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An attorney for a Scottsburg man convicted of assaulting his neighbor argued this week that his client’s 1976 felony drug conviction in California should not be taken into account when he is sentenced.
Daniel Licon could be sentenced to an additional three or four months in prison if his previous conviction for possession of cocaine with intent to deliver is counted against him.
A Douglas County jury convicted Licon in July 2005 of second-degree assault and menacing. Licon’s neighbor, Edwin Jankauski, was struck in the face and in the chest by a walking stick wielded by Licon, following a series of disputes between the two.
Licon faces up to 70 months in prison. However, the presumptive sentence for a defendant without a previous criminal record is 34 to 36 months, under Oregon’s sentencing grid. Another three or four months of prison time could be added, if the California conviction is considered.
Roseburg attorney Charles Lee told Circuit Judge William Lasswell on Monday that Licon’s previous conviction should be ignored because Oregon does not have an equivalent charge to possession of drugs with intent to deliver. Oregon’s sentencing guidelines require a connection between so-called foreign charges and Oregon offenses.
Licon was convicted in federal court in California of possession of cocaine with intent to deliver. He was arrested after being found with 1,440 grams of cocaine, said Deb Stoll, the assistant Douglas County district attorney who prosecuted him in the assault case.
Stoll conceded that Oregon doesn’t have a possession with the intent to deliver statute. However, she cited several cases where defendants were given enhanced sentences even though they were convicted on charges that differed from Oregon law.
Charles Lee asked the judge for additional time to research those cases and prepare a response. Licon, who is not being held in custody, was asked to return to court on Jan. 16 for continuation of the sentencing hearing.
• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
Daniel Licon could be sentenced to an additional three or four months in prison if his previous conviction for possession of cocaine with intent to deliver is counted against him.
A Douglas County jury convicted Licon in July 2005 of second-degree assault and menacing. Licon’s neighbor, Edwin Jankauski, was struck in the face and in the chest by a walking stick wielded by Licon, following a series of disputes between the two.
Licon faces up to 70 months in prison. However, the presumptive sentence for a defendant without a previous criminal record is 34 to 36 months, under Oregon’s sentencing grid. Another three or four months of prison time could be added, if the California conviction is considered.
Roseburg attorney Charles Lee told Circuit Judge William Lasswell on Monday that Licon’s previous conviction should be ignored because Oregon does not have an equivalent charge to possession of drugs with intent to deliver. Oregon’s sentencing guidelines require a connection between so-called foreign charges and Oregon offenses.
Licon was convicted in federal court in California of possession of cocaine with intent to deliver. He was arrested after being found with 1,440 grams of cocaine, said Deb Stoll, the assistant Douglas County district attorney who prosecuted him in the assault case.
Stoll conceded that Oregon doesn’t have a possession with the intent to deliver statute. However, she cited several cases where defendants were given enhanced sentences even though they were convicted on charges that differed from Oregon law.
Charles Lee asked the judge for additional time to research those cases and prepare a response. Licon, who is not being held in custody, was asked to return to court on Jan. 16 for continuation of the sentencing hearing.
• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
