Oscar Sherrer may have only had 1 gram of marijuana in the car with him when he was pulled over in 2017 by the Tallapoosa County Narcotics Task Force, but his criminal record will cause him to serve 60 months in prison.
Sherrer, 50, of Hackneyville was before Fifth Judicial Circuit Court Judge Steve Perryman for sentencing following a conviction earlier this month for felony possession of marijuana. The felony offense is based on a previous marijuana conviction and three prior felonies. Sherrer was previously convicted of first-degree theft, third-degree burglary and felony DUI giving Perryman the ability to sentence Sherrer’s most recent marijuana possession conviction as a Class C felony.
Sherrer applied to be sentenced under the community corrections program allowing him to be in the custody of the Alabama Department of Corrections but serve his sentence outside of the fences of prison if granted. Given Sherrer’s past, Perryman was against Sherrer’s request.
“I’m not going to allow him to enter community corrections,” Perryman said.
Sherrer could have been sentenced to between 18 and 97 months. Assistant district attorney Kevin Hall asked for 97 months, but ultimately Perryman settled on Sherrer serving 60 months in prison.
The traffic stop stemmed from switched plates being on a vehicle Sherrer was driving that belonged to his daughter. When he was stopped, law enforcement found the gram of marijuana, a partially smoked blunt and an unopened package of cigarillos in the console and armrest area of the car.