An Aspen man who was arrested in May for driving drunk and carrying a jar of cocaine entered a guilty plea yesterday for possession of marijuana, which he was not accused of.
The confusing plea deal left James Lowe, 57, and the audience of the full district courtroom scratching their heads Monday morning.
When asked how he wanted to plead, Lowe said, “Guilty, I guess.”
“This is not a guessing game,” responded Judge James Boyd, who asked again for a definitive answer. He then accepted Lowe’s guilty plea to possession of between 1 and 8 ounces of marijuana.
Deputy District Attorney Tony Hershey called the charge a “legal fiction” brokered by his office and defense attorney John Van Ness.
The misdemeanor to which Lowe pleaded carries six to 18 months of jail time and a fine of up to $5,000.
The cocaine charge he originally faced was a class four felony carrying a two- to six-year prison sentence.
Lowe is due back in court on Nov. 17 for his sentencing hearing.
andrew@aspendailynews.com
