Paul Martin Musgrave, in custody, appeared for sentencing before Judge Thomas Stockard in the Tenth Judicial District Court in Fallon on Tuesday, March 26. Last November, Musgrave pleaded guilty to the Category B Felony of Possession of a Controlled Substance, High Level, for possessing 63 grams of methamphetamine.
Churchill County Public Defender Jacob Sommer informed the court that Musgrave has been in custody for 429 days and asked the court to consider probation with the condition that his client complete the Western Nevada Regional Drug Court program.
According to Sommer, his client recognizes that drugs are a big problem in his life, noting that Musgrave has been dealing since he was 16 years old. “The carrot and the stick, as it were, process of treatment has not been tried yet, and we would like to see that for him,” Sommer stated, who said his client has deep regrets for the behavior that brought him here.
Judge Stockard expressed concern about the quantity of drugs found in Musgrave’s possession, noting that 63 grams is not a personal use amount. Sommer stated that his client “was simply so deep in his addiction that he wasn't making good decisions” and that he is not going to put himself in that position ever again.
Addressing the court, Musgrave explained, “This is the longest I've been sober since I was 16 years old,” and when asked by the judge if he wanted an opportunity at Drug Court, Musgrave replied that he did.
Judge Stockard granted Musgrave 36 months probation on a suspended sentence of 72-180 months in prison. He was ordered to remain in custody. The following day, he could appear in Drug Court, where the presiding judge would decide if he would be released. He must also obtain a substance abuse evaluation and follow the recommendations.
Judge Stockard told Musgrave, “Not too long ago this would have been a life sentence case... Mr. Sommer has argued convincingly that you be given this opportunity. But you should understand that there is a very serious sentence on the other side of this if things go how they have in the past.”Credit was given for 429 days for time served.
Note: Judge Stockard was referring to recent legislative changes that have greatly reduced penalties in drug cases, increased the quantity of drugs needed to qualify for trafficking and high-level sales, and laws that favor probation in first-offense drug cases involving under 100 grams.
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