Conasauga Judicial Circuit Judge Cindy Morris sentenced a 21-year-old defendant to 10 years — with the first 45 days to serve in confinement and the remainder on probation — after he entered a plea of guilty to possession of more than an ounce of marijuana with intent to distribute in Whitfield Superior Court on Friday, Dec. 15.
Defendant Victor Manuel Pineda was represented by public defender Carter Thomas in the proceedings. The State was represented by Conasauga Judicial Circuit Assistant District Attorney Mark Higgins.
Higgins told the court the maximum sentence for the offense is 10 years.
Probation representatives told the court that Pineda has a burglary charge out of Florida.
“My understanding in speaking with Mr. Pineda is that the sentence out of Florida was some sort of pretrial intervention,” Thomas told the court. “In reviewing the sentence and document … it appears that it is formally labeled as ‘an order without adjudication.’”
Higgins said he was unaware of that sentence at the time the State made the recommendation.
“I would not take the position that he should be given ‘first offender treatment,’” he said.
Under Georgia’s First Offender Act, individuals can petition a court to expunge convictions, pending they are able to complete a probation term without any further violations.
“I’m just concerned if he’s already been granted ‘first offender’ in Florida, I don’t know that the court would be inclined to do ‘first offender’ again,” Morris said.
Public defender Gregory Washington told the court Pineda wished to move forward with the plea without seeking “first offender treatment.”
Thomas noted that the Whitfield County offense is a felony — and could impact Pineda’s sentence in Florida.
“I can’t guarantee what will happen after that,” he said.
The sentence includes a $1,500 fine. Pineda is also ordered to complete 150 hours of community service and undergo an alcohol and substance abuse evaluation.
The defendant will receive credit for time served in pretrial detention. Per WCSO records, Pineda had been held at the local jail since Nov. 8.