Parolee sentenced to 15 months in prison

By Jim Maniaci
Cibola County Bureau

GRANTS — A 46-year-old man will spend the next 15 months in state prison because he admitted violating his parole from sentences established for crimes in 2003 and 2004.

District Court Judge Camille Martinez-Olguin reimposed three consecutive 18-month sentences and gave Michael Berg credit for all his successful probation time and all his pre-sentence confinement "which will result in (the) defendant's release date at July 7, 2007," according to her judgment, sentence and commitment order filed in the 13th Judicial District Clerk's Office in Grants on Thursday.

Her order noted, "The defendant's underlying charges on which he is on probation are: burglary (commercial), a fourth degree felony offense ... breaking and entering, a fourth degree felony offense ... and aggravated assault (deadly weapon) ... "

The judge ordered that Berg also submit to a DNA test and pay the $100 fee for it, pay the standard $5 domestic violence education fee and serve a year of parole once he is released.

"It is a strong recommendation of the Court that the Defendant enter into and successfully complete Therapeutic Communities within the Department of Corrections. It is further recommended that the Defendant be paroled into Delancy Street," her directions concluded.

In other decisions, the judge:

• Sentenced Colleen Sanchez, 34, to a net of 21 days in jail for being guilty of 3rd-degree felony abandonment or abuse of a child without any great bodily harm and of first offense drunk driving on Aug. 18. Martinez-Olguin suspended the three years on the first charge on the condition Sanchez be placed into supervised probation for those three years. The 90-day sentence on the second conviction was reduced to 21 days by exempting 69 days, including credit for 39 days of pre-sentence confinement. Sanchez also was ordered to pay her probation costs, complete the women's prison's recovery program, have a drug-alcohol assessment, follow the assessment's recommendations, pay the standard $105 DNA and domestic violence education fees, plus $140 in laboratory and test fees and use an ignition interlock device while in a residential treatment program.
  
  
• Suspended a 3-year sentence and placed Martin Santiago, 40, on three years unsupervised probation, with credit for 611 pre-sentence confinement days, leaving 484 days to serve if probation is ever revoked. He is to pay the standard $105 to have the DNA test and domestic violence education fee. She convicted him on Feb. 17 for aggravated battery with a deadly weapon, but included, a charge from a criminal information filed by the District Attorney's Office.
  
  
• Sentenced Elmer Rodarte, age not listed, to never driving again and requiring him to install interlock devices on all vehicles to which he has access. She also suspended his 18-month sentence for a June 30, 2004, fourth offense drunk driving conviction including 316 days credit for wearing an ankle bracelet. He also has to pay $245 for fees and tests, under the drug-alcohol assessment and follow its recommendations, pay his probation costs and complete all programs assigned him by the Adult Probation-Parole Office.
  
  
• Suspended a sentence of one day less than 10 years for Jay Ashford Guthrie, 45, for 2nd-degree felony drug distribution and misdemeanor possession of drug paraphernalia on Aug. 20, 2005. She convicted him on March 17 through a plea-disposition agreement about violating his probation. For the first crime she sentenced him to nine years with 364 days for the second conviction. Martinez-Olguin then gave him credit for 84 days for pre-sentence confinement including 30 days successful probation, or a total of 114 days. She also ordered him to pay the standard $180 for the DNA and domestic violence fees, as well as the cost of his probation. He must stay in the county jail for up to 30 days while trying to be admitted into a treatment program of at least six months. He also must complete the Community Corrections program and any other programs recommended by the parole office. And he must perform 100 hours of community service.

In a decision filed March 14 in the clerk's office, Martinez-Olguin:

• Ordered Robert Salazar, 38, to pay $3,387 restitution from his bond and expanded his probation by five months and two days for absconding from Aug. 12 to Jan. 14. He also has to pay the standard $105 DNA and domestic violence education fee, plus perform 100 hours of community service. Salazar also is forbidden to hold a job where he has access to money. He must complete programs assigned by his parole officer.

— To contact reporter Jim Maniaci in Grants, telephone 285-6184 or (505) 870-7775 (cellular).