Lollipop, liquor thief sent to jail
March 8, 2013
A 20-year-old Manteca, Calif., man, convicted of stealing liquor, cigarettes and lollipops from a Stateline store in 2011, was ordered Monday to serve eight months in Douglas County Jail for failing to complete probation terms.
David Jeremy Baker admitted that he violated most of the terms of his suspended sentence after he and the codefendants pleaded guilty to conspiracy to commit burglary, a gross misdemeanor.
The trio admitted breaking into Dart Discount Liquor on Sept. 20, 2011. The defendants said they stole two bottles of alcohol, three cartons of cigarettes, two bottles of soda and lollipops.
Restitution for the stolen items was set at $315.
They also broke a plate glass door valued at $274.15.
They were ordered to complete 11 terms of probation including full-time school or employment in lieu of a one-year suspended jail sentence.
If they were not working or in school, the defendants had to perform 40 hours a week community service, and prove they submitted five job applications each.
Baker said he gave up the job search early.
“I did a little bit until I realized I couldn’t get a job,” he told District Judge Michael Gibbons on Monday. “I did do some of the community service here and there, but not 40 hours a week.”
He said he had been incarcerated in California for a year in an unrelated offense, and still faced charges in El Dorado County.
He admitted testing positive for opiates while in jail in California. He told Gibbons he took another inmate’s medicine.
Prosecutor Tom Gregory asked Gibbons to sentence Baker to six months in Douglas County Jail and give him a dishonorable discharge from probation.
“It does not look like this defendant is interested in completing the terms of his probation,” Gregory said.
Baker said he was frustrated because he didn’t get the kind of help from the judicial system in Nevada that he did in California.
“I didn’t get to talk to anybody,” he said. “In California, parole paid for everything. If I am doing more jail time, what’s it going to benefit me?”
Gibbons ordered Baker to serve eight months in Douglas County Jail and gave him credit for 73 days in custody.
He told Baker of the three defendants, only one had successfully completed his probation.
“The help was already attempted. The design of this sentence was to help you to avoid a felony,” GIbbons said. “This is intended to punish you.”