The Umansky Law Firm

A Tyler, Texas man will have to spend the rest of his life in prison for possession of just over a quarter pound of pot. A jury convicted him and he was sentenced to 35 years, but the Smith County prosecutor in the case wanted a sentence of 99 years.

According to the report, someone tipped off police to the smell of marijuana coming from a vehicle. He was found with marijuana and a digital scale within a thousand feet of a day care center. The local newspaper noted that the man was convicted of two felonies in the '80s and was accused of possession of marijuana in a drug free zone in 2008.

Some in the local media are astounded at the sentencing. A Houston Press blog said, "We just hope Texas Department of Criminal Justice can free up room for this menace to society; maybe the state can release a child molester or serial arsonist to find a cell for [the accused]."

It has also been noted that the 35-year sentence is identical to that of another man convicted in Del Rio, Texas. However, that man was involved in a multimillion dollar marijuana smuggling ring, and had transported 24 tons of pot into the United States.

Though the convicted had two prior felonies and was within a drug free zone when he was caught, a 35 year sentence seems excessive. It is unclear how the man was defended, as well as why the jury gave him such a long sentence. It isn't as if he murdered anyone.

We encourage anyone who has been charged with drug possession to speak with an experienced criminal defense attorney to learn your legal options, and to avoid long prison sentences.

If you are in the Orange County or Orlando, Florida area, please contact the experienced drug offense attorneys at the Umansky Law Firm for an initial consultation. We serve clients across the state of Florida.