David McCumbers appeared before Anita Ashley with his attorney, Daniel Minardi to enter into a High Low plea agreement. In a summary of the Plea, Prosecuting Attorney Nigel Jeffries stated that McCumbers had agreed to plead guilty to the felony charge of “Possession with Intent to Deliver Marijuana which carries a sentence of not less than 1 year, nor more than 5 years of incarceration, and a fine of up to $15,000. A second guilty plea was entered to the misdemeanor offense of “Possession of a Controlled Substance (meth amphetamine) which carries a sentence of not less than 90 days to 6 months in jail, and a fine of not less than $100, nor more than $500.00. Court costs will be assessed in either case.
Based on the guilty please the State requests that his sentencing be deferred and he be placed on one year probation. If compliant for the duration of his probation, the felony charge will be dismissed and he’ll plea only to the lesser, misdemeanor charge. If he is not compliant, the felony plea will stand and he’ll be solely convicted of the felony charge.
When asked by Judge Ashley what he had done, Mr. McCumbers confessed to having both marijuana and meth and was sharing marijuana the same with other people.
Judge Ashley noted that the Court is not bound by the recommendation of the Prosecution and by entering his plea as described the defendant is waiving his constitutional rights to a trial. The case was then referred to Probation for investigation and continued for September 7th, 2023 at 9:30 a.m.
