Clovis man gets six years in robbery

CLOVIS — For robbing a sandwich shop this summer — among other charges — a Clovis man was sentenced Friday morning to six years in prison.

But it could have been worse for him.

"The state has offered you an excellent deal on this," Judge Drew Tatum told Kelby Spain of the plea agreement that spared him a potential of more than 17 years in the Department of Corrections.

Spain, 23, pleaded guilty to the Aug. 18 robbery of Clovis' Subway location on the 700 block of East 21st Street, part of an agreement that reduced his charge from armed robbery and dismissed his charge of assault with intent to commit a violent felony.

That case was joined by the state in December with another in which he was charged with possession of a controlled substance and use or possession of drug paraphernalia, according to his attorney Ben Herrmann.

Spain also pleaded guilty Friday to those misdemeanor charges, which were connected to the robbery case in that officers said they found methamphetamine and a glass pipe on his person when arresting him Aug. 22 for the robbery, according to court records.

If Spain were convicted in trial on all of the original charges he faced a maximum penalty of 17 1/2 years in prison, Tatum told him Friday.

"These crimes cannot be tolerated in this community," Tatum added, expressing his hope that Spain would take his time in prison for self-imprisonment.

In the original criminal complaint, Clovis police officers said the robber had the Subway employee make him a foot-long bacon, lettuce, tomato and ham sandwich before handing him a note at the register stating "give me all the money" and displaying a handgun in his waistband.

Herrmann said he would have "vigorously disputed" in trial the presence of a gun during the robbery, as well as the identity of the robber himself.

He said Friday he considered the agreement a "fair and just resolution given the evidentiary issues."

The state was represented in the plea conference by attorney Mitchell Mender.

District Attorney Andrea Reeb provided this statement to The News:

"I am happy this individual will be spending time in the Department of Corrections. Mr. Spain has continuously been in trouble with the law and at this point, prison time is warranted."

Herrmann said Spain would have to serve at least half of his sentence before being eligible for parole. Spain has about six months of pre-sentence custodial time to his credit.