Natrona District Court Judge Sentences Repeat Probation Violator
A judge lost his patience Wednesday with a two-time probation violator who will lose at least 18 months of his life in prison.
Natrona County District Court Judge Thomas Sullins sentenced Charles Mark Nalbone to one-and-a-half years to three years of imprisonment for a felony marijuana distribution crime handed down last year.
Nalbone, Sullins said, "has demonstrated continued disrespect for the laws and court orders."
Wednesday's hearing was scheduled as a probation revocation hearing, Nalbone's second in three months.
But it soon became a sentencing hearing.
Last May, he was charged with one felony count of possession of marijuana with intent to deliver, and one felony count of possession of more than three ounces of marijuana.
Nalbone pleaded guilty to the first count, and the second count was dismissed at sentencing, according to court records.
Sullins sentenced him to a suspended one-and-a-half years to three years of imprisonment, and imposed probation.
It didn't last.
According to a court transcript of the first probation revocation hearing, Sullins said he noted several "red flags" and reluctantly agreed with Nalbone's defense attorney to impose another term of supervised probation.
But in February, Nalbone's probation officer filed a petition with the court saying Nalbone used cocaine three times and didn't report for a drug test.
Wednesday, Nalbone admitted the violations.
Assistant District Attorney Trevor Schenk recommended the originally proposed prison sentence and a drug addiction treatment program.
Nalbone, 21, also would be eligible for boot camp, Schenk said. "But I don't think he could do that based on his behavior."
In response, defense attorney Amy Iberlin said Nalbone is obviously an addict.
Iberlin said his father, Mark Nalbone, has arranged for him to enter a highly rated, three-month, intensive rehabilitation program in Oregon.
Mark Nalbone tearfully told Sullins his only son has made a lot of bad decisions, and he's remorseful.
His son also is a nonviolent criminal, and sending him to prison would make him a worse criminal, Mark Nalbone said.
Sullins wasn't impressed.
Iberlin, as Sullins understood it, was asking him to give Charles Nalbone unsupervised probation and send him out of state to enroll in a program that may or may not work. Wyoming, Sullins said, has its own excellent programs.
Iberlin responded Mark Nalbone would be very involved in his son's rehabilitation.
She also said Charles Nalbone would be a good candidate for boot camp.
Charles Nalbone told Sullins he was sorry.
Sullins acknowledged his apology, but went no further.
He granted the probation revocation, and told Nalbone he tried to get him to understand the seriousness of his behavior at the last hearing.
"We gave you at least two chances at probation," Sullins said.
Sullins ordered boot camp for Nalbone, but couldn't promise any reduction in sentence if he successfully completed the program.
The judge immediately turned Nalbone over to a sheriff's deputy for processing to the Wyoming State Penitentiary.