Request for new trial date in intrastate drug sale case denied
A judge on Wednesday denied a request for a new trial date from the attorney representing a man charged in connection to allegedly shipping marijuana and other narcotic products to buyers in other states.
Superior Court Judge Brandon Kinsey explained to attorney Michael Donovan, who represents Adrian Humberto Alvarez, that his trial calendar is extremely full, and if he were to set a new date for his client’s Aug. 21 trial, it wouldn’t be until early December.
He went on to tell Donovan that while he is opposed to doing so now, he could make the request again at his client’s next hearing, which is at 8:30 a.m. on Aug. 18, and he would reconsider the matter again.
Donovan had informed the court at the start of the hearing that while there were no issues with discovery, he was still waiting for lab results from the drugs seized in the case, and that it is also holding up his client’s decision on whether to accept a plea bargain that has been offered.
The prosecutor assigned to the case, however, said the state was ready to proceed with the trial as scheduled and by law scientific findings, which are what lab results are, can be received within seven days prior to the start of a trial. He added that the state intends to withdraw the plea offer if a new trial date is set.
After hearing from both counsel, Judge Kinsey gave the prosecution until Aug. 14 to provide the defense with the lab results. If they are not received by then, he added, he would be forced to reschedule the trial.
Since the state also agreed to extend the plea deadline until then, Judge Kinsey said Alvarez’s next hearing would also be a Donald Hearing.
In a Donald Hearing, the judge informs the defendant of the terms of the offer. Details of the exact sentence they will get, or the sentence range. Along with outlining the risks of not accepting the offer, this includes the minimum and maximum sentence they would receive if the deal is rejected and are ultimately found guilty.
Alvarez, who appeared out of custody, has been charged with two counts of transportation of marijuana for sale, one count of a narcotic drug for sale, possession of drug paraphernalia and one count of child endangerment.
According to the Yuma County Sheriff’s Office, the Yuma County Narcotics Task Force (YCNTF) served a search warrant in October at a residence in the 2000 block of South 7th Avenue in Yuma.
When YCNTF members searched the house, with assistance from YCSO K-9 Jax, they found approximately 12.32 pounds of marijuana, which had an estimated street value of more than $167,000, and 3.55 pounds of marijuana edibles, which was estimated at $32,168.
YCNTF members also recovered 28.8 grams of THC wax worth an estimated $1,440, as well as 46 grams of THC oil, worth an estimated $2,300, and additional drug paraphernalia items consistent with narcotic sales. A loaded shotgun was also discovered.
During the course of the investigation into the case, task force members learned that Alvarez, who was the suspect of the search warrant, had allegedly been shipping boxes of bulk marijuana and THC oils and waxes to other states throughout the country.