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McCavitt pleads to unrelated marijuana case

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From page A3 | February 25, 2013 |

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JOSHUA MCCAVITT meets with his attorney Jelena Tiemann before his court appearance on Feb. 22. Democrat photo by Shelly Thorene

A man accused of vehicular manslaughter as a result of DUI pleaded no contest to an unrelated case of possession of marijuana for sale.

Joshua McCavitt, 31, appeared alongside attorney Jelena Tiemann to plead no contest to the one charge out of three filed against him in the case. Tiemann requested minimum fines and a turn-in date as far out as possible before Judge James R. Wagoner carried out the sentencing.

Wagoner sentenced McCavitt to three years formal felony probation, 180 days in county jail served as a prison sentence — with three days of credit making the total 177 days — and an April 19 turn-in date. He was also fined a total of $1,130.

Tiemann, after speaking briefly with the defendant, asked the court about McCavitt’s 215 card, allowing him to use medical marijuana. Deputy District Attorney Worth Dikeman, along with Wagoner, explained that the man would need to provide sufficient proof in court that he required medical marijuana for a condition, or the prohibition terms of probation would stand.

In another case, McCavitt is charged with the Sept. 13 death of Denise Caldwell, 50, of Camino. McCavitt was allegedly driving while under the influence of alcohol when he crossed into the oncoming lane, hitting Caldwell’s 2012 Suburu Legacy head-on with his 1999 Chevy Silverado. Caldwell was declared dead at the scene.

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