- PHOTO BY KAORI FUNAHASHI
- Cal Poly student and ex-Delta Sigma Phi president Gear McMillan, seen here in court on Oct. 21, 2014, pleaded no contest to a felony "marijuana possession for purpose of sale" charge on Feb. 6.
Cal Poly student and ex-Delta Sigma Phi President Gear McMillan pleaded no contest to a felony "marijuana possession for purpose of sale" charge on Feb. 6. A plea of no contest results in a conviction but is not an admission of guilt.
The Delta Sigma Phi fraternity house where McMillan was arrested on suspicion of drug possession was also the site of an alleged armed robbery last year. The legal case against five Cal Poly students accused of perpetrating that robbery is still proceeding independent of McMillan's case.
According to McMillan's attorney Robert McMahon, the other felony charge his client was facing, unlawful possession of "amphetamine" for purpose of sale, was dismissed as a condition of the plea agreement.
Assistant District Attorney Lee Cunningham wrote in a press release that McMillan is slated to be sentenced on April 17, adding that "he will be sentenced to no more than one year in county jail as one of the terms of his probation grant."
McMahon deferred comment on the plea agreement, but added that "there's a lot of positive things to be said about my client."