SACRAMENTO, Calif. – A Sacramento County Superior Court judge on Tuesday denied a motion to reduce a felony “wobbler” possession charge, rejecting defense arguments that the small quantity of drugs and the accused’s personal circumstances warranted misdemeanor treatment.
In a preliminary hearing, the accused faced counts of possession of methamphetamine and heroin, as well as petty theft. Deputy District Attorney Sohrab Haze called the primary responding officer to the stand for testimony.
The officer testified that he responded to a gas station around midnight, where an employee pointed him toward the accused. The accused matched the description given by dispatch, and the officer caught up with and detained the accused shortly after.
Further testimony from the officer stated the accused was calm and cooperative, agreeing to answer questions, allowing a search of his person, and admitting to possession of the controlled substances found on him.
A secondary officer was subsequently called to the stand, testifying that both bags were tested and found to be positive for methamphetamine and heroin, respectively. The officer stated the bag of methamphetamine weighed approximately 0.99 grams, and the heroin weighed about 0.5 grams. The officer was unable to give a definitive answer on whether the amount was sufficient to use.
The second officer also brought the alleged stolen items seized from the accused to the clerk, stating they were estimated to be worth $40.
Cross-examination by Deputy Public Defender Todd Ratshin also revealed that the second officer, who received a copy of the crime lab report, did not know the amounts of each substance contained in the approximately 1.5 grams of contraband.
Following questioning, Deputy Public Defender Ratshin objected to the “usable amount” aspect of HS 11350, possession of a controlled substance, arguing that the officer’s lack of knowledge of the substance’s true composition posed serious doubts about its usability.
Deputy Public Defender Ratshin moved forward with a motion to reduce the “wobbler” possession charge to a misdemeanor. He cited numerous reasons: both substances were extremely small amounts (less than a gram each), the accused was cooperative, consented to a search, and admitted to the drugs in his possession.
Although the accused has felony convictions, Ratshin noted very little violent conduct, as well as no prior strikes.
According to Ratshin, the accused works for a construction company, has two teenage children, is currently in college and graduated from high school.
He also lives with and helps care for his mother.
When asked for the people’s position, Deputy District Attorney Haze argued that the law requires prosecutors to hold individuals accountable for theft and drug charges.
He also cited multiple previous arrests dating back more than a decade, many of which involved drugs.
Judge Raoul Thorborne addressed the matter, stating he “understands the argument that it was a tiny amount [of substances] seized in this case.”
He also emphasized that deciding a motion to reduce a charge requires consideration of the totality of the circumstances, including the accused’s criminal record and obligations to the community.
In this case, Judge Thorborne stated it was not deserving of reduction.
“In isolation, [the ‘wobbler’] is a misdemeanor,” Judge Thorborne said, but given the accused’s history, “the 17(b) [motion] is denied.”
Deputy Public Defender Ratshin asked for a continuance to allow the accused to seek mental health diversion.
The mental health diversion hearing is set for June 25, when a judge will determine eligibility for treatment for the felony charge.
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Categories: Breaking News Court Watch Court Watch Northern California Court Watch Sacramento Region Vanguard Court Watch Tags: Court Watch Criminal Justice Drug Possession felony wobbler Mental Health Diversion Sacramento County Superior Court