SMITH COUNTY (TYLER MORNING TELEGRAPH) - A Smith County jury sentenced a former registered nurse Wednesday to two years in prison on a charge of possession of a controlled substance in a drug-free zone and five years probation on a charge of possession of marijuana in a drug-free zone.
Davina Moore, 28, of Tyler, also will have to pay a $5,000 fine on the marijuana possession charge. Both charges are third-degree felonies, Smith County Assistant District Attorney Richard Vance said. The trial took place in the Smith County 7th District Court with Judge Kerry Russell presiding.
The defendant will first serve her two-year sentence and when she is released, she will begin serving her probation, Vance said.
Ms. Moore then will serve the three years left on her probation after her two-year prison sentence. "She has no prior felony offenses, so that is why she is eligible for probation," Vance said.
If Ms. Moore violates her probation, she will go back to prison, the prosecutor said.
There were 28 vials of various medications found at Ms. Moore's home in March 2011, including hydromorphone, a medicine used to relieve severe pain, Vance said. There was also a large bag of marijuana found inside of her toilet tank, and her garage had a strong odor of marijuana, Vance said. There were also scales and currency found in the defendant's home, he said.
Ms. Moore lived within 300 feet of Clarkston Elementary School, the prosecutor said.