A 23-year-old Dodge County man accepted a nine-month jail sentence Tuesday for dealing drugs, telling the court that he turned down a plea deal that called for 60 days of incarceration because he didn’t think the punishment was harsh enough.
Cody Moser of Lebanon appeared in Columbia County Circuit Court for a plea and sentencing hearing on charges of felony possession with intent to distribute cocaine, possession with intent to distribute marijuana and possession of drug paraphernalia.
Moser was facing a potential 15-year prison sentence, but a deal was worked out in which he pleaded no contest to the first count and the others were dismissed but read into the record. Judge Richard Wright imposed a sentence of nine months of conditional jail time followed by two years of probation.
“They offered me 60 days and three years of probation and the reason I countered it with nine months and two years is that I didn’t think 60 days was enough — I probably would have gotten out and done the same thing,” Moser said in court. “So I figured nine months of being clean would help.”
“I hope you’re right,” Wright answered.
Moser and his younger brother, Derek Moser, 21, were arrested in Fall River in August, following a traffic stop on Highway 16 near Steele Road.
Derek Moser told the officer there was a “small amount” of marijuana in the vehicle. A search turned up a milk jug with a baggie of marijuana weighing about 9.3 grams and a baggie of cocaine weighing 3.7 grams. The officer also searched a backpack and found a scale, plastic baggies and a mason jar with 63.4 grams of marijuana and 10.2 grams of cocaine.
Although Cody Moser was granted work-release privileges, an outstanding warrant in Dodge County precluded his release.
During Tuesday’s hearing, Wright invited Moser, who had been leaning back in his seat at the defendant’s table, to scoot forward and sit with his elbows up “like you were eating supper.”
“You impress me as someone who might be just a little too laid-back and just blowing in the wind,” Wright said, “and I hope they hang on to you when they transport you back to the jail because you’re liable to blow away today.”
Moser said he is now involved in Narcotics Anonymous.
“If you’re not smart enough to get away with it, getting off the stuff is the only choice you have and NA is a start for that,” Wright said. “If you use, you’ll probably start dealing again.”
Wright said that if Moser failed to follow through with the requirements of probation, he would face resentencing and prison time up to the full 15 years.
On Nov. 1, Derek Moser appeared before Judge W. Andrew Voigt for identical charges and was sentenced to 60 days in jail followed by three years’ probation.