Sentencing will be delayed in a Lyon County drug distribution case.
Rafael Garcia was originally charged with selling methamphetamine within 1,000 feet of Walnut Elementary as part of two allegedly separate incidents this past December, as well as illegally using a communication facility during a drug crime, meth and marijuana possession, interference with law enforcement and aggravated child endangerment. Garcia has pleaded no contest to two counts of meth distribution with no reference to any activity near a school. The remaining charges were dismissed.
Sentencing was originally set for last week, but defense attorney Steve Atherton is challenging the criminal history classification of “F” against Munoz related to a pair of convictions in 2019 in Oklahoma, saying both resulted in “deferred adjudications” that shouldn’t count against Munoz. If adjusted, Munoz would face a criminal score of “I,” meaning a shorter sentence. Atherton has also filed a motion for a durational or dispositional sentencing departure to drop prison time from 59 months under the current criminal history classification to 30 months.
Sentencing is now set for June 17.
