Pubdate: Thu, 09 Aug 2007 Source: Naples Daily News (FL) Copyright: 2007 Naples Daily News. Contact: http://www.naplesnews.com/ Details: http://www.mapinc.org/media/284 SENTENCE SET ASIDE FOR CONVICTED DRUG TRAFFICKER A Collier County judge who sentenced a 26-year-old Tampa man to 15 years in a state prison on marijuana trafficking charges on Tuesday set aside the hefty term a day later and ordered a mandatory presentence investigation. Collier County Circuit Judge Frank Baker will hold a sentencing hearing Aug. 15 for Neury Rivero Morera, who was sentenced Tuesday, just minutes after a jury deliberated roughly 10 minutes and convicted him of trafficking 25 to 20,000 pounds of marijuana and possessing drug paraphernalia. Baker issued an order setting aside his sentence Wednesday and ordered a PSI, as required by law for defendants convicted at trial. The PSI involves a review of a defendant's criminal history, aggravating and mitigating factors, and results in a sentencing recommendation based on a scoring system. But judges don't have to follow the recommendation. The Cuban-born Rivero, who was here legally and has no criminal history, faced a maximum of 30 years, but Baker imposed half, ordered him to serve the three-year mandatory minimum, day for day, and imposed the mandatory $25,000 fine. He also sentenced him to 10 years of probation after his release. Rivero was arrested on March 29 after Collier County Sheriff's Office Vice and Narcotics Bureau detectives found him inside a marijuana growhouse at 490 14th St. N.E. in Golden Gate Estates that contained 202 plants, high powered lights, generators, transformers and an elaborate fertilizing pump system. His keychain contained keys to the home, which was never used for living, and the two rooms used to grow pot. Deputies also found a common growhouse fertilizer in his car trunk. - --- MAP posted-by: Derek