A defendant in a 2019 trafficking case was back in court to enter a guilty plea for the second time for the same offense of bringing drugs into Jones County.
Fernanda Elizabeth Vasquez entered her guilty plea May 23 and received 15 years for the lesser-included offense of simple possession of a controlled substance more than four grams but less than 28 grams. She is to receive credit for time in custody from the date of her arrest, Feb. 13, 2019.
Vasquez entered her guilty plea for first time Dec. 3, 2020. The first plea was to the charge of trafficking in cocaine, more than 200 grams but less than 400 grams. She was sentenced to 25 years with the first 15 years to serve in prison. The reason for the second plea was the first was set aside as the result of a writ of habeas corpus filed due the effect the plea had on her immigration status. Vasquez is not a United States citizen and, according to the legal filing, that question was never asked during the proceeding or discussions with her attorney.
Because the defendant is not a citizen, she would not be eligible for parole, and she would be deported at the conclusion of the service of her prison time. The transcript of the habeas evidentiary hearing stated the defendant did not know the effect of not being a citizen would have on her sentence.
Vanquez stated at the hearing that, with that knowledge, she would not have accepted the negotiated plea agreement. The defendant accepted the sentence of 25 years, serve 15, expecting on the advice of her attorney to be paroled in five years.
The conclusion of the hearing was that the failure by the court and defense attorney to ask if she was a citizen violated the defendant’s constitutional rights.
The plea entered by Vasquez May 23 does allow the possibility of parole.
Arrest
Vasquez and Fredrick Lawrence Nettles were charged with trafficking in cocaine and possession of a firearm during commission of felony following their Feb.13, 2019, arrests.
At the time of their arrests, the defendants were found with a kilo of cocaine and a firearm.
Vasquez and Nettles were both indicted on the charges by a Jones County Grand Jury June 19, 2019.
Nettles entered his guilty plea Oct. 30, 2020, to the lesser-included offense of trafficking in cocaine, more than 200 grams but less than 400 grams. He was sentenced to 25 years with the first 15 years to serve.
Neither Vasquez nor Nettles had a criminal record at the time of their arrests, which were the result of an undercover operation by the Jones County Sheriff’s Office. JCSO investigators contacted the defendants and set up a purchase of the cocaine.
Nettles was the driver of the vehicle that brought the drugs into Jones County.
