December term of circuit court held last Monday

Posted December 15, 2011 at 2:59 pm

The first session this month for Clinton Circuit Court was held last Monday, December 5 with Circuit Judge Eddie C. Lovelace presiding over several cases that were on the docket.

The following are cases in which some type of final resolution was made and/or trial dates scheduled:

* Sentencing was held in the case of Commonwealth vs. Randy D. Asberry, pursuant to an agreement reached on November 9.

The Commonwealth recommended that two counts of persistent felony offender first degree be amended to second degree. Upon a plea of guilty to receiving stolen property over $500 (two counts) and persistent felony offender second degree (two counts), the defendant would receive a 10-year sentence on each charge to run concurrent for 10 years, probated for five years with supervision and under the condition the defendant be enrolled in a rehabilitation center for a minimum of six months.

Also under terms of the plea, the following charges were dismissed: receiving stolen property over $300; persistent felony offender first degree (two counts); theft by unlawful taking over $500; receiving stolen property under $500 and first degree bail jumping.

* Sentencing was held in the case of Commonwealth vs. Frankie Davidson, pursuant to a plea agreement effectuated on November 7.

Under terms of the plea, the defendant pled guilty to theft by unlawful taking over $500 with a five-year sentence imposed, probated for five years with supervision.

* Sentencing was held in the case against Nathaniel Johnson, pursuant to a motion by the Commonwealth to revoke pretrial diversion.

The defendant acknowledged that on July 27, he was given a sentence of three years on a charge of trafficking in a controlled substance second degree, with the sentence pretrial diverted for three years. A condition of the diversion was the defendant reside in Pall Mall, Tennessee. However, he acknowledged that he had moved his residence to Albany, which was a violation of the conditions.

The court revoked the pretrial diversion and pronounced the original three-year sentence.

* Sentencing was held in the case of Commonwealth vs. Ashley Stinson, pursuant to an agreement effectuated on October 28.

The defendant pled guilty to trafficking in a controlled substance first degree, with a five-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant will serve 120 days with the balance of the sentence probated for five years with supervision.

* During a pretrial conference in the case of Commonwealth vs. Steven Dewayne Posey, charged with cultivation of marijuana, five or more plants, first offense, the court informed the parties it would not accept the proposed plea agreement and set a pretrial conference date for January 3, 2012.

* A trial date of April 12, 2012 was scheduled in the case of Commonwealth vs. Matthew Martin Hall, charged with sexual abuse first degree, victim under 12 years of age.

* A trial date of March 15, 2012 was scheduled in the case of Commonwealth vs. Leah A. Claborn, charged with manufacturing methamphetamine, first offense and unlawful possession of a meth precursor, first offense.

* During motion hour, the court sustained motions to consolidate cases of Commonwealth vs. Laura Mae Birdwell, charged with manufacturing methamphetamine, first offense and Commonwealth vs. Randall L. Dicken, charged with manufacturing methamphetamine, first offense and persistent felony offender second degree. A trial date was set for both defendants for December 16.

* A trial date of January 4, 2012 remained set in the case of Commonwealth vs. Ricky Dewayne Jones, charged with theft by unlawful taking and persistent felony offender second degree.

Several other cases appeared on the docket last Monday. Some cases were continued for different reasons and some defendants appeared for arraignment purposes, entering pleas of not guilty and having pretrial conference dates scheduled.