Cord C. Palmer will find out in July if he will be sent to prison for being caught by Boise police with 132 grams of psilocybin mushrooms and some marijuana in his car earlier this year.
The 21-year-old Palmer, the son of Rep. Joe Palmer, R-Meridian. was originally charged with possession of a controlled substance with intent to deliver. He pleaded guilty to the lesser charge of possession of more than three ounces of marijuana earlier this month even though he didnt have that much pot with him at the time, according to Idaho court records.
The charge was changed from a delivery to a possession charge to give Palmer the ability to apply for Drug Court, Canyon County deputy prosecutor Eric Thompson said during a court hearing last week. Palmer wouldnt have been able to go to Drug Court if he pleaded guilty to the delivery charge.
In exchange for the guilty plea, Canyon County prosecutors, who are handling the case for Ada County, also dropped misdemeanor charges of possession of marijuana and drug paraphernalia.
Palmer is also charged with felony probation violation for aiding and abetting a burglary in 2009 and is currently serving a six year probation term for that charge after getting a withheld judgment.
Fourth District Judge Thomas Neville is set to sentence Palmer on both cases July 16.
The probation violation and crime of marijuana possession in excess of three ounces are punishable by up to 10 and 5 years in prison.
Thompson said he will recommend probation on the drug charge, which means if Neville decides to keep Palmer on probation for the burglary charge, prosecutors will then recommend Palmer be placed in Drug Court.
Neville is not bound by the plea agreement, and warned Palmer of that before accepting his guilty plea last week.
Palmer told Neville he was pleading guilty because he wanted to accept responsibility for what he did.
Boise police arrested Cord Palmer shortly after 4:30 a.m. Jan. 22 when they saw him sitting in a running car in front of several closed businesses near the 10th and Miller streets intersection just south of Downtown.
Police say when they walked up to the car to find why Palmer was parked there they smelled the odor of burning marijuana.
An Ada County Sheriff's K-9 dog smelled drugs in the car and officers found the mushrooms in a backpack in the back seat, according to reports. Police say they found 12 grams of marijuana and a weighing scale inside the car.