A man accused of possession of both heroin and marijuana as a third or subsequent offense pleaded guilty to one of the charges in Albany County District Court today.

Jacob Montgomery,33, pleaded guilty to possession of marijuana as a third or subsequent offense as part of a plea deal. As part of the plea deal, the state will dismiss the charge of possession of a controlled substance – heroin – and will recommend probation when Montgomery is sentenced.

According to court documents, Montgomery was arrested on August 19 at about 11 p.m. when an Albany County Sheriff’s deputy pulled over the vehicle Montgomery was riding in after noticing it did not have working taillights.

During the traffic stop, the deputy recognized Montgomery from previous experience and knew that he had a warrant out for his arrest out of Laramie County for aggravated assault. The deputy arrested Montgomery after confirming the warrant and then searched a black backpack in the vehicle belonging to Montgomery. In it, the deputy found suspect marijuana and two baggies of suspect heroin. The deputy also found various items usually associated with intravenous drug use, such as a spoon, water vials, cotton balls and hypodermic needles, court documents state.

The deputy noticed while reviewing Montgomery’s history that he had two prior convictions of possession of a controlled substance, one occurring in 2003 and one in 2009.

Montgomery will be sentenced following a pre-sentence investigation. He is currently incarcerated on a $15,000 cash bond. Albany County Judge Tori Kricken said bond could be modified to allow for Montgomery to address the charges against him in Laramie County.