Bismarck Tribune

By JENNYMICBy JENNYMICHAEL

A Bismarck woman has been sentenced to six years in prison for a second conviction for delivery of methamphetamine.

South Central District Judge Sonna Anderson sentenced Nicole Eileen Jacobs, 33, to eight years with two years suspended and three years of supervised probation for delivery of methamphetamine within 1,000 feet of a school. Anderson sentenced Jacobs to three years for possession of drug paraphernalia, and that sentence will run concurrently to the delivery sentence.

Jacobs will get credit for 262 days she has spent in jail since her arrest.

Jacobs was convicted of the two charges by a 12-member jury on Nov. 15.

Delivery of methamphetamine within 1,000 feet of a school is a Class AA felony, punishable by up to life in prison. According to the North Dakota Century Code, a second conviction for the offense carries a mandatory minimum sentence of eight years in prison.

However, Kent Morrow, Jacobs' appointed defense attorney, argued Wednesday that Jacobs' first conviction was not for an offense that occurred within 1,000 feet of a school. The mandatory minimum sentence for a second conviction of delivery of methamphetamine when the offense does not occur within 1,000 feet of a school is five years in prison.

Morrow said the law is unclear of what the mandatory minimum sentence would be in Jacobs' situation.

Burleigh County Assistant State's Attorney Justin Schwarz, standing in for Assistant State's Attorney Cynthia Feland, said he felt the eight-year minimum mandatory applied in the case. Feland prosecuted the case but was not available for the afternoon hearing.

"It's not clear" which minimum sentence applied, said Anderson after studying the statutes.

Anderson decided the five-year minimum mandatory was appropriate in the case.

Law enforcement made a traffic stop in April, where they seized methamphetamine and methamphetamine paraphernalia during a vehicle search. The officers learned that the methamphetamine may have come from Jacobs' home.

Jacobs was living in a family-unit dorm as a student at United Tribes Technical College. Her residence was near the campus elementary school.

She was charged with possession of methamphetamine with intent to deliver within 1,000 feet of a school and possession of drug paraphernalia after authorities searched her home and found methamphetamine and evidence suggesting drugs were being distributed there.

Jacobs said Wednesday in court that she has found God during her time in jail. Crying, she said she wants a second chance.

"I've hurt my kids. I've hurt my family and friends, people who trusted me, all because I made a stupid choice," she said.

"I can't take back what I've done, but I can work on getting better," she said. "It took me getting caught for me to realize there is a God."

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com)