Man receives 30-month sentence in heroin sales
May 1, 2018
A South Lake Tahoe man was sentenced Monday to 12-30 months in prison for possession of heroin with intent to sell.
James Hernandez, 31, was brought in on a bench warrant after he failed to appear for testing as a part of his bail agreement.
Hernandez claimed he missed his scheduled testing due to being at work doing construction in Tahoe, and when he called alternative sentencing, they had already issued a warrant.
"I apologize for delaying the court process," Hernandez told the court. "I recognize I have a drug problem, and I would like to be put on a drug program to better myself."
Hernandez was originally arrested in Tahoe after being found with heroin along with paraphernalia for drug sales. He had been off probation for less than a year when he was taken into custody for the new offense.
Judge Tom Gregory awarded him 144 days in credit for time served. He was also ordered to pay $738 in fees and fines.
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His previous bail was exonerated back to his mother.
■ After spending nearly three months in custody for a DUI and domestic battery charge, Jessica Hawksley, 30, was granted diversion in a DUI program.
Hawksley was originally arrested Feb. 10 for driving under the influence on Highway 50 in Tahoe after a call came in regarding an incident of battery in her home.
"I will change the outcome of my future," Hawksley told the court.
The state did not oppose diversion, but thought it might not be enough, as there were underlying psychological issues beneath the alcohol.
Judge Gregory suspended her sentencing during diversion, as well as ordered Hawksley to attend counseling in a mental health program, as well as a program for alcohol abuse.
Hawksley could face a mandatory 1-6 year prison sentence if she does not complete diversion.