JAMES P. MAGILL (d.o.b. 12-16-1970) of Branson, pleaded guilty on July 10, 2014, to a total of five (5) felony cases including charges for possession of drug paraphernalia with intent to distribute, possession of a controlled substance, and driving while revoked. Visiting Senior Judge Carr Woods sentenced the defendant to ten (10) years in the Missouri Department of Corrections for the class C felonies and three (3) years for the class D felonies. The sentences were ordered to run concurrently. The defendant pled with no agreement with the State except that any sentences would run concurrently.
The first of Magill’s cases arose from his arrest on October 11, 2012, for possession of methamphetamine and alprazolam. In that case, Branson police officers made contact with the defendant at his motel room. Officers observed the defendant attempting to conceal items within the room. The defendant admitted to the officers that he had been consuming methamphetamine. A search of the motel room revealed methamphetamine, alprazolam, and drug paraphernalia.
Just about a month later, officers of the local COMET drug task force contacted the defendant at his motel room. He was once again found to be in possession of methamphetamine.
Then, in April of 2013, a house in Branson was searched by police pursuant to a search warrant. A bedroom belonging to the defendant was found to contain methamphetamine, numerous plastic baggies commonly used to package methamphetamine, and several glass pipes commonly used to consume methamphetamine. Another occupant of the house admitted that she and the defendant had been selling methamphetamine in the area.
The defendant also admitted to driving while his license was revoked on two occasions. Due to his prior convictions for manufacturing a controlled substance, burglary, and domestic assault, the driving offenses were class D felonies. The drug charges consisted of class C and D felonies. Class D felonies carry up to a four (4 year) term in the Missouri Department of Corrections, while the maximum sentence for a class C felony is seven (7) years. Due to his prior conviction for manufacturing a controlled substance, however, the defendant was charged as a prior drug offender, which increased the maximum sentence for the class C felonies to fifteen (15) years in prison.