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Old 06-17-2008, 07:37 PM
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Default Parker Sentencing Put Off For Probation Report

Memo Parker will have to wait another two weeks for sentencing while the Mendocino County Probation Department works out the details of his probation, after the department on Monday turned in a report indicating that Parker would not be a good candidate for probation. Last month, Parker pleaded no contest to one charge of conspiracy to commit acts injurious to the public health or morality after being arrested a second time for growing hundreds of marijuana plants in his two Ukiah homes.

The plea bargain carried, among other stipulations, the possibility of up to three years in prison, though at the time of the plea deal Mendocino County Superior Judge David Nelson said he did not expect to sentence Parker to more than one year imprisonment followed by probation.

During the Monday sentencing, Nelson said he had read the probation department's report and had some concerns. "Probation does not feel that Mr. Parker is a good candidate for probation based on the interview they had with him," Nelson said. Despite the report, Nelson said the sentencing hearing should be delayed two weeks while the probation department worked out the details of Parker's probation. "Given the proposed disposition, we will give Mr. Parker a chance with probation," Nelson said.

It was not clear what the standards of probation would be, but Nelson said it would likely include a search clause and bar Parker from growing medical marijuana as a care giver, but not from growing it for himself with proper documentation. Parker's plea brought an end to the possibility of another trial in a case that began in October of 2006 when officers raided his two Gardens Avenue homes. According to Ukiah Police Department reports, officers seized 190 mature marijuana plants growing in the backyards of both homes, as well as an additional 262 smaller "clone" plants and 170 pounds of processed marijuana.

Parker was arrested again in February of 2008 under similar circumstances.

During his first trial in which a hung jury voted 10 to 2 to convict, Parker never denied growing marijuana at the Gardens Avenue homes but said he was growing it for a collective in San Francisco which he says is sanctioned under state law. In addition to accepting the conspiracy charge, the plea also requires Parker to sell both of his Gardens Avenue homes and give the county $95,000 from the sale to pay back a lien.


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