TWIN FALLS • A woman who was scheduled to be sentenced on a drug charge Monday has asked to take back her guilty plea.
Tina Deane, 49, was initially charged with possession of methamphetamine, possession of drug paraphernalia and injury to a child.
Police said Deane allowed her 10-year-old son to live in a home filled with drugs, drug paraphernalia and animal feces.
At Monday’s hearing in Twin Falls County court, Deane’s attorney, Ron Bird, said Deane intended to ask to take back her guilty plea and have a trial, partly because she was worried about her eligibility for Social Security disability insurance.
“I would like to take back my plea because one - I’m not guilty,” Deane said. “I will lose my son and I will lose my SSI.”
Without insurance, Deane said, she wouldn’t be able to pay for her medications and her health would quickly deteriorate, she said.
In June, prosecutors dropped the misdemeanor paraphernalia charge and in July, the injury to a child case was dropped, also a misdemeanor.
As part of a plea deal, Deane was going to face up to seven years in prison and a $15,000 fine on the felony drug charge. Prosecutors planned to recommend two years of supervised probation, a drug evaluation and 100 hours of community service. If she successfully completed probation, prosecutors would recommend that a judge set aside her guilty plea and dismiss the drug charge.
Deane signed the deal on June 20. She pleaded guilty on June 24.
Bird said that Deane made it clear she didn’t want him to be her attorney any longer and requested to withdraw from the case.
District Judge Richard Bevan said she would consider Deane’s request for a trial, but said it may not happen.
Jill Sweesy, the deputy prosecutor on the case, said Deane’s request to take back her guilty plea nullified the plea deal in the case.
“The state can ask for whatever it wants,” she said.
A hearing was set for Sept. 9.
On Jan. 15, Twin Falls County sheriff's deputies and other agencies served a search warrant at the home where Deane, 49, and several other people live in the 1500 block of Maple Street in Twin Falls.
Deane told police she did not know how any of the illegal items got into her room, a police report says.