Mitigation hearing granted in case involving drug sales
Sentencing for the man charged in connection to allegedly shipping marijuana, and other narcotic products to buyers, in other states was postponed on Wednesday in Yuma County Superior Court. The postponement came after his attorney was informed that a prison sentence would be imposed.
During what was to be Adrian Alvarez’s sentencing, Superior Court Judge Brandon Kinsey informed attorney Michael Donovan that it was the court’s intention to impose a presumptive prison sentence of 3 1/2 years on his client, with credit for any time served.
Upon hearing the court’s intentions, Donovan asked for a mitigation hearing. Donovan wanted to introduce evidence showing that his client had a clean record since his arrest to illustrate the work he has done, as well as other mitigating factors.
The prosecution, however, objected, arguing that the sentence is stipulated in the plea agreement that Alvarez entered in to. She added that it appears he was now trying to get out of it.
Kinsey granted Donovan’s request for a mitigation hearing and set it for 2 p.m. on Sept. 12. He warned that since the sentence had been agreed upon in the plea offer, not following, it would give the prosecution grounds to withdraw from it and the case would proceed to trial.
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.
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, task force members learned that Alvarez, 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.
James Gilbert can be reached at jgilbert@yumasun.com or 5396854. Find him on Facebook at www. Facebook.com/YSJamesGilbert or on Twitter @YSJamesGilbert.