May Circuit Court calender released

Posted May 31, 2017 at 9:18 am
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The monthly term of Clinton Circuit Court was conducted Thursday, May 11 with Judge David L. Williams presiding. The docket was a little shorter than some and the following are cases in which some type of resolutions were reached, ruling made or trial dates being scheduled.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jonathan T. Dyer.

The Commonwealth recommended amending Operating a Motor Vehicle under the influence, 4th offense to third offense. The Commonwealth further recommended that upon a plea of guilty to wanton endangerment first degree the defendant would receive a three year sentence, probated for four years with supervision and on a plea of guilty to DUI, third offense, the defendant would receive a sentence of 30 days and receive credit for time served and the defendant would pay $500 in fees plus court costs.

The following charges were dismissed: fleeing or evading police second degree; disregarding stop sign; leaving the scene of an accident/failure to render aid or assistance; and, driving on a revoked license for DUI third offense.

Final sentencing is scheduled for June 18.

* During motion hour, in the case of Brandy Lee Pitman, charged with trafficking in a controlled substance first degree, first offense, the defendant acknowledged violating terms and conditions of pretrial diversion and same was revoked. Final sentencing was scheduled for May 24.

* During motion hour, in the case of Commonwealth vs. Amy N. Burchett, charged with possession of a controlled substance first degree (meth), possession of marijuana, drug paraphernalia and public intoxication, the defendant acknowledged having violated the terms and conditions of pretrial diversion and same was revoked. Final sentencing was scheduled for May 24.

* During motion hour in the case of Commonwealth vs. Tony Lowhorn, charged with theft by unlawful taking, criminal trespass third degree, receiving stolen property, burglary third degree, and persistent felony offender, first degree the court sustained a motion to revoke shock probation.

* During motion hour in the case of Commonwealth vs. Dwight Junior Guffey, charged with persistent felony offender second degree, possession of drug paraphernalia, possession of a controlled substance and promoting contraband first degree, the court sustained a motion to revoke shock probation.

* During a review, in the case of Commonwealth vs. Travis C. Flowers, charged with theft by unlawful taking (two counts), the court ordered the defendant to serve 10 days in jail for having a positive drug test.

* During another pretrial conference in the case of Commonwealth vs. Ricky Lee York, charged with arson, three counts of attempted murder and four counts of persistent felony offender second degree, the court wrote, “trail date previously set remains.”

* During a pretrial conference, in the case of Commonwealth vs. Byron R. Taylor, charged with theft by unlawful taking over $500 but less than $10,000 and persistent felony offender second degree, a trial date of August 15 was scheduled with a pretrial conference on June 8.

* During arraignment in the case of Commonwealth vs. Anthony B. Lee, charged with assault second degree, the defendant entered a plea of not guilty. A trial date was set for August 15 and a pretrial conference for June 8.

* During motion hour, in the case of Commonwealth vs. Jason Lee Savage, charged with flagrant nonsupport, in lieu of revocation, the defendant shall serve a 30-day sanction with a review set for July 3 and the defendant is to show proof of employment.

* During motion hour, in the case of Commonwealth vs. Tommy Eugene Phillips, charged with theft by unlawful taking, persistent felony offender second degree, and forgery second degree, in lieu of revocation, the defendant shall enter and complete the Clinton County Drug Court Program.

* In the case of Commonwealth vs. Brett Wayne Murphy, charged with two counts of wanton endangerment first degree, in lieu of revocation the defendant shall enter and complete the Clinton County Drug Court Program.

* In the case of Commonwealth vs. Matthew Shelton, charged with cultivation of marijuana, manufacturing methamphetamine and persistent felony offender second degree, the court sustained a motion granting shock probation.

* During a review, in the case of Commonwealth vs. Vanessa M. Ferrell, originally charged with possession of a controlled substance and drug paraphernalia, the court ordered the case be dismissed/diverted.

* During a motion to revoke, in the case of Commonwealth vs. Phillip P. Cape, charged with assault first degree and wanton endangerment first degree, the defendant was not present, a warrant of arrest was issued and he will be placed in NCIC.

Several other cases were on the docket, with some defendants not being transported, some being arraigned and entering no guilty pleas with pretrial dates scheduled and other cases were continued for various reasons.