October term of Clinton Circuit Court held

Posted October 20, 2011 at 1:31 pm

The first months term of Clinton Circuit Court was held Monday, October 3 with Circuit Judge Eddie C. Lovelace presiding.

The following are cases in which some type of official resolutions were reached and/or trial dates scheduled in cases that were on the docket:

* Sentencing was held in the case of Commonwealth vs. Christopher Wilbur, pursuant to a motion by the prosecution to revoke pretrial diversion.

The defendant acknowledged that on March 7, he was granted a three-year sentence, pre-trial diverted for three years on a charge of burglary-third degree. One of the conditions of the diversion was to enroll and complete the Clinton County Drug Court Program. He was terminated from that program and the court revoked probation and announced the balance of the three-year sentence with the defendant to be given the correct amount of time served.

* Sentencing was held in the case of Commonwealth vs. Michael Reynolds, pursuant to a motion by the prosecution to revoke pretrial diversion.

Following testimony and exhibits, the court in its oral findings and facts determined the defendant had been given a two-year sentence, pre-trial diverted for four years on November 16, 2009 on a charge of receiving stolen property over $300.

The court found that on July 14, 2011 the defendant reported two days late for his appointment with his probation officer, was administered a drug test and tested positive for the use of methamphetamine. He was given an appointment to see the Social Services Clinician on July 18 and failed to report to the appointment, nor his next appointment with the probation officer.

The court determined the defendant had violated the terms and conditions of his supervision and thus revoked the pretrial diversion and pronounced the two-year sentence, minus credit of jail time served.

* Sentencing was held in the case of Commonwealth vs. Royce Waddell Compton, pursuant to a jury trial held in Clinton Circuit Court on August 24.

The jury returned a verdict of guilty on the charge of theft by unlawful taking (firearm) and in the penalty phase, recommended a one-year sentence, which was imposed by the court. The defendant will receive credit for the correct time served.

* Sentencing was held in the case of Commonwealth vs. Cassie Renae Hutchins, pursuant to a plea agreement effectuated on September 6.

The defendant pled guilty to an amended charge of possession of a controlled substance-first degree (two counts) with a three-year sentence imposed on each count, to run concurrent for three years. The sentence will be probated for three years with supervision and the stipulation she enter and complete the Clinton County Drug Court Program. In accordance with the plea, a charge of trafficking in a controlled substance-second degree, was dismissed and she will receive credit for time served.

* During a pretrial conference in the case of Commonwealth vs. Lucas T. Pettenger, the court was informed that the plea had been offered due to a prosecuting witness’ reluctance to testify.

The Commonwealth recommended that the charge of manufacturing methamphetamine be amended to unlawful possession of a meth precursor and upon a plea of guilty to the lesser charge, the defendant would receive a five-year sentence, pretrial diverted for five years. The defendant shall enroll in a one-year rehabilitation facility with the remaining four years pretrial diverted with supervision.

* In the case of Commonwealth vs. Shelia Michelle Coop, originally charged with theft by unlawful taking of $10,000 or more, criminal mischief-second degree and persistent felony offender-second degree, the court informed the parties it would not accept the proposed plea until the defendant testifies truthfully against another defendant.

* During a pretrial conference, a trial date of January 11, 2012 was set in the case of Commonwealth vs. Michael David Hatcher, charged with disorderly conduct-second degree, resisting arrest, operating a motor vehicle while under the influence, assault-third degree (police/probation officer) and reckless driving.

* During motion hour, a trial date of February 8 and 9, 2012 was set in the case of Commonwealth vs. Robby Joe Scott, charged with trafficking in a controlled substance-first degree, possession of a meth precursor, manufacturing meth-first offense and possession of a controlled substance (meth)-first offense. Also, a hearing on a motion to establish venue was set for October 31.

* During motion hour, a trial date of February 8 and 9, 2012 was set in the case of Commonwealth vs. Shelley Lynn Dobbs, charged with manufacturing methamphetamine-second or subsequent offense, possession of a meth precursor, possession of a controlled substance (meth)-first offense, trafficking in a controlled substance-first degree and four counts of persistent felony offender-second degree. Also, a hearing on a motion to establish venue was set for October 31.

Several other defendants appeared in court, with cases being continued or rescheduled for proceedings at a later date.