A term of Clinton Circuit Court was held on January 8, 2015. (A February term, and a Clinton Grand Jury session was also held last Thursday but no docket or true bills have been released as of press time.)
The following are actions taken and/or trial dates set in January.
* Sentencing was held in the case of Commonwealth vs. James Brumley, pursuant to a plea agreement reached on December 11, 2014.
The defendant pled guilty to the offenses of possession of a firearm by a convicted felon (two counts) and a sentence of four years on each count to run concurrent was imposed. The defendant also pled guilty to the offenses of receiving stolen property (two counts) and persistent felony offender second degree (two counts) with a seven year sentence on each count to run concurrent. The four-year sentence will run consecutive with the seven year sentence for a total sentence of 11 years.
Pursuant to the recommendation of the Commonwealth, the 11-year sentence will be probated for five years with supervision and the defendant will receive credit for time served, among other court ordered stipulations. In accordance with the agreement, charges of receiving stolen property (two counts) and persistent felony offender (two counts) were dismissed.
* Sentencing was held in the case of Commonwealth vs. Roger Stevens, pursuant to a plea effectuated on December 11, 2014.
The defendant pled guilty to flagrant non-support with a five year sentence imposed.
Pursuant to the recommendation by the Commonwealth, the sentence will be probated for five years supervised and he will receive credit for time served. He will pay support at $347.15 per month plus $50 on arrearage for a total of $397.15 per month.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Nicholas Cash.
The Commonwealth recommended dismissing the charge of persistent felony offender second degree (one count). Upon a plea of guilty to theft by unlawful taking, firearm, and persistent felony offender second degree, the defendant would receive a sentence of eight years. Upon a plea of guilty to possession of a firearm, the defendant would receive a sentence of five years. The two sentences shall run concurrent for eight years, serve 180 days in jail with the balance probated with supervision and he would receive credit for time served.
Final sentencing was scheduled for March 12.
* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Brian Shane Burchett.
The Commonwealth recommended dismissing the charge of assault fourth degree. Upon a plea of guilty to wanton endangerment first degree and persistent felony offender second degree, the defendant would receive a sentence of eight years. Upon a plea of guilty to burglary third degree and persistent felony offender second degree, the defendant would receive a sentence of eight years, to run concurrent for a total of eight years. The defendant shall serve 120 days in jail with the balance probated for five years with supervision.
Final sentencing was scheduled for last Thursday, February 12.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. David Bryan Brown.
The Commonwealth recommended dismissing the charge of criminal trespass second degree. Upon a plea of guilty to theft by unlawful taking or disposition over $500 (four counts), the defendant shall receive a five year sentence to run concurrent for five years. Upon a plea of guilty to third degree burglary, the defendant shall receive a sentence of five years to run consecutive for 10 years. The defendant shall serve nine months in jail with the balance probated for five years with supervision.
Final sentencing was scheduled for last Thursday, February 12.
* During review in the case of Commonwealth vs. Adam Barnes, a motion for pretrial diversion was granted. Upon a plea of guilty to flagrant non-support, the defendant would receive a sentence of two years, pretrial diverted for two years unsupervised as long as the defendant is current on child support. He shall pay $200 per month, plus $150 in arrearage for a total of $350 per month.
* During a revocation hearing in the case of Commonwealth vs. Christopher Charles Caruthers, charged with possession of marijuana, possession of drug paraphernalia and unlawful transaction with a minor second degree, the defendant acknowledged he violated the terms and conditions of his probation and the court revoked same, with the defendant to receive credit for any time served.
* During a revocation hearing in the case of Commonwealth vs. Randall Wilkinson, Jr., charged with burglary second degree and criminal mischief second degree, the defendant acknowledged he had violated the terms and conditions of shock probation and same was revoked and he will receive credit for any time served.
* During a revocation hearing in the case of Commonwealth vs. Nathaniel Johnson, charged with flagrant non-support, the defendant was found in contempt and incarcerated until February 12 at which time he was to have been evaluated for the Clinton County Drug Court Program.
* During a revocation hearing in the case of Commonwealth vs. Jonathon Wray, charged with theft by deception, cold checks under $10,000, the court found the defendant in contempt of court and ordered he stay in jail until February 12, at which time the matter was to be reviewed.
* During arraignment, in the case of Commonwealth vs. Tarina R. Whited, charged with theft by unlawful taking, controlled substance under $10,000, the defendant entered a plea of not guilty with a pretrial conference scheduled for last Thursday and a trial date scheduled for February 24.
* During arraignment in the case of Commonwealth vs. Robert Neil Waid, charged with rape first degree, victim under 12, persistent felony offender second degree and unlawful transaction with a minor first degree, the defendant entered a plea of not guilty with a pretrial conference scheduled for last Thursday and a trial date scheduled for June 24.
* During arraignment in the case of Commonwealth vs. Roxanne M. Smith, charged with cultivation of marijuana over five plants, obscuring the identity of a machine and receiving stolen property under $10,000, the defendant entered a plea of not guilty with a pretrial conference set for March 5 and a trial date scheduled for May 19.
* During arraignment in the case of Commonwealth vs. James L. Smith, charged with obscuring the identity of a machine, cultivation of marijuana, more than five plants and receiving stolen property under $10,000, the defendant entered a plea of not guilty with a pretrial conference set for March 5 and a trial date scheduled for May 19.
Some other cases on the docket in January were continued for various reasons and in some cases, defendants were either to be assessed for, or accepted into the Clinton County Drug Court Program.