WOODLAND, Calif. — A Yolo County Superior Court judge declined Thursday to reduce a felony drug possession charge to a misdemeanor, rejecting defense arguments that repeated felony filings for small quantities of drugs fail to address the accused’s underlying medical needs and lack of housing.
Judge Paul K. Richardson denied Deputy Public Defender Martha Sequeira’s request, despite her contention that the case reflects a broader pattern of prosecuting unhoused individuals with minimal drug quantities rather than connecting them to treatment and support.
The accused, who remains in custody, is charged with felony possession of a controlled substance along with a related misdemeanor count of possession of drug paraphernalia.
In addition to the current charges, the accused has two prior convictions for possession of hard drugs. According to Sequeira, the amount of illegal substances involved in those arrests was approximately 1 gram or less.
Sequeira asked the court to reduce the felony charge to a misdemeanor, emphasizing that each of the accused’s prior drug arrests involved very small quantities of methamphetamine.
Sequeira argued that the Legislature’s use of felony classifications in possession cases was not intended to support repeated felony prosecutions of an unhoused individual repeatedly found with minimal amounts of drugs.
Sequeira noted that in another case involving a different accused individual, a similar request for charge reduction had been denied, which she said illustrates a pattern of rigid charging decisions. She urged the court to consider whether continuing to file felony cases against this individual serves either the accused or the broader community.
Judge Richardson then asked whether the accused had taken any initiative to participate in treatment or diversion programs. Sequeira responded that the accused suffers from severe sciatica, among other medical issues, making it difficult for him to complete basic tasks such as walking into the courthouse for hearings.
Sequeira explained that while the accused is open to treatment, the lack of stable housing and medical insurance makes participation in diversion or treatment programs unrealistic at this time.
She said that if the accused were provided with stable housing and medical coverage, he would “100 percent” enroll in a diversion program. Because no services are currently available to meet those needs, she argued that the next best option is to move the accused toward rehabilitation in order to break the cycle of repeated felony charges.
Sequeira also said a felony conviction is unnecessarily harsh and requested that, as the case moves closer to trial, a judge review whether maintaining the felony charge is truly in the community’s interest.
Instead of imposing severe charges, Sequeira suggested that a misdemeanor disposition could allow the accused to spend time in county jail custody, where he could receive medical treatment and other support to improve his health.
Deputy District Attorney Aloysius Patchen opposed any reduction, arguing that the accused is legally eligible for treatment and has an extensive history of drug use. Patchen characterized the case as repetitive and said lowering the charge would have no meaningful impact.
In response, Sequeira said the accused would have no issue waiving his right to a preliminary hearing, a step she said would move the case forward while demonstrating cooperation with the court.
After hearing arguments from both sides, Judge Richardson accepted the accused’s waiver of a preliminary hearing.
The case is scheduled to return to court for arraignment on Feb. 18, when all of the accused’s pending cases will be addressed together.
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