by Sheila Gardner

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August 30, 2012
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Man says he's moving to Tahoe, avoids probation supervision

A Gardnerville man told a judge Wednesday he is moving to South Lake Tahoe as part of a plea agreement in which he will avoid supervision by the Department of Alternative Sentencing if he leaves Nevada.

Kenneth Pestana, 56, pleaded no contest in July to one count of possession of a drug not introduced into interstate commerce.

Under the agreement, Pestana had to show proof he's put his home up for sale before he was sentenced.

His lawyer, Jesse Kalter, said Pestana was in the process of moving, making trips between South Lake Tahoe and Gardnerville.

Judge Tom Perkins said Pestana would remain under supervision until he can prove he has moved permanently.

Under the deal, prosecutors dropped felony drug charges against Pestana.

He was sentenced Wednesday to 180 days in jail, suspended for two years, and ordered to pay $1,197 in fines and fees by Dec. 10.

He must obey all laws and may not have drugs or alcohol.

He is subject to unannounced search and seizure for controlled substances, alcohol or indications of criminal activity.

"If you're here, you're under supervision," Perkins said. "If you're not, you're not."

Pestana's home was searched last summer after he was stabbed by his girlfriend. Wendy Smith who was sentenced to jail in the incident.

In February, she told Perkins the couple was looking for property in California and might be moving.

Pestana has been the subject of two previous arrests in Douglas County, in 2004 and 2009. In both cases, charges were dismissed.

He was convicted of second-degree murder in 1973 and served time in Soledad Prison in California.

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Tahoe Daily Tribune Updated Aug 30, 2012 07:42PM Published Aug 30, 2012 07:35PM Copyright 2012 Tahoe Daily Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.