Following the adjournment of the defendant’s case, he was tested for any recent drug use and he tested positive for marijuana.
The court received a letter indicating that the defendant was diagnosed with several significant illnesses. The letter also set forth nine medications the defendant was taking at that time. MTC filed a report finding that the defendant was appropriate for acceptance into MTC. However, the report also stated that due to the defendant’s numerous medical problems, placement in a residential treatment program might not be possible. The report also indicated that the defendant tested positive for marijuana on November 24, 2003, November 28, 2003, and December 1, 2003. The case was adjourned for placement into a program.
On December 10, 2003, the court was informed that the defendant was not eligible for placement due to his inability to speak English. MTC also informed the court that on December 5, 2003, the defendant tested negative for any illegal drugs. The case was adjourned to December 17, 2003, and on that date, MTC reported to the court that the defendant was rejected from another program due to his medical history. It was also reported that the defendant tested negative for any illegal drug on December 12, 2003, and December 15, 2003.
On December 24, 2003, the court was informed that the defendant had been accepted into an out-patient drug treatment program. The defendant entered into a plea agreement which provided that, upon successful completion of MTC, the defendant’s case would be dismissed. The agreement also provided that if the defendant failed to successfully complete MTC, the defendant would be sentenced to one year in jail. The defendant was to begin on December 29, 2003. The court was also advised that the defendant tested negative for any illegal drugs on December 19, 2003.
On January 2, 2004, the court was informed that when the defendant was tested positive for cocaine. When the defendant was tested at the MTC office that afternoon, the test result was negative for cocaine. The defendant was tested and three tests were negative for any illegal drugs.
The defendant again tested positive for cocaine on January 20, 2004 and negative for cocaine when he was later tested at MTC. The defendant denied using cocaine. When the defendant appeared in court that day, he was warned that if he tested positive for any illegal substance again, he would be sentenced.
MTC provided the court with a Treatment Update report which included a progress form from El Rio that indicated that the defendant tested negative for any illegal drugs on six separate tests. MTC also informed the court that defendant tested positive for cocaine on February 18, 2004. The case was adjourned for the defendant to be sentenced. On March 10, 2004, the defendant was given the option of going back to residential treatment in lieu of being sentenced. The defendant chose to be sentenced and the defendant was sentenced to one year in jail.
To Be Cont….