Subsequent felony DUI sends man to prison
A former Florida man was sentenced to up to seven years in prison on Monday in a non-injury collision that occurred at the top of Kingsbury Grade last year.
David Roberto Deaguilera, 33, will have to serve a minimum of 33 months and was given credit for 68 days time served.
Deaguilera argued that in Florida, he would have been credited for the time he was free on bail conditions toward his sentence, but neither prosecutor Matt Johnson nor Judge Tom Gregory agreed.
“There is no law in the state of Nevada that gives him credit for the time he was out of custody under bail conditions,” Johnson said.
Deaguilera argued that because he didn’t ask to be released on his own recognizance that he shouldn’t have to serve that time in prison.
He was arrested May 21, 2019, after he drifted out of his travel lane and caused a collision at Daggett Summit. Johnson said Deaguilera’s blood alcohol content was .106.
Deaguilerra was released on his own recognizance three days after the collision. He was re-arrested on May 18 after he drove himself to court after being ordered not to drive, and was driving away from court when he was stopped. He ran from the investigator and was later found and taken into custody.
He was originally arrested on a misdemeanor DUI, but the felony charge was filed after a background check revealed he’d been convicted of a felony DUI with injuries in 2005. Under Nevada law any subsequent DUI after a felony conviction for driving under the influence is punishable by up to 15 years in prison.
A prosecutor said his office will likely oppose a drug diversion for a Lake Tahoe woman who admitted to transporting methamphetamine.
Shelli Patrice Peyton, 58, faces up to six years in prison after she admitted the felony on Monday.
According to the charges, Peyton was transporting the drug along Highway 50 near the MontBleu Casino.
Attorney Matt Ence, who was appearing for attorney Maria Pence, said Peyton would be seeking a diversion to Western Nevada Regional Drug Court on the charge.
Prosecutor Patrick Ferguson said the state will definitely oppose any petition before a pre-sentence investigation is conducted. Peyton was ordered to return to court Sept. 14 for sentencing.
A $5,000 warrant was issued for a man who failed to appear at his sentencing on Monday.
Shenandoah Hobbs, 40, was arrested in the Gardnerville Ranchos on May 7 in a vehicle reported stolen at Lake Tahoe.
Ence said he’d had no contact from Hobbs since the June 8 arraignment. Hobbs was facing a suspended 364-day jail sentence for unlawful taking of a motor vehicle.
A Reno woman was told her suspended sentence for assault with a deadly weapon depended on her getting into a long-term treatment program.
Cora Quin Martinez, 21, was sentenced to 1-3 years in prison on June 1.
She held a knife to an Indian Hills man’s throat during a Jan. 26 argument, she admitted at her district court arraignment in March.
Ence said because of the violent nature of her offense, two long-term treatment programs would not accept her. Ence said Martinez thought she could find a treatment program if she was released from custody.
District Judge Tom Gregory said that he wasn’t going to resentence Martinez.
“The treatment program was material to your probation,” Gregory said. “If that can’t happen, then you are in violation of your probation and stand a chance of having it revoked and going to prison.”