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Man gets suspended jail terms for theft conviction
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Posted on Dec 21 2004
The Superior Court imposed suspended one-year prison terms on a man who pleaded guilty to three counts of theft.
James T. San Nicolas will practically serve no more jail time, after Associate Judge David Wiseman left out only 13 days from suspension, which the defendant had already served. The judge said the prison terms would run concurrently.
The judge, however, directed San Nicolas to pay Pacific Trading Co. restitution in the amount of $2,419.75. The judge set the monthly payment at a minimum of $65, which would begin on or before Feb. 15, 2005.
The judge also directed San Nicolas to stay away from the vicinity of Pacific Trading’s business offices and warehouse, and tasked the defendant to write a letter of apology to the company.
San Nicolas pleaded guilty to the theft charges in a plea agreement he entered with the Attorney General’s Office.
“The court has reluctantly accepted this plea agreement due to a short jail sentence, which the court, in most cases, finds that, standing alone, is inadequate to activate the deterrent factor. However, in this case, defendant is a young man and without any criminal record,” Wiseman said.
He also said the victim, Pacific Trading, agreed with the disposition in the plea agreement, as it wanted to get reimbursed for lost money as soon as possible.
“However, the parties are placed on notice that in the future, where there is a plea agreement for a major crime that needs to be deterred in this community, and there is a short jail sentence, there should also be a condition that the defendant make one or more presentations to a school class addressing the evils of crime, etc. as one of his probation conditions,” the judge added.
