Instead of going to trial, a Philadelphia man admitted Wednesday in Schuylkill County Court that he possessed two types of drugs in the state prison where he is serving time on other cases.
Jose Diaz, 27, pleaded guilty to possession of a controlled substance and possession of a small amount of marijuana, with prosecutors withdrawing two counts of possession with intent to deliver a controlled substance and one of possession of contraband.
Judge John E. Domalakes, who had been scheduled to preside over Diaz’s trial on Wednesday, instead accepted his plea and, pursuant to an agreement between prosecutors and the defendant, sentenced him to serve one to two years in a state correctional institution and pay costs, $200 to the Substance Abuse Education Fund, $100 to the Criminal Justice Enhancement Account and $176 restitution to the state police crime laboratory in Bethlehem. Domalakes made Diaz’s prison term consecutive to the one he already is serving.
“Mr. Diaz has accepted responsibility” for his actions, Domalakes said in explaining why he accepted his plea.
By pleading guilty, Diaz admitted possessing suboxone and marijuana on Dec. 26, 2014, at State Correctional Institution/Mahanoy, as state police at Frackville had charged.
Diaz said little during the hearing except that he understood the terms of his plea and was entering it knowingly and voluntarily.
After Diaz had been sentenced and taken away, Domalakes brought in the jurors who were to have heard his case to explain what had occurred. He said their presence made a difference in spite of the fact that there was no trial for them to hear.
“Your services are not going to be required any longer,” Domalakes told the jurors. “Had you not been here, this would not have resulted in his (guilty plea).”
A Philadelphia County jury convicted Diaz on Oct. 4, 2010, of possession with intent to deliver a controlled substance, conspiracy and possession of a controlled substance, while acquitting him of prohibited possession of firearm, carrying a firearm without a license and possessing instrument of crime. Judge Chris R. Wogan sentenced Diaz on Dec. 10, 2010, to serve three to six years in a state correctional institution and 109 months probation.
On Oct. 14, 2014, Wogan revoked Diaz’s probation and resentenced him to serve five to 10 years in a state correctional institution.
Philadelphia police had charged Diaz with possessing drugs, and conspiring to do so, on March 2, 2010.
Before that case, Diaz had pleaded guilty in Philadelphia County Court in two other drug-related cases.