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Court suspends five-year sentence, places Barry Mitchell on seven years’ probation with treatment and strict conditions
Summary
After the defendant Barry Mitchell pleaded and counsel urged leniency, the court suspended a five-year sentence and placed Mitchell on seven years’ probation with numerous conditions including a $1,200 fine (probated), two-year license suspension, ignition interlock for the full term, 200 hours of community service, restitution of $60, and referrals to DWI education and felony drug court/TAP evaluation.
Barry Mitchell appeared and underwent a plea colloquy; defense counsel described Mitchell’s family support and progress and asked the court for leniency. The state argued Mitchell presented a danger on the road and recommended a prison term. Judge Caproach offered treatment as an alternative to incarceration and then pronounced a sentence that was suspended and placed on probation.
The court imposed the following sentence and conditions: a five-year sentence suspended and probated for seven years; a $1,200 fine (the court stated the fine would be probated); $60 restitution to the Department of Public Safety; full-term ignition interlock for any vehicle Mitchell has access to (or an alternative portable monitoring device with affidavit of non-driving if probation later finds no access to vehicles); two-year driver’s license suspension; 200 hours community service; referral to DWI education and an impact panel; random and regular UA testing; monthly field visits; proof of employment within 45 days of release; and TAP evaluation/counseling with possible referral to felony drug court. The court stated the probation conditions would run concurrently with an existing case (2025CC007232).
The court warned that if Mitchell refused inpatient treatment, he faced the alternative of five years in prison. The court also discussed the consequences of the felony conviction (loss of weapons rights) and advised the defendant about appeal waivers in the plea paperwork.
