By Natalia Claburn
SACRAMENTO, CA – Co-defendants and previously convicted individuals Jacqueline Nava and Rigoberto Vivanco Sanchez were arrested for possessing an illegal firearm and narcotics for sale, while on probation.
Both wound up cutting a deal here in Sacramento County Superior Court this week.
Sacramento County District Attorney Heather Phillips recounted that on Jan. 6, 2021, “probation officers conducted a probation compliant search on Jacqueline Nava and Mr. Vivanco Sanchez at their home.”
DDA Phillips explained that, in the search, officers found “$970 in cash, 363 grams of methamphetamine, a scale, and other indicia that was indicative that [the defendants] possessed the methamphetamine for sale.”
Just two months later on March 11, 2021, the co-defendants were arrested again, only this time they were pulled over and officers were allowed to search their car because they were on probation, where no warrant is necessary for a search.
In the car was a loaded firearm which was located “between the door and the seat where defendant Vivanco Sanchez was seated.” It was later discovered to have been illegally purchased.
Additionally, there were “10 grams of methamphetamine, baggies, some heroin, and other indicia relative to sales of narcotics in the car,” stated DA Phillips.
Judge Patrick Marlette explained that the normal “punishment for the sale of methamphetamine is 16 months, two years, or three years.” He also noted that the co-defendants’ “maximum exposure” or most possible time for both charges could be “four years eight months in custody with a fine of up to $10,000.”
Judge Marlette then informed the courtroom that Vivanco Sanchez was “eligible for probation but I’m going to deny probation because of the facts and circumstances of this case, particularly the weight of the controlled substances involved.”
Defense Attorney David Anguiano, on behalf of Vivanco Sanchez, stated that “Mr. Vivanco Sanchez will be pleading no contest to Count 1,” the possession of narcotics for sale.
Defense Attorney Paran Pabla, who represented Nava, explained that his client wanted to resolve both matters on this day by pleading no contest to Count 1 and accepting the deal offered by the district attorney’s office that would lessen her sentence.
Judge Marlette accepted the pleas given by the defendants, finding them guilty on all counts. For Nava, Judge Marlette struck the fines and fees aside from $370 for “restitution fine…court facility fee…and a court construction fee.”
Judge Marlette then said, “Mr. [Vivanco Sanchez], what you’re going to get is a middle term that’s three years plus the eight months consecutive on the possession for sale case for a total of three years and eight months in custody” in state prison.
He continued, saying, “Ms. Nava you are going to be placed on probation for two years, with 364 days in the county jail on each case.” Vivanco Sanchez’s and Nava’s sentences will be served concurrently, though in separate jails and for different amounts of time.
Judge Marlette made sure to note that “the remaining counts are dismissed in the interest of justice” as the case came to a close.