Pot grower asks for judgment to be overturned

SANDPOINT - A Bonner County man convicted of growing marijuana argues the judgment against him should be overturned because of ineffective defense counsel.

Christopher Amparan claims his attorney failed to file a timely motion for reconsideration of his sentence and improperly advised him about his remarks during a presentence investigation, according to a petition for post-conviction relief pending in 1st District Court.

Amparan, 46, pleaded guilty to a reduced charge of manufacturing a controlled substance and was sentenced to 18 months to three and a half years in prison. Amparan was originally charged with trafficking, which could have resulted in a mandatory minimum prison sentence of 15 years.

Amparan was charged after sheriff's narcotics agents raided his property in Colburn in 2005 and discovered 25 plants in an indoor grow room and more than a pound of harvested pot in a freezer, according to court documents.

In his petition for relief, Amparan said former Chief Public Defender Hugh Nisbet missed the deadline to ask District Judge Steve Verby to reconsider his sentence. The motion for reconsideration, in which Amparan said his sentence was excessive and his growing operation was for medicinal use, was rejected.

Amparan also argues in the petition that Nisbet neglected to inform him that he had a right to remain silent during the presentence investigation, which delves into a defendant's criminal and social background. Amparan contends his comments during the presentence interview ultimately resulted in a stiffer sentence.

Amparan argues his conviction was unconstitutional

Amparan served his sentence at the Idaho Correctional Institution in Orofino before being released onto parole, according to court documents and IDOC. He is also appealing his judgment to the Idaho Court of Appeals, court records indicate.