Tahoe man sent to prison
March 12, 2007
A South Lake Tahoe man who sold 86 grams of methamphetamine to an undercover informant was sentenced Monday to six years in Nevada State Prison.
District Judge Michael Gibbons told Oscar Huerta he must serve 12 months before he is eligible for parole. The defendant already has served eight months in El Dorado County and three months in Douglas County.
He pleaded guilty to trafficking in a controlled substance for the transaction which took place Oct. 11, 2005, in the parking lot at the Horizon Casino Resort.
Lawyer Tod Young said his client, while admitting the transaction, trafficked in drugs to support his own habit and not to make money.
“Oscar was not making money, he was not making a profit. He was being an addict,” Young said.
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“I know what I did was wrong. The reason was my habit,” he said.
Huerta faces deportation by Immigration and Customs Enforcement when he is released.
— A 47-year-old California man was sentenced Monday to eight years in Nevada State Prison for his second felony conviction of driving under the influence.
Armando Garcia Franco was arrested May 29, 2005, on Highway 395 near Johnson Lane. His blood-alcohol content was .25, more than three times the legal limit of .08 for driving in Nevada.
He had a prior felony conviction in Carson City in May 1998.
The Nevada Legislature in 2005 passed a law that any driver with a felony DUI conviction automatically received another felony with the next conviction for drunk driving, and the penalty was doubled.
District Judge Michael Gibbons told Franco he must serve two years before he is eligible for parole. He gave Franco credit for 273 days in custody in Douglas County Jail.
Prosecutor Tom Gregory said Franco has three prior felony convictions and five prior DUI convictions.
“This is an appropriate sentence,” Gregory said.
— A 21-year-old Indian Hills woman received a dishonorable discharge from probation Monday after she violated terms of her release by trafficking in methamphetamine in Carson City.
Kimberly Maddox, 22, was given five years probation in Carson City on the trafficking charge. She received probation in lieu of prison because she provided substantial assistance to law enforcement in the Carson City case.
Following her Sept. 11, 2006, arrest in Carson City on the trafficking charge, Maddox served 102 days in jail.
Maddox, who is expecting a baby in May, said she had been clean for two years.
Gibbons said he didn’t want to see her give birth in prison. But he warned her that she had a felony conviction in Douglas County and in Carson City.
She lost the opportunity to have the Douglas conviction reduced to a gross misdemeanor.
Maddox pleaded guilty in 2005 to attempted accessory to burglary for her part in the robbery of the Carson Country Market in Indian Hills.
— A 37-year-old Gardnerville man was sentenced Monday to 30 months in Nevada State Prison for felony driving under the influence.
District Judge Michael Gibbons had delayed sentencing Russell Gruber to allow the defendant to complete an in-patient treatment program.
“He has taken this offense very seriously,” said lawyer Derrick Lopez. “After he is released from prison, he intends to return to a transitional living program at New Frontier.”
Gruber told Gibbons his recovery was “life or death.”
“Twenty-six years of drinking is too long,” Gruber said. “I don’t want to die.”
Gibbons complimented Gruber on his efforts.
“I was reluctant to release you, but you’ve done everything you said and even more,” Gibbons said. “The opportunity given to you was put to good use. You earned the minimum sentence by your excellent behavior.”
Nevada law mandates prison for a third driving under the influence conviction within seven years. Gruber had prior convictions in February 2004 and February 2001.