A Hailey man who admitted selling a $100 bag of marijuana two years ago to an Idaho State Police undercover detective was sentenced Monday to 60 days in jail.
Blaine County Deputy Prosecuting Attorney Matt Fredback asked for a 90-day sentence for 32-year-old Calen Isaac Moore, while defense attorney Douglas Werth argued that 30 days in jail would be sufficient. Fifth District Court Judge Robert J. Elgee decided to split the difference.
Because court testimony showed that Moore has made efforts to improve his life since the crime was committed in February 2008, Elgee decided that Moore can spend one week of jail time per month, with work release allowed, until the 60-day sentence is satisfied.
Moore pleaded guilty in March to felony delivery of marijuana, a crime punishable in Idaho by up to five years in prison. The charge stemmed from an ISP drug investigation in Blaine County more than two years ago. ISP explained earlier that Moore wasn't charged with the crime until October 2009 because investigators were waiting for other ISP drug cases in Blaine County to be concluded.
Fredback said during the sentencing hearing that Moore has apparently made attempts to change his life since the drug sale, but that he deserved a jail sentence anyway.
"I recognize that the grievousness of this crime is not really high, but Mr. Moore has a long history of breaking the law," Fredback said.
He said Moore had two prior felony convictions as a juvenile and has been also been convicted of several misdemeanors.
Court testimony showed that Moore recently became a Jehovah's Witness, was recently married and now has a son.
"Now that he's got a new wife and a new son, hopefully he can put all this behind him," Fredback said.
Werth said Moore has quit using drugs and alcohol and has "literally changed his life."
"He understands better than anyone in this court that sobriety is his No. 1 job," Werth said.
Moore told the court, "First of all, I would like to apologize for committing this crime."
"It's very important that I live by example for my son," he said.
Terry Smith: tsmith@mtexpress.com
