In another drug sentencing Monday in Lincoln County District Court, James Mitchell was ordered to spend a year in the penitentiary for possession of hydrocodone.Mitchell, 29, was arrested Jan. 30, about two months after his last stint in jail.
He was sentenced in May to the Work Ethic Camp in McCook, where served six months for attempted possession of meth with intent to deliver, and was released on parole in November.
Then he was picked up on the hydrocodone charge.
County Attorney Rebecca Harling said Mitchell still has to face the charge of parole violation. She is not sure what state prison officials plan to do about that.
Mitchell said he believed his parole would be reinstated.
Birch said it is a confusing sentencing situation, but the best thing to do was issue the one-year sentence and set it to be concurrent with whatever Mitchell’s parole officer decides to do about the violation. He credited Mitchell with 71 days served in the Lincoln County jail.
Mitchell has a long record of charges, with 12 Lincoln County arrests within three years, and a record that goes back to 2009.
Also, Joshua Murphy was convicted of attempted first-degree forgery and sentenced to 150 days in jail.
Murphy, 37, was arrested Jan. 2 after he tried to purchase a Little Caesar’s Pizza with a counterfeit $50 bill.
In exchanged for a guilty plea to the reduced charge, another charge of assault on a confined person case was dismissed.
Birch gave him credit for 59 days served.
Rodelio Castillo, 50, was convicted of violating parole and resentenced to 90 days in jail for driving under the influence of alcohol.
Castillo was placed on parole in January, but he failed to show up for an appointment with his parole officer.
“It says that basically you told them that you didn’t want to go on with probation,” Birch said.
Birch noted that it was Castillo’s second DUI. He said the 90-day sentence is the minimum, and also issued a $1,000 fine and revoked Castillo’s license for 18 months.
Castillo received credit for 43 days served and was told to report to jail on April 24.
Amy Corter, 44, was convicted of theft by deception and sentenced to 24 months’ probation.
Deputy County Attorney Kortnei Hoeft said Corter owes $5,024 to cover a bad check she wrote to Hershey State Bank.
Defense Attorney Bob Lindemeier said Corter would need time to pay.
Birch ordered her to pay $100 a month restitution until the total was paid.
Aaron Tuenge, 29, was sentenced to 36 months’ probation for possession of a stolen firearm.
Defense Attorney Russ Jones said his client is trying to get himself straightened out, and sought help with his addictions.
“He knows he can have a fruitful life if he works out his problems,” Jones said.
Birch complimented Tuenge for seeking help when he saw his recovery was stalling.
“I hope you continue to follow up,” he said.
In other court cases:
Daniel Endicott, 31, was sentenced to 24 months’ probation for possession of a controlled substance.
Devin Little, was convicted of attempted child abuse and sentenced to 24 months’ probation.
Johanna Thayer, 27, will be on probation for 24 months for possession of a controlled substance as well as domestic assault. Thayer has been arrested six times since September, mostly on charges related to drug use or assault.