LIHUE — A defendant asked the court for prison over another term of probation on Thursday in 5th Circuit Court. Coy Dean Baxter, 38, Lihue, was convicted of methamphetamine and drug paraphernalia charges and sentenced to a five-year probation with
LIHUE — A defendant asked the court for prison over another term of probation on Thursday in 5th Circuit Court.
Coy Dean Baxter, 38, Lihue, was convicted of methamphetamine and drug paraphernalia charges and sentenced to a five-year probation with time served in jail on Feb. 16, 2012. He returned to court for a revocation motion on Jan. 30, and chose not to fight the violation claims on Thursday.
Baxter allegedly failed to appear for a probation related appointment in May. The probation revocation or modification motion was filed after further reports found the defendant had failed to pay court fees and did not complete outpatient therapy.
The term of probation included conditions of following through with any recommended treatment from a substance abuse addiction assessment. It also requires the defendant not drink alcohol or use drugs.
State Deputy Public Defender Stephanie Sato said Baxter is technically eligible for another term of probation with up to a year in jail. However, Baxter does not believe probation will work and requested the open term.
Chief Judge Randal Valenciano sentenced Baxter to the five-year term and said the court appreciated his statements to avoid a possible future revocation.
By requesting straight time, the defendant would not have the restrictions of a probation term on him upon release.
