The first monthly session of Clinton Circuit Court was conducted last Wednesday, September 5 with special judge James M. Bowling presiding. Several cases involved plea agreements and revocation hearings and a few trial dates were docketed.
The following are cases in which some type of resolution was made:
* Sentencing was held in the case of Commonwealth vs. Tyler E. White, pursuant to a plea agreement effectuated on July 27.
The defendant entered a guilty plea to possession of a meth precursor and received a five-year sentence, and guilty of possession of a controlled substance (meth) with a one-year sentence, to run consecutive for a total of six years. The sentence is to be probated for five years with supervision and he will receive credit for time served as to be determined by the Kentucky Department of Corrections.
Under terms of the agreement, charges of manufacturing methamphetamine and possession of drug paraphernalia were dismissed.
* During a review, a plea agreement was reached granting pretrial diversion in the case of Commonwealth vs. Carla Moles.
Upon a plea of guilty to possession of a meth precursor, the defendant would receive a three-year sentence, pretrial diverted for five years with supervision and receive credit for any time served. Also, charges of possession of a controlled substance first degree (meth) and manufacturing methamphetamine would be dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ricky Dewayne Jones.
Upon a plea of guilty to theft by unlawful taking over $500 and persistent felony offender second degree, the defendant would receive a seven and-one-half year sentence, probated for five years with supervision and be assessed by a Social Services clinician and follow any recommended treatment.
Final sentencing was scheduled for October 22.
* A revocation hearing was held in the case of Commonwealth vs. Cassie Renae Hutchins, pursuant to a prosecution motion requesting probation be revoked.
The defendant acknowledged that she was sentenced for the charge of possession of a controlled substance first degree (two counts) and received a three-year sentence on each count to run concurrent for three years, probated for three years. As part of the probation, she was to enter and complete the Clinton County Drug Court Program. She acknowledged she was terminated from the program, thus the court revoked probation and credited the defendant for any time served.
* Sentencing was held in the case of Commonwealth vs. Brandon Hall, pursuant to an agreement effectuated on August 1.
The defendant entered a plea of guilty to flagrant nonsupport with a five-year sentence imposed, probated for five years without supervision, with the defendant to pay support payments and arrearage. He will also received credit for any time served as to be determined by the Kentucky Department of Corrections.
* Sentencing was held in the case of Commonwealth vs. Bethany J. Groce, pursuant to an agreement effectuated on July 27.
The defendant entered a plea of guilty to possession of a meth precursor with a five-year sentence imposed, probated for five years with supervision and received credit for time served as determined by the Department of Corrections. She will also be referred to the Social Service Clinician. Under terms of the agreement, charges of manufacturing methamphetamine, possession of a controlled substance first degree (meth) and possession of drug paraphernalia were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Terry Joe Dial.
Upon a plea of guilty to rape third degree, the defendant would receive a five-year sentence, serve 225 days in jail, with the balance of the sentence probated for five years with supervision and he would receive credit for time served and have no contact with the victim.
Also under terms of the plea, the defendant was to be released from jail September 9 with final sentencing scheduled for November 19.
* A revocation hearing was held in the case of Commonwealth vs. Frankie Davidson, pursuant to a prosecution request to revoke probation previously granted.
The defendant acknowledged that on December 5, 2011, a sentence on a plea of guilty was entered for him on the charge of complicity to theft by unlawful taking over $500, with a five-year sentence, probated for five years, being imposed. A condition of probation was for the defendant to refrain from the use of drugs or alcohol. He acknowledged that on August 15, he admitted testing positive for hydrocodone and marijuana. The court revoked probation and credited the defendant for any time served to be determined by the Department of Corrections.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Carolyn Davidson.
Upon a plea of guilty to the charge of receiving stolen property under $10,000, the defendant would receive a sentence of five years, pretrial diverted for five years, or until restitution of $7,000 is paid in full and a charge of engaging in organized crime-criminal syndicate would be dismissed.
* Sentencing was held in the case of Commonwealth vs. William Paul Daniel, pursuant to a prosecution motion filed August 1 to revoke pretrial diversion.
The defendant acknowledged that on February 7, 2009 he was granted a three-year sentence, pretrial diverted for five years on a charge of flagrant nonsupport, with the diversion to continue until arrearage was paid in full. The defendant further acknowledged that on January 16 of this year, the Commonwealth filed a motion to revoke pretrial diversion and on February 6, it was determined he would enter and complete the Clinton County Drug Court Program in lieu of revocation. He further acknowledged he was terminated from that program on July 16.
The court revoked probation and imposed the balance of the three-year sentence, with any time served credited to be calculated by the Department of Corrections.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. James Brian Abston.
Upon a plea of guilty to theft by unlawful taking or disposition over $10,000 the defendant would receive a five-year sentence, to run concurrent with another indictment in Clinton Circuit Court and the charges of criminal mischief second degree and persistent felony offender second degree would be dismissed.
Final sentenced is scheduled for October 22.
* A trial date of February 24, 2013 was scheduled in the case of Commonwealth vs. Ada Dicken, charged with two counts of first degree wanton endangerment.
* A trial date of February 25, 2013 was scheduled in the case of Commonwealth vs. Emma Kisha Comstock, charged with three counts of possession of a forged instrument, and one count each of criminal trespass first and third degree, theft by unlawful taking and no operator’s license/moped.
* A trial date of November 2 was scheduled in the case of Commonwealth vs. Tommy Claborn, charged with convicted felon in possession of a handgun.
* During a revocation hearing in the case of Commonwealth vs. Gloria Brumley, charged with second degree trafficking in a controlled substance, first offense, the defendant did not appear. The court noted that a warrant of arrest for probation violation had previously been issued.
* During a revocation hearing in the case of Commonwealth vs. Charlie Kay York, charged with burglary second degree and two counts of persistent felony offender second degree, the defendant failed to appear and the court noted that a warrant of arrest was previously issued for probation violation.
A few other cases also came before the court last Wednesday, with one defendant being arraigned, entering a not guilty plea and having a pretrial conference set. A few other cases were continued for various reasons.