Robert Stanley Davis, age 35, was recently given the opportunity to complete probation, drug court and pay restitution to later be able to withdraw his guilty plea for a category C felony theft charge.
Davis pleaded guilty to controlling the property of another with the intent to deprive the property of another with a value greater than $5,000.
The charge carries a 1-5 year potential prison sentence and a mandatory $10,000 maximum fine with probation eligible.
Humboldt County Public Defender Matthew Stermitz told the court that his client agreed to a plea negotiation in which he would pay restitution in full on the case and be able to come back and withdraw the felony plea.
“He (Davis) was on drugs and he stole, he’s quite candid about what the issue was and I don’t doubt for one minute his sincerity,” said Stermitz. “He’s not conning anybody. He has an addiction, he’s a decent guy and has always been employed.”
Deputy District Attorney Kevin Pasquale told the court that Davis’ criminal history includes only misdemeanor convictions which are substance abuse related, recommending probation with prohibition on substances.
Davis told the court he has already saved up almost half of the $6,400 restitution, that he has been working and has nine months clean. Davis apologized to the court and to the victim in the matter.
“I just want to be a better man,” said Davis. “My family is supportive, I’ve cut ties with anybody and everybody from my drug life.”
Sixth Judicial District Court Judge Michael Montero granted the diversion program with three years of probation and completion of the Humboldt County Drug Court as a condition of the probation, along with the prohibition of any alcohol or controlled substances.
Davis was ordered to pay a $25 administrative assessment fee, $3 DNA collection fee and $250 public defender fee.
