WOODLAND, CA – The judge in a sentencing Thursday here in Yolo County Superior Court amended language in the plea agreement presented by the deputy district attorney that could have prevented the accused from accessing the treatment or help she needed.
The accused had signed a plea agreement at a prior court date, after being charged with conspiracy to commit attempted grand theft, burglary and grand theft, with sentencing set on Thursday.
Before the sentencing, Deputy Public Defender Courtney Leavitt took issue with term 14 of the plea agreement, which she quoted as saying the accused could not “associate with people known to use illegal drugs or narcotics.”
According to DPD Leavitt, the language used in this term was vague, and could interfere with the accused’s ability to access treatment programs. DPD Leavitt specifically referred to the word “associate” when making this claim.
Deputy District Attorney Stephanie Allen responded the accused would not be penalized for being in the same room as someone using illegal substances. In DDA Allen’s words, to associate with people known to use illegal drugs or narcotics “requires some level of knowledge.”
DDA Allen also noted the accused’s history with illegal substances, stating the accused should not be around any such substances. DDA Allen argued for the term to remain included in the agreement with no changes.
When asked for her response, DPD Leavitt maintained the language used was unclear, since it would apply to any people the accused would meet at Narcotics Anonymous meetings or drug treatment programs.
According to DPD Leavitt, the people in these meetings or programs are people the accused would be “associating” with. Thus, the accused would be unable to be part of any such programs where she could possibly interact with people that use illegal substances.
DPD Leavitt asked for this term in the plea agreement to either be clarified or removed altogether, given there were other terms restricting the accused from accessing illegal substances.
Judge David Rosenberg said DPD Leavitt brought up a legitimate point that Narcotics Anonymous/Alcoholics Anonymous meetings or treatment programs would be inaccessible given the language in the agreement.
Electing to keep the term in the plea agreement, Judge Rosenberg instead added a caveat to this term, stating the accused could not “associate with people known to use illegal drugs or narcotics, except in treatment programs or NA/AA.”
Judge Rosenberg then upheld this amended plea agreement and sentenced the accused to serve split sentences of 182 days in custody or alternative custody, and 305 days in mandatory supervision, with the accused to be evaluated to determine the best treatment option.
