A second monthly term of Clinton Circuit Court was conducted last Monday, August 15 with a full court docket with Circuit Judge Eddie C. Lovelace presiding. Some defendants were formally sentenced, others reached plea agreements and trial dates were scheduled, among other actions.
The following are cases in which some type of resolutions and/or ruling made last week:
* Sentencing was held in the case of Commonwealth vs. Harold Ray Amos, pursuant to a plea agreement effectuated on July 18.
The defendant pled guilty to manufacturing methamphetamine with a 13-year sentence imposed. The defendant will receive credit for jail time served and charges of controlled substance endangerment to a child-fourth degree and possession of a handgun by a convicted felon were dismissed.
* Sentencing was held in the case of Commonwealth vs. Sandra K. Wallace, pursuant to a plea agreement effectuated on July 15.
The defendant pled guilty to manufacturing methamphetamine with an 11-year sentence imposed. The defendant will receive credit for time served and the following charges were dismissed: manufacturing methamphetamine, trafficking in a controlled substance-first degree; possession of a controlled substance (meth)-first degree; possession of drug paraphernalia; possession of marijuana; and two counts of possession of a controlled substance under a separate indictment.
* Sentencing was held in the case of Commonwealth vs. Wesley Brumley, pursuant to prosecution motion heard on July 18 to revoke pretrial diversion.
The defendant acknowledged that on February 7, he was granted a sentence of two years, pretrial diverted for three years on the charge of marijuana cultivation. He further acknowledged that the condition of the diversion was he remain drug and alcohol free but tested positive for methamphetamine on June 10. The court voided the pretrial diversion and pronounced formal sentence.
* Sentencing was held in the case of Commonwealth vs. Joseph Edward Craig, pursuant to a jury trial held June 28 in which the defendant was convicted of one count of receiving stolen property with a one-year sentence being imposed and he will receive credit for time served.
* A plea agreement was reached in the case of Commonwealth vs. Marzanka S. Neal.
The Commonwealth recommended that upon a plea of guilty to wanton endangerment-first degree, the defendant would serve 2 1/2 years and upon a plea of guilty to operating a motor vehicle under the influence, a 60 day sentence would be imposed to run concurrent for 2 1/2 years.
Under terms of the plea the following charges would be dismissed: operating a motor vehicle under the influence (agg. circumstances) and failure to maintain insurance and receive credit for time served.
Final sentencing was scheduled for September 6.
* Sentencing was held in the case of Commonwealth vs. Angela Dawn Albertson, pursuant to a plea agreement reached on April 18.
The Commonwealth recommended a charge of manufacturing methamphetamine be amended to facilitation to manufacture meth and a charge of possession of marijuana be dismissed. On a plea of guilty to facilitation to manufacture meth, the defendant would receive a five-year sentence, probated for five years with supervision and truthfully testify in another case and enroll in and successfully complete the Drug Court Program.
* Sentencing was held in the case of Commonwealth vs. James Michael Albertson, pursuant to an agreement made April 18.
The Commonwealth recommended the charge of manufacturing methamphetamine be amended to facilitation to manufacture meth and upon a plea of guilty to that charge, the defendant would receive a five-year sentence, probated for five years with supervision. He would also truthfully testify in another case, enroll in and complete the Drug Court Program and a charge of possession of marijuana was dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jimmy Duvall. Under terms of the plea, a charge of cultivating marijuana over five plants would be amended to less than five plants. Upon a plea of guilty to marijuana cultivation of less than four plants, the defendant would receive a 12-month sentence, probated for two years with supervision.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Lisa York. The Commonwealth recommended that upon a plea of guilty to trafficking in a controlled substance-first offense, the defendant would receive a 10-year sentence, probated for five years supervised and receive credit for time served, including a contempt sentence which has been served.
Final sentencing is scheduled for September 19.
* During a hearing in the case of Commonwealth vs. Craig E. McAdams, charged with several drug related offenses, including manufacturing methamphetamine, the court denied presumptive probation under House Bill 463 based on the fact the defendant had previous convictions in Tennessee and substances found in the defendant’s residence were of a dangerous and volatile nature, and thus represented a danger to the community.
* During a hearing in the case of Commonwealth vs. Indika Lynn Sears, charged with, among others, first degree possession of a controlled substance, carrying a concealed deadly weapon and first degree promoting contraband, the court informed the parties it would not accept the proposed plea agreement.
* During a hearing in the case of Commonwealth vs. Matthew Shelton, charged with, among others, two counts of first degree wanton endangerment, persistent felony offender-second degree and convicted felon in possession of a handgun, the court informed the parties it would not accept the proposed plea agreement.
* During a motion for expungement in the case of Commonwealth vs. Don Stockton, originally charged with cultivation of marijuana-first offense, the court sustained the motion for expungement pertaining to all cases relating to the case.
* During a pretrial conference in the case of Commonwealth vs. Michael R. Woodyard, charged with theft by deception under $10,000 the court would not accept a plea agreement because of probation granted. The Commonwealth dismissed the action without prejudice.
* In the case of Commonwealth vs. Jeffery Clark, charged with cultivation of marijuana, five or more plants, first offense, the defendant did not appear and a warrant of arrest was issued.
* During an arraignment in the case of Commonwealth vs. Randy D. Asberry, charged with seven different counts including persistent felony offender-first degree, bail jumping and receiving stolen property, the defendant entered a plea of not guilty and a trial date was scheduled for November 9.
* During a pretrial conference in the case of Commonwealth vs. Jesse W. Pittman, charged with escape-second degree, a trial date of September 30 was scheduled with a pretrial conference scheduled for September 19.
* During motion hour in the case of Commonwealth vs. Ashley Stinson, charged with trafficking in a controlled substance and contempt of court, a trial date was scheduled for October 28.
* During motion hour in the case of Commonwealth vs. Joseph Edward Craig, the court found that (attorney) Lee Whittenburg (of Monticello) was in contempt of court for not appearing in (Clinton Circuit) Court on August 1 for the Craig case, as well as the case of Commonwealth vs. Jimmy Duvall. The court sentenced Whittenburg to three days in jail and a $250 fine.
Several other cases were on the docket that were continued for various reasons, including some involving competency hearings.