Ex-convict gets 1-year jail term for ‘ice’ possession and assault

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Posted on Sep 01 2011
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By Ferdie de la Torre
Reporter

An ex-convict pleaded guilty yesterday in Superior Court to “ice” possession and assault cases and was sentenced to a year in prison.

Benjamin Lee Rios, 41, pleaded guilty to a count of assault and battery and a count of illegal possession of a controlled substance as part of a plea deal. The remaining charge of assault with a dangerous weapon, disturbing the peace, and illegal possession of a controlled substance were dropped.

Rios sentenced to a year in prison for illegal possession of a controlled substance. He was also sentenced to a year in prison, all suspended except for three months, for assault and battery. Both terms shall run concurrently. This means the total jail time is one year for the two cases. Rios, however, was given credit for the 114 days he had already served in jail.

After completing the jail term, Rios will be placed on supervised probation.

Associate judge Kenneth L. Govendo also ordered Rios to pay a $2,000 fine, plus probation and court fees.

In consideration of the guilty plea and recognizing Rios’ acceptance of responsibility, the Office of the Attorney General did not seek to revoke his probation in a previous criminal case.

The agreement stated that on Sept. 16, 2009, Rios assaulted Francisco Muna Tydingco. On May 9, 2011, Rios unlawfully possessed crystal methamphetamine or “ice.” In January 2011, Rios was sentenced to 14 days in prison for stealing a Louis Vuitton bag from a car on Dec. 12, 2009.

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