May session of Clinton Circuit Court conducted

Posted May 12, 2011 at 1:27 pm

The first session for this month of Clinton Circuit Court was conducted last Tuesday, May 3 with Circuit Judge Eddie C. Lovelace presiding over several cases on the docket.

The following are cases in which some type of resolution were reached, official actions taken and/or trial dates scheduled:

* Sentencing was held in the case of Commonwealth vs. Tabitha Lynn Dicken, pursuant to a plea agreement reached on April 4.

The defendant entered a plea of guilty to possession of a forged instrument-first degree, with a two-year sentence imposed. The sentence will be probated for two years with supervision with the defendant to pay restitution within 150 days. In accordance with the agreement, the charge of theft by unlawful taking less than $500 was dismissed without prejudice.

* During a revocation hearing in the case of Commonwealth vs. George Lynn Claborn II, pretrial diversion was revoked.

The defendant acknowledged that on April 19, 2010 he was granted a sentence of four years, serve 120 days with the balance pretrial diverted for four years on the charge of operating a motor vehicle on a revoked or suspended license while under the influence-second offense.

The defendant further acknowledged that on January 28, 2011 he was arrested for DUI-fourth offense, driving on a suspended license-third offense, improper registration plate and reckless driving and had failed field sobriety tests. The court directed pretrial diversion be revoked. Final sentencing is set for June 6.

* During a revocation hearing in the case of Mary Danielle Hurt Hutton, the defendant advised the court she wished to represent herself. Attorney Angie Capps was appointed to advise the defendant during the hearing.

The action came pursuant to a Commonwealth motion to revoke probation that was previously granted the defendant. The court heard testimony from both sides as well as closing statements.

The court found that on July 7, 2008, the defendant had pled guilty to criminal possession of a forged instrument-second degree and persistent felony offender-second degree with an eight-year sentence imposed, probated for five years with supervision. The defendant signed a document with conditions of supervision, including not to associate with convicted felons and to report timely to her probation officer.

The court concluded that during the period of November, 2010 she did not report to her probation officer and there was testimony that the defendant has associated with convicted felons and thus had violated terms of probation. The court revoked probation previously granted and imposed sentence. The defendant received credit for 43 days time served.

* Sentencing was held in the case of Commonwealth vs. Jason Paul Hanna, pursuant to an agreement reached on April 4.

The defendant entered a guilty plea to flagrant nonsupport, with a sentence of five years imposed, probated for five years or until child support arrearage is paid in full. He was also credited with 71 days time served.

* Sentencing was held in the case of Commonwealth vs. Sandy Neal, pursuant to an agreement effectuated on July 19, 2010.

The defendant pled guilty to criminal possession of a forged instrument-second degree with a three year sentence imposed. The defendant was credited with 121 days time served.

* Sentencing was held in the case of Commonwealth vs. David Looper, pursuant to an agreement effectuated on November 29, 2007.

The defendant entered a guilty plea to theft by unlawful taking or disposition over $300 (two counts) with a four-year sentence imposed on each count to run concurrent for a total of four years. The amount of jail time credited will be determined.

* During motion hour, an agreement was reached in the case of Commonwealth vs. Dwight Herald.

The Commonwealth recommended that upon a plea of guilty to manufacturing methamphetamine-first offense, the defendant would receive a 10-year sentence to run consecutive with a six-month contempt of court sentence. Further, a charge of possession of a meth precursor would be dismissed. Final sentencing is scheduled for June 20.

* During a pretrial conference in the case of Commonwealth vs. Daniel Ray Young, a plea agreement granting pretrial diversion was reached.

The Commonwealth recommended upon a plea of guilty to wanton endangerment-first degree (two counts) the defendant would receive a three year sentence on each count to run concurrent and the sentence be pretrial diverted for three years with supervision.

* In the case of Commonwealth vs. Keith Edward Smith, a hearing to reduce bond was held. After testimony, the court reduced the defendant’s bond to $20,000 cash or $40,000 property and also granted a defense motion for a speedy trial and set a trial date for July 22.

* During a pretrial conference in the case of Commonwealth vs. William Perdue, charged with possession of a controlled substance-first degree (meth), possession of a drug paraphernalia-second degree and persistent felony offender-second degree, the court rejected a proposed plea agreement and scheduled a trial date for July 27.

* During motion hour in the case of Commonwealth vs. Jimmy Duvall, charged with cultivation of marijuana over five plants, a pretrial conference was scheduled for August 1 and a trial date scheduled for August 10.

* During motion hour in the case of Commonwealth vs. Jeffery Clark, charged with cultivation of marijuana over five plants, a pretrial date of August 1 and trial date of August 10 were scheduled.

In a case brought before the court last Thursday, May 5, in the case of Commonwealth vs. Craig E. McAdams, the defendant accepted a plea agreement.

The Commonwealth recommended the charge of manufacturing methamphetamine be amended to complicity to manufacture methamphetamine. Upon a plea of guilty to the amended charge, the defendant would receive a 10-year sentence and on a guilty plea to possession of a controlled substance (meth) first degree, he would receive a five-year sentence to run consecutive for a total of 15 years.

Under terms of the plea, the following charges would be dismissed: trafficking in a controlled substance-first degree; unlawful possession of a meth precursor; possession of drug paraphernalia; and possession of marijuana.

In a case brought before the court last Friday, May 6, during a hearing for a plea agreement in the case of Commonwealth vs. Ashley Stinson, the court wrote that “based upon the defendant’s appearance…and demeanor, the court requested she be drug tested.” The defendant verbally admitting to using xanax and percocets, for which she had no prescription. She was found in contempt of court and sentenced to six months in jail. The court did not hear the plea last week on charges of trafficking in a controlled substance-first offense.

Some other cases also came before the court last Tuesday, May 3, with a couple of cases ordered for competency evaluations and other cases were continued for various reasons.