Anthony Magana was recently ordered to serve three years of probation with an underlying prison sentence after pleading no contest to eluding a police officer in a manner posing danger to persons or property, a category B felony in Nevada.
Magana was ordered to serve 12-48 months in prison on the charge, and the prison term was suspended with the opportunity to complete three years probation.
If he completes the terms of his probation he will not have to serve the prison sentence but will still carry the category B felony charge on his record.
The suspended sentence with probation was the sentence recommended by the Nevada Department of Parole and Probation in the case after completing a pre-sentence investigation report.
Humboldt County Alternate Public Defender Maureen McQuillan asked that her client (Magana) be allowed to complete the 18-month adult drug court program as a diversion program with the opportunity to withdraw the felony plea.
Magana had appeared at two prior hearings and admitted to using prohibited substances prior to those hearings, causing delays in the court procedures since he could not enter his plea while potentially being under the influence of any substance that may alter his ability to understand what he was doing in court.
McQuillan told the court that Magana has a limited criminal history and only misdemeanor charges on his record. She said that he was highly intoxicated during the incident for which he was being sentenced and engaged in a high-speed vehicle chase in the pouring rain.
McQuillan said Magana acknowledges that his actions endangered other people, including the passenger riding in his vehicle at the time of the incident.
“If you guys can give me a shot to do the diversion program it would mean the world to me, it would allow me to prove that I can do good,” said Magana. “I’m from here, born and raised and I made some mistakes recently but I know that I can make better choices and show a lot of people including myself that I can do good and make a difference.”
Sixth Judicial District Court Judge Michael Montero noted that Magana failed to complete a pre-sentence questionnaire that the Department of Parole and Probation use in their pre-sentence investigation report to help the court determine a sentence.
Montero also said that he doesn’t see how Magana would qualify for the diversion program based on reports submitted to the court and a completed substance use evaluation only indicating issues with alcohol and marijuana.
Montero ordered Magana to serve 12-48 months in prison with 23 days for credit time served and suspended the sentence to allow him to complete 36 months of probation.
The probation terms include no alcohol, marijuana, hallucinogens, over the counter medications, bars, liquor stores, casinos, smoke shops, vape shops dispensaries, etc.
Magana was ordered to complete the Humboldt County Drug Court Program and will be accountable for maintaining full-time employment and digital media storage monitoring while on probation.
In a separate Sixth Judicial District Court hearing, Tyanne Renee Jefferson was honorably discharged from probation after successfully completing the Humboldt County Adult Drug Court Program and paying all of her court fines and fees.
In another court hearing, Pamela Victory was ordered to time served after pleading guilty to one count attempted assault with a deadly weapon, a category C felony.
Victory was also ordered to pay a $250 public defender fee, $150 DNA analysis fee, $25 administrative assessment fee and $3 DNA collection fee.
The incident in question for Victory involved a walking cane and a fake gun after family members called the cops on Victory saying she could be suicidal and asked for a welfare check and Victory said the family members were from out of state and wouldn’t leave her alone.
Both Victory, age 66, and her husband said the incident was a big misunderstanding and that she pleaded guilty because her health would not permit her to sit through a jury trial.
