BLACKFOOT – The following people were among 22 defendants scheduled to appear Monday before 7th District Judge Darren Simpson, most of them probation-related but four for sentencing and two for plea arraignment.
Harley Joan Delezene, 21, Pocatello, was given a prison sentence of two years fixed and three years indeterminate after pleading guilty to possession of methamphetamine in a plea bargain with the prosecution that dismissed one count of possession of heroin and a misdemeanor charge of possession of drug paraphernalia.
In accordance with the terms of the plea agreement and the state’s concurrence, the judge retained jurisdiction over Delezene for 365 days after which she could be placed on probation if the Department of Corrections recommends it. She was also fined $800, assessed $255.50 court costs, ordered to reimburse Bingham County $500 for her public defender and $200 for the cost of her prosecution.
Judge Simpson told Delezene she will be transported to a diagnostic unit of the DOC to determine what type of help she needs. “If you make progress, they will send a letter telling me to put you on probation, he said. “If not, they will say so, and I will relinquish jurisdiction”
Delezene’s public defender, Manuel Murdoch, had told the court she has seven to eight matters pending in Bannock County, but has applied for admittance to drug court there, and asked that the judge not follow the recommendation of the pre-sentence investigator, which was for a rider and not probation. “She wants to get her life back together,” he said. “She recognizes the effect her drug use has on the people she loves.”
Simpson said if Delezene is admitted to specialty court in Bannock County, she can file a motion for reconsideration and he will reconsider her case, but she has a severe drug addiction problem and according to the PSI report, is at moderate risk to re-offend. “Your addiction dictates what you do,” he told her, “but you make that decision.”
Joseph P. Somma, 41, Idaho Falls, appeared for sentencing on a charge of possession of methamphetamine. On the motion of his public defender Manuel Murdoch, sentencing was continued to Nov. 18 when he will complete treatment for the post-traumatic stress disorder that led to his drug abuse.
Amanda A. Garcia, 41, Pocatello, failed to appear to enter a plea to felony eluding police officers and misdemeanor driving under the influence of alcohol or drugs. Her own recognizance release to pretrial services was revoked and a warrant was issued for her arrest with bail of $25,000.
Tracy Lynn Nash, 57, Pocatello, was sentenced to prison for four years fixed and three years indeterminate for possession of methamphetamine, a charge to which she pleaded guilty in a plea bargain with the state that dismissed charges of introducing contraband into the jail and being a persistent violator, which can result in an increased sentence.
Judge Simpson suspended imposition of the sentence and placed Nash on probation for five years. She was ordered to pay a total of $2,185.50 in fines, costs and fees, and perform 1,800 hours of community service.
Before being sentenced, Nash told the court she has a stable home and is caring for her parents, a steady job, wants to get addiction treatment and wants to reunite with her children. “I don’t want to go to prison,” she said.
“Nobody wants to go to prison,” Simpson responded. “We don’t put people on probation just because they want to spend time with their family.” At one point he told Nash, “You’re a third-time felon. What are you going to learn in treatment that you haven’t already learned? You’ve been in rehab three times and drug court. You’re fifty-seven years old. Why are you messing with that stuff?”
Glenda Dixey, 50, Fort Hall, received a withheld judgment and five years on probation for driving under the influence of alcohol or drugs. Her public defender Jeffrey Kunz told the court she has completed treatment for alcoholism at Friendship House in California, has a job and is reuniting with her children. Deputy Prosecutor Jason Chandler said the state doesn’t oppose a withheld judgment. She was assessed a total of $1,390.50 in fees and costs, ordered to perform 100 hours of community service, must complete job training and could serve up to 180 days in jail at the discretion of her probation officer.
Judge Simpson told Dixey a withheld judgment means the charge against her will be dismissed if she successfully completes all the terms of her probation.
Andrew Thomas Reed, 35, Blackfoot, pleaded innocent to attempted strangulation. His jury trial was scheduled for Oct. 22 and a pretrial conference for Oct. 4. He was continued free on bond.
Sentencing of Jacobo Caballero-Cervantes, 23, Rigby, for driving under the influence of alcohol or drugs was continued to Sept. 30 to give him time to apply for specialty court. He was continued free on bond.