WORTHINGTON — A Worthington man received his sentence Monday morning for fifth-degree drug sale.
Pavit Xayphantho, 37, was arrested in January 2016 after law enforcement pulled him over for driving after license suspension.
Initially facing four charges, Xayphantho plead guilty to fifth-degree drug possession in exchange for the dismissal of the remaining charges. Xayphantho's defense lawyer entered a request that the defendant receive credit for the 425 days he served for a federal drug crime and that the case be closed administratively, rather than Xayphantho needing to re-enter the jail system.
The state disagreed.
Assistant county attorney Braden Hoefert asserted that the time Xayphantho served for his federal offense was unrelated to the crime for which he would be sentenced in this case.
"I don't know why we would forgo the chance for probation and rehabilitation," Hoefert said.
Fifth Judicial District Judge Terry Vajgrt ultimately sentenced Xayphantho to 12 months and one day in prison, with a stay of execution. Xayphantho must abide by probation terms for three years and, if he violations his conditions, will have to serve the 12-month sentence. Vajgrt also imposed a $700 fine.