Atkinson man sentenced in stolen pickup case

A theft by receiving stolen property was dropped as part of a plea deal, but the Atkinson man accused of the theft will still serve time in the county jail – for possession of methamphetamine and false reporting.

Jose L. Rivera, 38, of Atkinson faced the Honorable Mark Kozisek in the Holt County district courtroom in O’Neill on May 10 for sentencing on four counts.

Kozisec sentenced Rivera to serve 250 days in the Holt County Jail, with credit for 111 days previously served, for Count II, possession of a controlled substance, a Class 4 felony, and 180 days, with 111 days credit, for Count III, false reporting, a Class 1 misdemeanor, to be served concurrently.

Additionally, Rivera was fined $200 and his driver’s license was revoked for one year on Count IV, driving during revocation, a Class 2 misdemeanor, and he was fined $100 for Count V, unauthorized use of a propelled vehicle, a Class 3 misdemeanor. Rivera was taxed $147 costs of prosecution.

Provided he loses none of his good time, Rivera must serve 133 days, less 111 days, before his mandatory release.

Represented by Holt County public defender, Rod Smith, Rivera, on March 8, pleaded no contest and was judged guilty to counts II through V, by Kozisec, pursuant to the plea agreement. In return, Holt County attorney Brent Kelly dismissed Count I, theft by receiving stolen property valued at $5,000 or more, a Class 2 felony.

Rivera was arrested by an O’Neill police officer June 5, 2020, after a pickup reported stolen from Atkinson was observed at an O’Neill convenience store. The officer, in a probable-cause affidavit, said he observed the defendant walk out of the business, take a seat inside the vehicle and close the door. A subsequent search revealed a baggie believed to contain meth, along with Rivera’s Illinois identification card.