January circuit court report

Posted February 3, 2016 at 3:28 pm

The first 2016 year term of Clinton Circuit Court was conducted Thursday, January 7 with Circuit Judge David L. Williams presiding.

The following are cases in which some type of final resolutions were made, such as sentencing, plea agreements and/or trial dates set:

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Larry W. Thompson.

The Commonwealth recommended dismissing the following charges: burglary 3rd degree, criminal 1st degree and persistent felony offender 2nd degree (two counts). The Commonwealth further recommended amending the charge of theft by unlawful taking over $10,000 to over $500. Upon a plea of guilty to the theft of unlawful taking over $500 charge, the defendant would receive a 10 year sentence. Upon a plea of guilty to escape 2nd degree and persistent felony offender 2nd degree (under a separate indictment), the defendant would receive a 10 year sentence to run concurrent for a total of 10 years.

Final sentencing is scheduled for March 3.

* Sentencing was held in the case of Commonwealth vs. Christopher Posey, pursuant to a plea agreement effectuated on December 3, 2015.

The defendant pled guilty to the offenses of theft by unlawful taking over $500 and persistent felony offender second degree, with a sentence of seven and one-half years imposed. Also, guilty to theft by unlawful taking over $10,000 with a seven and one-half year sentence, to run concurrent for seven and one-half years. The sentence is to run consecutive to a five year sentence imposed in a separate indictment for a total of 12 and one-half years.

The defendant will receive credit for time served and charges of criminal trespass 3rd degree (two counts) and persistent felony offender first degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Albert E. Poore, Jr. pursuant to a plea agreement effectuated on December 3, 2015.

The defendant pled guilty to theft by deception over $500 and persistent felony offender second degree with a seven year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision and the defendant shall pay restitution in the amount of $600.00.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joshua Kerry Sparks.

The Commonwealth recommended dismissing the following charge: burglary 3rd degree (three counts). Upon a plea of guilty to theft by unlawful taking over $10,000, the defendant would receive a 10-year sentence, probated for five years with supervision.

* Sentencing was held in the case of Commonwealth vs. Jonathan A. Stuber, pursuant to a plea agreement effectuated on December 3, 2015.

The defendant pled guilty to possession of a controlled substance first degree with a three-year sentence imposed. Upon recommendation of the Commonwealth, the sentence shall be probated for three years with supervision and the defendant will receive credit for time served. Charges of possession of marijuana, possession of drug paraphernalia, marijuana cultivation and trafficking in marijuana were dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Donald W. Edwards.

Upon a plea of guilty to flagrant nonsupport, the defendant would receive a five-year sentence, probated for five years with supervision. The defendant is to pay regular child support of $200 per month, plus an additional $50 per month on arrearage.

* During motion hour, in the case of Commonwealth vs. Shawn Wyatt Rowe, the defendant acknowledged he had violated the terms and conditions of probation, which was revoked with the defendant to receive credit for any time served.

* During sentencing, in the case of Commonwealth vs. Danni Lynn Burgin, in lieu of revocation of sentence, the court ordered the defendant enter and complete a nine-month rehabilitation program.

* During a review in the case of Commonwealth vs. Jacob Stearns, as a sanction, the court ordered the defendant serve 30 days. The defendant shall serve one week in jail with work release and the balance on home incarceration.

* During motion hour, in the case of Commonwealth vs. Jerry Johnson, charged with trafficking in a controlled substance first offense, the defendant was found competent to stand trial, with a trial date of April 26 being scheduled and a pretrial conference set for March 3.

* During a pretrial conference in the case of Commonwealth vs. Richard Doyle Thompson, charged with trafficking in a controlled substance first offense, a trial date of May 17 was scheduled with a pretrial conference set for April 14.

* During a pretrial conference in the case of Commonwealth vs. Amanda J. Shaw, charged with criminal mischief 1st degree and theft by unlawful taking under $500, the trial date of January 19 was continued generally with a pretrial conference scheduled for March 3. Also, Attorney David Cross was relieved as counsel in the case.

* During a pretrial conference in the case of Commonwealth vs. James A. Denney, charged with theft by unlawful taking over $500 and criminal mischief 1st degree, the trial scheduled for January 19 was continued generally with a pretrial conference set for March 3. Attorney David Cross was relieved as counsel in the case.

* During a pretrial conference in the case of Commonwealth vs. Joe Chadwick Ledbetter, charged with receiving stolen property under $10,000, the trial scheduled for February 24 was continued generally with a pretrial conference set for March 3.

* During arraignment, in the case of Commonwealth vs. Willie H. Dyer, originally charged with two possession of a controlled substance first degree and possession of marijuana, the case was dismissed by request of the Commonwealth.

* During a pretrial conference, in the case of Commonwealth vs. William Layfayette Wood, the defendant did not appear and an arrest warrant was issued.

Several other cases on the docket were postponed or continued for various reasons and some defendants appeared for arraignment, each entering pleas of not guilty and having pretrial conference dates set.