GEORGE WEST – Judge Patrick Flanigan of the 156th State District Court sentenced Cory Moya of Three Rivers on June 10 to 10 years in prison for possession of a controlled substance with intent to deliver more than 13.8 grams of cocaine.
That charge also included a $5,000 fine and a $180 lab fee.
Moya also had pleaded guilty to an additional charge of possession of a controlled substance and was sentenced to two years in jail with three years supervised probation. He also was required to pay a fine of $1,500 and a $180 lab fee.
Prosecutors had requested that Moya be sentenced to 15 years in prison, while Moya’s attorney requested probation.
The lawyer referred to “mental health issues in the family” and said that Moya did not receive treatment for these until recently.
When asked by the prosecuting attorney, James Sales, how much money Moya expected to make from the sale of the cocaine, Moya stated that he wasn’t expecting any to make money, which Sales said he found difficult to believe.
“The police and the district attorney’s office is doing all we can to make the area safe from drugs and it is up to (the judge) and juries to sentence (the criminals),” Sales said.
“It is important that the risk (for engaging in drug-related crimes) to be greater than the rewards.”
Moya’s lawyer said he understood that argument, but noted that Moya had done well in school and that he didn’t believe prison “will do him any good.”
Sales said that Moya’s insistence that he didn’t expect to profit from the sale of drugs was an example of his lack of respect for the judicial process.
“Honesty goes a long way and for him to stand here before you and say he won’t get anything (from the drug sale) shows you exactly what you can expect,” Sales said.
Flanigan found Moya guilty of the charges against him and expressed concerns about Moya’s connections to those involved in the drug trade.
“I’m concerned not only about the delivery of a controlled substance but the apparent ease in finding the drugs,” Flanagan said. “I’m not really convinced that you were doing this for money, or to curry favor with someone.”
Moya will be eligible for “shock probation” after spending at least 120 days in jail, meaning he could be released after experiencing prison if the judge believes that Moya would be “scared straight.”
Lance Rathke, the narcotics investigator for the Live Oak County Sheriff’s Office, said Moya was well-known for dealing drugs and that law enforcement had received numerous complaints about his activities.
“He was a high volume drug pusher,” Rathke said. “He hadn’t been selling drugs for $20, he was selling larger amounts. He sold approximately 14 grams of cocaine to an undercover officer for $880 in Three Rivers.”
Jeff Osborne is the editor of The Progress. he can be reached at 361-786-3022 or email@example.com.