People v. Nelson

Defendant James Nelson (Nelson) and one James Buels were jointly charged with two counts of possession for sale of a controlled substance, one count of transportation or offering to sell such a substance, and one count of conspiracy to sell such a substance. In the course of a plea bargain, Nelson pleaded guilty to one count of possession for sale of the substance, and one count of transportation or offering to sell such a substance. Upon announcement of the plea bargain, the court said it was inclined to impose a sentence of two years, and Nelson has conceded that he had “always known that this was the sentence which might be imposed.” And as a result of the plea bargain the remainder of the charged counts was dismissed.

At the time set for Nelson’s sentencing, his attorney pointed out that the codefendant Buels had been found guilty, and was granted probation conditioned upon a one-year term in the county jail. Although conceding that “Mr. Buels received very lenient treatment in the case,” he argued that Nelson should “be similarly treated.” The prosecutor objected, saying that Nelson’s case was in “a different posture than Buels’.” The court continued sentencing “to…