complete any program deemed necessary by the evaluation and abstain from alcohol, controlled substances, inhalants, chemicals, bars, liquor stores, casinos, etc.
