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1 year in prison for meth dealing

Posted: March 21, 2012 - 12:01am

A 19-year-old Juneau woman was sentenced to serve one year in prison and four years probation after pleading guilty to dealing methamphetamine last month.


Judge Louis Menendez handed down the judgment for Nicole Jean Clayton on Tuesday in Juneau Superior Court.


Prosecutors with the district attorney’s office alleged Clayton sold .3, .4 and .5 grams of methamphetamine to police informants and an undercover Juneau Police Department officer on three occasions in October and November of last year, according to charging documents.


She was indicted by a grand jury in December on three counts of misconduct involving a controlled substance in the third degree. That’s a class ‘B’ felony offense that can carry up to 10 years in prison and a $100,000 fine. The presumptive sentencing range for first time offenders, such as Clayton, is one to three years.


In a plea agreement reached with prosecutors, Clayton pleaded guilty in February to the first count of the indictment, and the other two charges were dismissed.


The agreement also allows for what’s called a suspended imposition of sentencing (SIS), which means while this felony conviction can never be expunged from her criminal record, it can be “set aside” if she doesn’t violate her strict conditions of release.


Clayton’s attorney Whitney A. Power, with the Office of Public Advocacy, said Clayton was a good candidate for a SIS because of her young age, lack of violent criminal history and good prospects for rehabilitation.


“The agreement offers her a pretty good chance of rehabilitation,” Power said.


“Like Mr. Brower indicated on the record, a SIS in Alaska isn’t necessarily saying you’ve never been convicted of a felony, but it gives the opportunity for somebody who is otherwise looking at pretty serious charges, class ‘B’ felony, the chance to sort of reform their behavior and to make amends for it by successfully completing probation. I’m hopeful that Ms. Clayton will take this opportunity, the probation opportunity seriously, and that she’ll use it to change any behavior patterns that have led her to this point.”


District Attorney David Brower expressed doubts that Clayton had good prospects for rehabilitation based on her criminal history, but that a SIS provides her with a strong incentive not to re-offend.


“Whether she deserves it or not, it’s up to the court to decide whether she’s going to get it,” Brower said. “It’s not a case where she has an outstanding probability of rehabilitation. I think the idea is that this gives her the opportunity to turn her life around.”


Menendez told Clayton that in some respects, a SIS is a “double-edged sword” that some people view as harsher than a straight sentencing because it subjects a defendant to additional penalties if he or she violates probation. Also, the control the state has over her for those four years will be extreme.


Clayton responded by saying, “I just really want the opportunity to try to prove to myself and everybody else that I can make it.”


Menendez told Clayton if she does violate her conditions of release and loses the SIS, she will be back in court facing a class ‘B’ felony conviction and jail time.


“If in fact she violates conditions of probation through this period of four years, she comes back to court a convicted class ‘B’ felon,” he said. “There will be no trial, no adjudication. She’ll already be convicted and we’re just going to go straight into issues of sentencing.”


• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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Comments (22)

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NorthIslander
248
Points
NorthIslander 03/21/12 - 09:14 am
2
2

Winner

She's 19, do you think she's going to learn her lesson with only a year of doing time?

Of course she's going to violate probation..it's the same story over and over again here...

Treyshawn DaSheed
261
Points
Treyshawn DaSheed 03/21/12 - 10:12 am
3
3

@north

@north - ain't nuthin like a lil' mornin hate to get your day goin?

@nicole - whoeva you are, hope you get back on track. Some people in da community support cats like you, even if some don't (see homie above). You're still a good person, never forget that.

AH HA
1640
Points
AH HA 03/21/12 - 10:53 am
4
2

@Treyshawn

What crap!
She is not a "Good person" she is a Methamphetamine dealer. I am willing to bet that because of her age, (19) most of her victims were in their teens also.

lvmykyk
1805
Points
lvmykyk 03/21/12 - 11:04 am
1
1

Need a new plan

It breaks my heart every day. To see young people throwing their lives away in this manner. And the justice system just compounding it. We keep locking them up and not treating the problem. Prison is not set up for rehabilitation, we have to come up with something new.

We can point fingers all day. Blaming this that or the other. But the truth is that doesn't matter. What matters is the Jane and the John who do not know how to navigate life, so they hide behind drugs. Which makes life even harder to navigate.

Time we start helping Jane and John develop the tools they need to navigate life. Set up an accountability structure and support structure where they can learn to make it on their own. We have to try something new. Every addict leaves behind a trail of victims. They destroy more lives than just their own. Drugs are not a victimless crime.

Treyshawn DaSheed
261
Points
Treyshawn DaSheed 03/21/12 - 12:26 pm
2
4

@ AH HA

no point in arguing wif ya, because we never gonna see eye 2 eye. i'll always show respect 2 people, and believe in a second chance.

10 times outta 10 i'd rather sit down wit this girl and learn who she is than sit down wit some1 else. somebody's gotta show love in this world while the rest of you show hate. look at yaself, you've never met this human being, don't know her story, nothin' about her, and she doesn't have a chance. 99% of this community does what u do, throw this girl in the dumpster.

ain't no religious agenda, ain't no behind-the-scenes, nothin like that.

i bet she is a good person, i bet everything i got, and if i lose that bet, then damn, treyshawn lost, and while ya laugh in my face, i'll walk away knowin at least i tried to help, so say wut u want foo'. i'll make that bet EVERY time, always have, always will, and guess what?

sometimes i actually win, and there ain't no greater feelin' than watchin' a person turn their life around and thank u for it. homie it's like puppies and ice cream, just beautiful.

Persnickety Persimmon
4173
Points
Persnickety Persimmon 03/21/12 - 12:49 pm
1
7

Hush, Treyshawn. We make

Hush, Treyshawn. We make ourselves feel less empty inside by excoriating others. It's the only thing between us and alcoholism.

J. E. Fume
5005
Points
J. E. Fume 03/21/12 - 01:53 pm
1
1

I wish her all the luck in

I wish her all the luck in the world. The DA doesn't think she'll make it. Her attorney thinks she can. The posters on here vary. The only person who can really decide Nicole. Good luck!
She might want to find some new friends when she gets out.

chick324
94
Points
chick324 03/21/12 - 01:57 pm
1
0

@Treyshawn

I have to ask, where did you learn to speak English?

I wish the girl the best but statistically speaking, she has a lot against her. Good luck kid.

Treyshawn DaSheed
261
Points
Treyshawn DaSheed 03/21/12 - 02:31 pm
1
1

@bird324

i learned english da' same way you did, from fam and tha environment around me.

statistics be statistics, no argument there. lil' nicole basically just be like a no'mally distributed random variable in a straight up gaussian function, but them homies has they outliers, n we best shift that curve wif love n support.

love n calculus, dats all Treyshawn know.

orionsbow1
628
Points
orionsbow1 03/21/12 - 03:10 pm
2
2

fashion ghetto

Chick- its just pretend ghetto talk.

AH HA
1640
Points
AH HA 03/21/12 - 05:03 pm
2
0

@Orionsbow1

Whatever it is, it shows his mental capacity off quite well.

AH HA
1640
Points
AH HA 03/21/12 - 05:10 pm
2
0

@Treyshawn

It appears to me that you are trying to communicate. On this web site, the English language is most common although, I am certain that several of the romance languages are also understood. I have no idea what language it is that you think you are using but whatever it is, It’s not getting your point across.

Jo MacNamara
697
Points
Jo MacNamara 03/21/12 - 05:53 pm
1
1

meth destroys lives

Meth is as dangerous as heroin and just as addictive.

I am all for rehab, but once again, various posters in here assume she is a user instead of a dealer, and we can't make that judgment because we don't know.

Dealers aren't necessarily users.

As such, I will assume she is simply a dealer. And a meth dealer is an absolute threat to society and needs to be removed from society. In prison. Long.

If she is indeed a user, I too hope she gets the help she needs.

@Treyshawn: Shup bish. U gossa lotta love yo, but dat ain't wut it be takes to keep kidz safe from meth. Sometimes ta love sumwun, ya gossa re-move their threats u know whut I'm say-yin, yo? She wuz a playuh, and she knowd it, uh huh.

Treyshawn DaSheed
261
Points
Treyshawn DaSheed 03/21/12 - 06:54 pm
4
0

AH HA

y'all cant undastand ma esoterica, that's fine. lend a helpin' hand to sum1 in need and i ain't give that ya can't get my message, plus homie treyshawn dun love bein colloquial. ma vunakula (vernacular) str8 smackin ya!

@AH HA - romance languages? y'all buckin. i speak street homie. anybody dat speek them romance languages be a straight foo'....oh wait, Treyshawn do dat, oh snap!

la cosa piu' dolce? ne parlo tre. dal mio cuore, fammi un pompino stronzo. nn sara' la prima volta eh? ;) e se non c'e' qualcuno che parli italiano...(homie switch!)...estoy seguro de k alguien puede traducirlo x Uds. ah snap, the dumb homie wif no "mental capacity" from inglewood speaks three mo' languages than you do.

alaskawoman
0
Points
alaskawoman 03/21/12 - 07:23 pm
3
1

Thanks Treyshawn

I appreciate your kindness and humor. Thanks for making the forum worth reading!

really
812
Points
really 03/21/12 - 08:10 pm
1
0

AH Ha,

I think that hommie Treyshawn has got you there! That's what you get for painting someone you don't know into a box!

jamison
3404
Points
jamison 03/22/12 - 06:41 am
1
0

Thanks Treyshawn

Appreciate the perspective and the humor---It's often lacking in these threads.

Treyshawn DaSheed
261
Points
Treyshawn DaSheed 03/22/12 - 02:16 pm
0
0

much love

Treyshawn gives much love to y'all back.

Lil kindness goes a long way, just remember every1 deserve it, even if they make a mistake o' 2.

AH HA
1640
Points
AH HA 03/27/12 - 03:41 pm
0
0

@Treyshawn. nice try with google translator fool

كذلك treyshawn، كنت أتكلم مزراب في عدة لغات. هذا لا يجعلك ذكي.

MC Trig
-1
Points
MC Trig 03/27/12 - 03:45 pm
0
0

@AH HA

Get that filthy arabic off my screen, you terrorist pinko.

juneau99801
0
Points
juneau99801 03/27/12 - 03:52 pm
1
0

I know Nicole personally and

I know Nicole personally and she would talk about always wanting to get sober, but couldn't do it because the situation she was stuck in. I'm sure there were ways that she could have found to get sober, but i'm sure from her addiction resulting in jail time and probation that she will take it. I wish her the best of luck. She's had a rough life and deserves this chance to get clean.

Treyshawn DaSheed
261
Points
Treyshawn DaSheed 03/28/12 - 08:03 am
0
0

@ ah ha

you can use dat internet translator if you want foo', but they don't work. they never work. that's the first thang you learn in linguistics foo'. you know a thing about that? or you speakin' blind like always? they translate literally, know what dat means? trust me foo, don't argue or push me on this; you'll lose bad. man you just paint ppl into your picture and can't admit you were wrong, can ya? stop fillin the board with hate, you got a problem? then send me a message.

ps - send it 2 me in italian or spanish wif ya google translate nonsense and i'll correct ya errors so you can learn somethin. i'm not kiddin.

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