Johnny Paul Nance, 47, Westel, has a bit to think about between yesterday and next Monday.
Nance is scheduled to go on trial April 23 on a felony charge of possession of more than .5 grams of meth. As a Range 3 offender, Nance is facing a minimum sentence of 20 years in prison at 45% if convicted.
He is also charged with simple possession and two counts of possession of drug paraphernalia.
Monday Criminal Court Judge Wesley Bray held a brief hearing to make sure Nance understands the ramifications of any decision he makes. Monday was the negotiated plea and motion deadline.
Assistant District Attorney Philip Hatch presented Nance with a sentencing agreement that would require him to plead as a Range 3 offender, to a lower included offense with sentence to be served of three years.
With seven convictions on his record and the fact Nance was on parole when the charge set for trial was allegedly committed, the plea would move Nance up from persistent criminal status to career criminal.
Monday Judge Bray wanted to make sure Nance has knowledge and an understanding of the perils of either decision he makes.
“I have seen it so many times … a defendant is convicted by a jury and at the sentencing hearing says, ‘I should have taken the deal.’ I am not trying to bully you into anything … I just want to make sure you understand.”
Still, Nance was hesitant. Despite the case being on the docket for several months and a trial date set two weeks ago, Nance told Judge Bray he needed more time to decide and get his affairs in order.
Court-appointed defense attorney Jeff Vires helped Nance with that understanding by reviewing his two options — accept the agreement or go to trial.
Bray also appeared reluctant to extend the deadline for entering a plea agreement but in the end, extended the deadline to enter a plea for next Monday. If Nance declines to accept the plea agreement, jury selection will begin Tuesday.
The charge for which Nance is facing trial stems from a May 1, 2023, investigation and arrest by Cumberland County sheriff’s deputies.
Two of the lesser charges stem from a CCSO arrest by deputies on May 10, 2023.