Level 3 offender found guilty of probation violation, sentenced to prison, but expected to be released
Published 10:18 pm Thursday, September 13, 2018
An Albert Lea Level 3 offender who violated probation was sentenced to nearly 1 1/2 years in prison Thursday in Freeborn County District Court.
However, because he has already spent 366 days in jail on the charge, he will check in at Minnesota Correctional Facility in St. Cloud and then be placed on conditional release.
Cody Padraic Trott, 28, was sentenced after Judge Steven Schwab found he violated his probation by using methamphetamine and failing to remain law abiding after he was placed on probation for up to five years after pleading guilty to cutting his ankle bracelet in November 2016 while on supervised release.
Trott contested the violations and requested the file be closed. Assistant Freeborn County Attorney Abigail Lambert asked for Trott’s sentence to be executed.
Trott has been involved in 11 law enforcement matters since he was sentenced in December 2017, including a domestic assault by strangulation charge.
He tested positive for methamphetamine May 25 and amphetamine July 13.
Prior to being found guilty, Trott expressed concern he would be kept in prison because he does not have a verifiable address, which is a probation violation.
Minnesota Department of Corrections career agent Marie Bolinger said Trott would have the chance to find housing or stay at a hotel that allows him to stay. She said Trott could be sent back to jail if neither of those avenues worked.
Trott’s lawyer, Michael Schatz, said his client only had convictions for trespassing and taking a fish without a license — both petty misdemeanors — after being placed on probation. He said Trott did not have a state-verified positive drug test.
During testimony, Trott denied speaking with Bolinger about his positive drug test and said he had a prescription for Adderall.
Lambert said Trott is not a credible witness, adding closing the file would “reward” him for poor behavior. She said Trott is not amenable to probation.
In sentencing Trott, Schwab said he agreed.
See what happened last night in the PM report here.