September term of Clinton Circuit Court held

Posted September 15, 2011 at 1:17 pm

The first term of Clinton Circuit Court was for the month was held last Tuesday, September 6 with Circuit Judge Eddie C. Lovelace presiding over several cases.

Some defendants received formal sentencing, two revocation hearings took place and trial dates were scheduled in some cases that were on the docket.

The following are cases in which some type of resolutions were reached or official rulings handed down in circuit court last week:

* Sentencing was held in the case of Commonwealth vs. Wilbur Eugene York, pursuant to a plea agreement reached on August 1.

The Commonwealth recommended that upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 10-year sentence. The following charges would be dismissed: possession of drug paraphernalia and possession of a controlled substance-first degree (meth).

* Sentencing was held in the case of Commonwealth vs. Brian Wayne Comstock, pursuant to an agreement reached on August 1.

The defendant pled guilty to theft by unlawful taking over $500 and persistent felony offender-second degree with a 10-year sentence imposed. Also guilty to wanton endangerment-first degree (one count) and persistent felony offender-second degree, with a 10-year sentence, to run concurrent for 10 years. The following charges were dismissed: criminal mischief-third degree, operating a motor vehicle DUI, driving on a suspended license, operating a motor vehicle on a suspended or revoked license, DUI, wanton endangerment-first degree and persistent felony offender-first degree.

* Sentencing was held in the case of Commonwealth vs. Marzanka S. Neal, pursuant to an agreement reached on August 15.

The defendant pled guilty to wanton endangerment-first degree, with a 2 1/2 year sentence imposed and guilty of operating a motor vehicle while under the influence, with a 60-day sentence. The two will run concurrent for 2 1/2 years and the defendant will pay restitution in the amount of $2,650.00. The following charges were dismissed: operating a motor vehicle on a suspended or revoked license and failure to maintain insurance.

* Sentencing was held in the case of Commonwealth vs. James Brian Abston, pursuant to a jury trial that had been held on August 2, 2011.

The jury returned a verdict of not guilty on charges of manufacturing methamphetamine and unlawful possession of a meth precursor.

The jury returned a verdict of guilty on a charge of controlled substance endangerment to a child-fourth degree and then heard proof regarding the defendant’s status as a persistent felony offender-second degree. After deliberation, the jury returned a verdict and determined the defendant was guilty of being a persistent felony offender-second degree and in the penalty phase, they recommended a one-year sentence on the charge of controlled substance endangerment to a child-fourth degree and enhanced the penalty pursuant to the defendant being a persistent felony offender-second degree, to five years.

* Sentencing was held in the case of Commonwealth vs. Dana Renee Duvall, pursuant to the results of a jury trial having been conducted on August 2.

The court granted a directed verdict on the charges of complicity to manufacture methamphetamine-first offense and unlawful possession of a meth precursor. The jury deliberated and returned a verdict of guilty on the charge of controlled substance endangerment to a child-fourth degree and recommended a one-year sentence. The charges of complicity to manufacture meth and possession of a meth precursor were dismissed.

* Sentencing was held in the case of Commonwealth vs. Donnie Edwards, pursuant to a plea agreement reached on August 1.

The defendant pled guilty to flagrant nonsupport and a sentence of one year was imposed, probated for two years with supervision and the defendant is to pay arrearage in the amount of $2,434.73 and forfeit the $1,000 cash bond which will be applied to child support arrearage.

* During motion hour in the case of Commonwealth vs. Shannon Groce, a motion by the Commonwealth was heard to revoke probation.

After testimony, exhibits and summations, the court concluded that on April 4, the defendant had received a five-year sentence of the charge of facilitation to manufacture methamphetamine, with a five-year sentence imposed, probated for five years, supervised. On August 23, the defendant admitted to the use of a controlled substance, hydrocodone and failed to report as directed. The court revoked probation and pronounced the five-year sentence.

* During a revocation hearing in the case of Commonwealth vs. Michael Reynolds, pursuant to a motion to revoke the defendant’s pretrial diversion, the court sustained the motion and revoked probation.

The court found that on November 6, 2009, the defendant entered a guilty plea to receiving stolen property over $300 and received a two-year sentence, pretrial diverted for four years on conditions he enroll and complete the Clinton County Drug Court Program. On January 9, 2010, the court ordered the supervision be changed to probation and parole due to the fact that the defendant was not accepted into the program.

The court found that on July 14, 2011, the defendant reported to his probation officer two days late, was administered a drug test and tested positive for the use of methamphetamine. He voluntarily signed an admissions/sanctions form and made an appoint to see Social Services Clinician on July 18 but failed to report for the appointment.

The court revoked probation and set a final sentencing date for September 19.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Cassie Hutchins.

The Commonwealth recommended that the charge of trafficking in a controlled substance-second degree be dismissed. The Commonwealth further recommended the charge of trafficking in a controlled substance-first degree (two counts) be amended to possession and upon a plea of guilty to possession, the defendant would receive a three-year sentence, probated for three-years with supervision. The defendant will receive credit for 90 days time served and enroll and complete the Drug Court Program.

Final sentencing is scheduled for October 3.

* During motion hour, in the case of Commonwealth vs. Leah Claborn, charged with manufacturing meth and possession of a meth precursor, the court granted a motion for relief of sureties and ordered the defendant be arrested and delivered to the jailer of Clinton County, where she will remain on $10,000 cash bond. The sureties shall be discharged from their obligation on the bond posted by them.

* During motion hour in the case of Commonwealth vs. Matthew Martin Hall, charged with sexual abuse-first degree, victim under 12 years of age, a motion was sustained for continuance. A trial date of October 28 is scheduled with a pretrial conference on October 17.

* During motion hour, in the case of Commonwealth vs. Jody Stinson, charged with possession of drug paraphernalia-second or subsequent offense, possession of marijuana and unlawful transaction of a minor, the court sustained a motion for continuance. A trial date was scheduled for November 9.

* During motion hour, in the case of Commonwealth vs. Randall Wilkinson, Jr., charged with second degree burglary and second degree criminal mischief, the court appointed Public Advocate Angie Capps to represent the defendant, who stipulated to violating the conditions of his bond by being arrested on new charges. The court revoked the bond granted and denied to set a new bond.

Several other cases were brought before the court last week, with some being continued or having future court dates scheduled for various reasons.