Montalbo
HUTCHINSON, Kan. — A 29-year-old Hutchinson man who was granted one year community corrections on a 20-month sentence in a drug case is scheduled to be re-sentenced Friday.
Benito Montalbo had entered “no contest” pleas to possession of morphine, possession of marijuana with a prior conviction, five counts of possession of a controlled substance with a prior conviction, possession of drug paraphernalia, and driving while suspended. The state, in exchange, agreed to not file additional charges against the defendant.
During the initial sentencing hearing, the state had argued for prison time, but Judge Trish Rose granted the community corrections as part of a departure motion by the defense. The state appealed and the Kansas Court of Appeals ruled that she didn’t specify on the record why she was granting the departure. Judges, when they grant a departure, must state on the record that they found substantial and compelling reasons to depart. She apparently didn’t do that, so the case will come back for re-sentencing.
Montalbo was stopped by a Reno County Sheriff Deputy back on Jan. 21 of last year at 6th & Porter when the deputy apparently knew his driver’s license was suspended. Allegedly on his person was a small plastic bag of synthetic marijuana or K-2. On the console of his vehicle was a small amount of marijuana, morphine pills, other various types of pills and zigzag rolling papers.
He has another case pending which involves him getting into a confrontation back on June 25, 2016, with two individuals after one of them allegedly told him to slow down as he was driving by in Nickerson. At some point during the altercation, he pulled a knife and threatened others with it. He allegedly threatened to come back later with a gun.
The re-sentencing is scheduled in front of Judge Trish Rose Friday morning.