5 recent convictions take drug dealer off streets

PROVO — A man convicted of selling drugs is off the streets, but only because of five recent convictions, not because of an alleged lengthy history, a judge ruled.

Michael Tanner, 45, was sentenced Wednesday morning to five years to life in prison, after being convicted by a jury in October of five first-degree charges of possession with intent to distribute a controlled substance. All sentences of five years to life will run concurrently.

"I certainly understand the seriousness of methamphetamine use in this community," said 4th District Court Judge Claudia Laycock. "So in the end, I make the decision I think most appropriate on what I have in front of me. I have a drug dealer, who is selling drugs in the community and putting other people at risk. And I take that seriously."

Provo Police Sgt. Mark Troxel testified Wednesday that for nearly 10 years he and other officers had been investigating Tanner, serving search warrants to look for drugs and talking with confidential informants to gather information.

"Mr. Tanner is not just a person who takes a little bit of the drugs off the top," Troxel said. "He's a person who supplies to the community and that has a deep effect on people."

However, Laycock told Troxel she couldn't go off assumptions, because no actual distribution charges were filed against Tanner until 2004.

"Why haven't there been felonies all along the way?" she asked. "If he's done everything you're telling me and you don't have a record, that's very concerning."

Troxel explained that in the early stages, sometimes they were unable to find the drugs when they served the warrants, or they didn't want to endanger confidential informants by moving too quickly.

Laycock, once a prosecutor herself, said she understood the reasons a prosecutor would wait to file charges, but said she still had to base her ruling on the charges Tanner was actually convicted on.

Defense attorney Barbara Gonzales said the recommendation from Adult Probation and Parole for probation spoke highly of Tanner's chances to do well with supervision.

"He's never been involved with (treatment) ... which he would like to receive," Gonzales said. "He does admit he has had a problematic history with substance abuse, but we do believe he can be successful with treatment."

She said she also wanted Laycock to consider that before these convictions, Tanner's record was only minor charges.

Prosecutor Chad Grunander asked for a much harsher recommendation than the one year in jail AP&P suggested.

"Should the court follow the recommendation from Adult Probation and Parole ... he would walk today," Grunander said. "I think that's the wrong message, your honor, to Mr. Tanner and to ... the community."

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