STOCKTON, Calif. — An accused man facing more than four years in prison asked a San Joaquin County Superior Court judge Tuesday to place him in a treatment program instead, telling the court he wanted help and warning that sending him back to prison would make him more likely to reoffend. Judge Chrishna Martinez rejected the request, saying the severity of the case required a period “away from society.”
The accused, currently held in custody, faces charges including felony driving under the influence causing great bodily injury and misdemeanor second-degree burglary. There are enhancements for prior convictions that are numerous or of increasing severity.
The accused appeared in court to accept a plea deal offered by the district attorney’s office. Martinez reviewed the terms of the plea agreement, which called for a four-year, four-month prison sentence in addition to fines, restitution and programming to get his driver’s license back.
Additionally, Martinez clarified that the accused would be pleading to a “violent strike” under California’s Three Strikes Law and that any future felony charges would result in twice the regular sentence or 25 years to life.
Before accepting the prison sentence, the accused made a statement in court asking Martinez to send him to a program instead. He stated that he wants to get help and would rather be placed in a program than prison.
He explained that when he returns from prison, he is most likely to commit a crime. He continued that the court is putting him in the position of reoffending by opting for prison over a treatment program.
Martinez disagreed that the court put him in that position and denied his request to enter a program instead of prison. She stated that there needs to be a period “away from society” and that she would not send him to a program.
The decision reflects the broader tension between incarceration and treatment for people whose criminal cases involve substance use.
A research paper by Virtanen et al. evaluating the effectiveness of substance abuse treatment instead of incarceration found that drug court “divert[ing] people with substance use disorders from incarceration into treatment” was a better alternative to imprisonment.
However, Martinez told the accused that he could attend a program on his own if he chose to rather than through a court order.
Afterward, the accused proceeded with the plea agreement and entered a plea of no contest.
Deputy District Attorney Ashley Geisler provided a factual basis for the plea. Geisler stated that the accused drove a vehicle under the influence of methamphetamine, was speeding and failed to stop at a red light, striking someone who had the green light in the intersection.
According to Geisler, the victim suffered serious injuries and had to undergo surgery.
Martinez found a factual basis for the case and found the accused guilty based on the no contest plea.
Sentencing is scheduled for Sept. 14 to allow time for a victim impact statement.
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