WINNEMUCCA — The jury trial scheduled for Wednesday, January 27 in the 6th Judicial District Court was cancelled after the defendant agreed late Tuesday evening to a negotiated settlement with the Humboldt County DA’s Office.  Members of the community summoned for jury duty need not report.

The defendant, Orlando Obeth Mendoza, 22,  pleaded no contest to the single charge of possession of more than 1 oz. of marijuana – a category E felony, as part of the negotiated settlement. 

Mendoza and two other men were arrested at a Kearns Way residence on Sept. 10 following a raid by the Tri-County Drug Enforcement Team that turned up methamphetamine, marijuana, and guns with obliterated serial numbers.

At the time of his arrest Mendoza was charged with trafficking in a controlled substance, being under the influence of a controlled substance, and possession of a firearm with an obliterated serial number.

Mendoza was represented in court by Humboldt County Public Defender Matt Stermitz.  The prosecutor was Chief Deputy DA Brian Williams.

During pre-trial hearings held today (January 26), Stermitz successfully challenged the evidence and had the most serious charges thrown out.

Stermitz argued the co-defendant in the case, who has already pleaded guilty to trafficking, told authorities Mendoza had no control over the drugs.  He was merely at the house at the time of the raid.

“His mere presence at the trailer is not sufficient evidence to convict him of drug trafficking,” Stermitz explained. “My client was just in the wrong place at the wrong time.”

Following the hearing Mendoza thanked his attorney and said through the court-appointed interpreter, “I’m very appreciative.”

A sentencing hearing was set by Judge Michael Montero for 1:30 p.m. March 29.  Possession of more than 1 oz. of marijuana is a category E felony, which represents mandatory probation unless other factors come into play -- such as the defendant’s criminal history.  Should Montero decide against probation,  Mendoza  could be sentenced to serve 1-4 years in prison with fines up to $5,000.