Austin man with history of drug convictions gets 67 months in prison for latest charge

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Dec. 2—An Austin man arrested in November has been sentenced to prison for drug possession.

Rocky Don Phathaem, 36, was sentenced to 67 months in prison or just over five and a half years for felony second degree drug possession, 25 grams or more of cocaine or methamphetamine.

He was given credit for 20 days served and two other charges in a separate case that included felony weapons possession by a felon and felony fifth degree drug possession were dismissed.

The sentence was part of a plea agreement set in late November, which dropped the drug possession charge down from first degree drug possession, 50 grams or more of cocaine or methamphetamine.

According to the court complaint, Phathaem was arrested at around 1 a.m. on Nov. 12 at the Kwik Trip on 1201 Oakland Avenue West, while officers were responding to an unrelated call.

During that call, one of the officers recognized the driver believed to be a person with an active warrant.

However, the officer also noted Phathaem sitting in the passenger seat and who also had an active warrant. Phathaem was asked to get out of the car and a subsequent search of a fanny pack on his person revealed a large package of a crystalline white substance, later tested to be methamphetamine weighing 51.5 grams.

Phathaem admitted to using, saying the amount he had in his possession usually lasted him about a week, but he denied selling.

A review of Phathaem’s criminal history shows prior convictions for third degree drugs sales dated back to Aug. 9, 2017 and July 11, 2019.

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