HUTCHINSON, Kan. – A 23-year-old Hutchinson man scheduled for preliminary hearing in front of Judge Joe McCarville in a drug distribution case waived his right to the hearing then entered “guilty pleas.”
Eduardo Gutierrez was charged with possession of marijuana with intent to sell, possession of drug paraphernalia with intent to distribute, possession of cocaine, possession of synthetic marijuana and personal use marijuana. He entered the pleas to the first three counts and as part of the plea agreement, the state dropped the last two counts.
It was in Feb. 21 when the Reno County Drug Unit did a search of a home in the 600 block of East 2nd. They allege that they found a baggie of marijuana, a digital scale with residue, new packaging materials, marijuana pipes with burnt residue, a line of white powder and two bags with a green substance consistent with potpourri. They also allegedly found a bad of marijuana and a large amount of cash on Gutierrez when they searched him.
The defense is expected to seek a depositional departure from a prison sanction to community corrections and the state won’t oppose it. However, it will be up to the judge on whether he should receive corrections or prison. Gutierrez also waived his right to appeal any sentence.
Judge McCarville set sentencing for August 21.