Marijuana case resolved with plea deal

 


Published/Last Modified on Wednesday, October 4, 2006 10:10 AM MDT

Katharhynn Heidelberg

Daily Press News Editor

MONTROSE — Michael T. Collin’s controversial marijuana case drew to a close Tuesday with his guilty plea to drug offenses and the dismissal, with prejudice, of a witness intimidation charge.

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Collin was arrested March 24, after the drug task force found marijuana in his residence. He was charged with cultivation and possession with intent to distribute.

Defense attorney Robert Corry Jr. argued at subsequent court hearings to ban further news coverage, and also said his client was legally distributing medical marijuana. In August, he contended a violation of discovery (evidence) rules and argued for dismissal on the pot charges.

What he got was more time. Tuesday’s hearing was originally set to address Corry’s motions to suppress, exclude late discovery and to exclude certain statements made in connection with the case.

Instead, Collin tendered a guilty plea to cultivation of marijuana, with an agreement to a two-year deferred sentence. Collin also pleaded guilty to possessing 1 to 8 ounces of marijuana as a class-1 misdemeanor. Sentencing conditions are open, but if jail is ordered, it’s limited to 30 days, with work release.

“We feel this is an appropriate compromise that will allow the court and the district attorney and Mr. Collin to conserve their respective resources and turn to other matters,” Corry said of the plea deal after court.

Collin had also been charged with intimidating a witness after authorities alleged he contacted her in defiance of a court order — something he consistently denied.

Chief Deputy District Attorney Myrl Serra dismissed that case with prejudice Tuesday. Dismissal with prejudice means the case cannot be refiled.

“We thought that case was fairly weak anyway,” Corry said. “We’re happy about that, that we don’t have to try it or put the alleged victim through a trial.”

Collin also expressed approval of the decision to dismiss that case. Serra did not have a comment on any of Tuesday’s proceedings.

Formal sentencing is at 1:30 p.m. Nov. 28.

The Collin investigation also led to the arrest of Benman Szeto March 31. His case is ongoing in district court, where he will next appear at 3 p.m. Oct. 16.
 

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