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Home invader sentenced to 15 months

by Cameron Probert<br> Herald Staff Writer
| March 4, 2011 5:00 AM

EPHRATA - A Moses Lake man is serving more than a year in prison after breaking into a home and fighting with the residents.

Fabian M. Rocha, 18, pleaded guilty to burglary in the first degree in Grant County Superior Court.

The charge was not changed as part of the guilty plea, according to court records.

Rocha had one previous conviction for malicious mischief in the second degree, which didn't count toward his sentencing range. He faced a sentencing range of a year and three months to a year and eight months.

Grant County Superior Court Judge Evan Sperline followed the recommendation of prosecutors and the defense attorney, sentencing Rocha to a year and three months.

"The defendant has pleaded guilty as charged and saved the taxpayers the expense of a trial and appeal that would at best result in an additional five months in jail, but would realistically only result in an additional two to three months in jail since 17 months is the presumptive sentence in this case. This conviction also constitute a strike for purposes of the three strikes law," Prosecutor Angus Lee stated

Rocha and an unidentified individual broke into a residence, on South Division Street in Moses Lake, after knocking and waking up a witness sleeping on the couch, according a Moses Lake police report. One man was carrying a baseball bat and the other carried a shotgun.

The men, wearing masks, started fighting with two of the residents. Rocha's mask was ripped off during the fight.

The residents were able to take away the weapons and the men fled, according to the police report. One victim was hit in the head and the kidneys.

Rocha was at the residence earlier in the day with a friend of the victims, when he was told to leave.