DISTRICT COURT, Nov. 10, 2010

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 DISTRICT COURT
The following decisions were rendered Wednesday, Nov. 10, 2010, in Carroll County District Court, with the Hon. Elizabeth Chandler presiding.
CIVIL
Paul White vs. Sam Melton, eviction granted, seven days to vacate.
Max Hassan vs. Crystal Kelly, forcible detainer, defendant failed to appear, eviction granted, seven days to vacate.
DOMESTIC
Sherry Hoyt vs. Theadore Hoyt, 48, domestic violence, plaintiff failed to appear, dismissed without prejudice.
Jessica Sue Moore vs. Cleveland William Riley, domestic violence order granted, three years.
FELONY
Terry Leatherman, no age given, remanded from docket on need disposition, dismissed per Commonwealth.
Michael S. McCoy, 40, flagrant non-support, dismissed without prejudice per Commonwealth.
Wendall J. Tacket, 22, bench warrant served at Montgomery County Regional jail by Kentucky State Police, owes $153.
Samantha Schaffner, no age given, first-degree criminal mischief, pleaded not guilty, preliminary hearing Nov. 18.
Megan Purvis, no age given, first-degree criminal mischief, pleaded not guilty, preliminary hearing Nov. 18.
Rowana Ford, 37, theft of controlled substance, first offense, pleaded not guilty, preliminary hearing Nov. 18.
MISDEMEANOR
Tosca R. Smith, 41, bench warrant executed for failure to appear, pretrial continued to Nov. 18.
PROBATE
Sallee Eckler, inventory, continued to Nov. 24.
Imogene Schirmer, probate hearing, probated.
Michelle May Utter, hearing, guardian appointed.
TRAFFIC
Jesus Escalona-Castaneda, 25, careless driving; no operators/moped license; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, bench trial Dec. 9.
Tina L. Meininger, 31, failure of non-owner operator to maintain required insurance, first offense, guilty, $500 fine plus three days, conditionally discharged for two years to Kentucky Alternative Program for six months, show cause Feb. 17, $143, restitution if submitted.
INDICTMENTS
Ricky W. Clarkson, 26, was indicted on count one for committing the crime of first-degree possession of a controlled substance, first offense, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he knowingly and unlawfully possessed a schedule II narcotic drug, namely Opana, first offense; on count two he was indicted for possession of marijuana, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail and/or a fine of not more than $500, in that he knowingly possessed marijuana; on count three he was indicted for possession of drug paraphernalia, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail and/or a fine of not more than $500, in that he possessed drug paraphernalia which is used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, inhaling, or otherwise introducing into the human body controlled substances.
Ashley N. May, 27, was indicted for committing the crime of first-degree bail jumping, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000, in that having been released from custody by court order upon condition to appear subsequently at a specified time and place in connection with a charge of having committed a felony, she intentionally failed to appear.
Marcelo Robles Villanueva, 23, was indicted on count one for first-degree possession of a controlled substance, first offense, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000, in that he knowingly and unlawfully possessed a controlled substance, namely cocaine, a schedule II narcotic drug, first offense; on count two he was indicted for committing the crime of speeding, punishable by a fine, in that he was driving a vehicle upon a highway in excess of the speed limit; on count three he was indicted for committing the crime of no operator’s license, a class B misdemeanor, punishable by imprisonment for not less than 90 days and/or a fine of not more than $250, in that he operated a vehicle without a valid operator’s license; on count four he was indicted for committing the crime of possession of an open alcohol beverage container in a motor vehicle, punishable by a fine of  not less than $35, nor more than $100, in that he had an open alcoholic beverage container in his motor vehicle.
Matthew S. Franklin, 23, on count one the defendant, alone or in complicity with another committed the crime of theft by unlawful taking or disposition of property with a value over $500 or more, with the intent to deprive the owner thereof a class D felony punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000; on count two he was indicted for committing the crime of possession of marijuana, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail, and/or a fine of not more than $500 in that he knowingly and unlawfully possessed marijuana; on count three alone or in complicity with another committed the crime of second-degree criminal trespass, a class B misdemeanor, punishable by imprisonment for not more than 90 days and/or a fine of not more than $250, in that he knowingly entered or remained unlawfully in a building, or upon premises which notice against trespass is given by fencing or other enclosure; on count four alone or in complicity with another committed the crime of second-degree criminal mischief, a class A misdemeanor, punishable by imprisonment for not more than 12 months and/or a fine of not more than $500, in that having no right to do so or having no reasonable ground to believe he had a right to do so, he intentionally or wantonly defaced, destroyed or damaged property belonging to AT&T causing a loss of $500 or more; on count five the defendant was indicted for becoming a second-degree persistent felony offender, punishable by imprisonment for not less than five years nor more than 10 years in the penitentiary on the offense set forth above, in that he is more than 21 years of age and stands convicted of a felony after having been convicted of a prior felony, namely by final judgment of the Carroll Circuit Court, entered on or about Aug. 2006 for the offense of third-degree burglary for which he was sentenced to three and one half years, that the defendant was sentenced to a term of imprisonment of one year or more, that he was over the age of 18 at the time the offense was committed and he completed service of the sentence imposed within five years prior to the date of the commission of the felony for which he now stands convicted, or he was on probation, parole, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he now stands convicted, or he was discharged from probation, parole, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from the previous felony conviction within five years prior to the date of commission of the felony for which he now stands convicted.
Rod M. Adams, 26, was indicted for committing the crime of first-degree possession of a controlled substance, first offense, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he knowingly and unlawfully possessed a schedule II narcotic drug, namely Oxycodone, first offense; on count two he was indicted for committing the crime of second-degree possession of a controlled substance, first offense, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail and/or a fine of not more than $500, in that he knowingly and unlawfully possessed a controlled substance namely Hydrocodone, a schedule III controlled substance, first offense; on count three he was indicted for committing the crime of possession of drug paraphernalia, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail and/or a fine of not more than $500, in that he possessed drug paraphernalia which is used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, inhaling, or otherwise introducing into the human body controlled substances; on count five the defendant was indicted for becoming a second-degree persistent felony offender, punishable by imprisonment for not less than five years nor more than 10 years in the penitentiary on the offense set forth above, in that he is more than 21 years of age and stands convicted of a felony after having been convicted of a prior felony, namely by final judgment of the Carroll Circuit Court, entered on or about Nov. 2005 for the offense of use/possess drug paraphernalia, second or subsequent offense, for which he was sentenced to three and one half years, that the defendant was sentenced to a term of imprisonment of one year or more, that he was over the age of 18 at the time the offense was committed, and he completed service of the sentence imposed within five years prior to the date of the commission of the felony for which he now stands convicted, or he was on probation, parole, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he now stands convicted.
FINAL JUDGMENTS
Lee G. Cobb, 18, pleaded guilty to first-degree criminal mischief, a class D felony and was sentenced to three and a half years imprisonment and a fine of $1,000, he was placed on probation under the supervision of the Division of Parole of the State of Kentucky for five years and is subject to their conditions, he is to serve 180 days incarceration, and is credited with time spent in custody, namely 80 days as of Oct. 25, 2010, any cash/property bond posted may be released at this time.
Michael C. Herald, 43, pleaded guilty on count one to first-degree trafficking in a controlled substance, first offence, a class C felony and was sentenced to seven years imprisonment and a fine of $1,000; on count two he pleaded guilty to first-degree possession of a controlled substance, first offence a class D felony and was sentenced to five years imprisonment and a fine of $1,000; on count three, pleaded guilty to possession of drug paraphernalia, second of subsequent offence, a class A misdemeanor and was sentenced to 12 months and a fine of $500, with said sentences to run concurrent to each other for effectively one seven year sentence and a fine of $1,000 and court costs, said sentence is to run consecutive to any backup jail time the defendant has to serve, the court hereby suspends the fine, court costs and public advocacy fee, the defendant is credited with time spent in custody, namely 142 days as of Oct. 25, 2010, the Sheriff of Carroll County will deliver the defendant to the custody of the Department of Corrections at such location within this Commonwealth as the department designates, any cash/property bond posted may be released at this time.
Tiffany A. Riley, 25, pleaded guilty to two counts of second-degree trafficking in a controlled substance, first offense, a class D felony and was sentenced to five years imprisonment for each count and a fine of $1,000 for each count; she pleaded guilty to counts three, four and five for first-degree trafficking in a controlled substance, a class C felony and was sentenced to five years on each count and a fine of $1,000 on each count, with said sentences to run concurrent to each other for effectively one five year sentence and a fine of $1,000 and court costs, the defendant was placed on probation under the supervision of the Division of Parole of the State of Kentucky for five years and is subject to their conditions,  she is to serve 180 days incarceration, and is credited with time spent in custody, namely 126 days as of Oct. 25, 2010, any cash/property bond posted may be released at this time.
Timothy R. Robbins, 26, pleaded guilty on count one to first-degree possession of a controlled substance, first offence, a class D felony and was sentenced to three and a half years imprisonment and a fine of $1,000; on count two he pleaded guilty to possession of marijuana, a class A misdemeanor and was sentenced to 12 months and a fine of $500, with said sentences to run concurrent to each other for effectively a three and a half year sentence and a fine of $1,000 and court costs, the defendant was credited with time spent in custody, namely 42 days as of Oct. 25, 2010, the Sheriff of Carroll County will deliver the defendant to the custody of the Department of Corrections at such location within this Commonwealth as the department designates, any cash/property bond posted may be released at this time.
Nina R. Smith, 25, pleaded guilty on count one to first-degree possession of a controlled substance, first offence, a class D felony and was sentenced to five years imprisonment and a fine of $1,000; on count two she pleaded guilty to possession of drug paraphernalia, first offense, a class A misdemeanor and was sentenced to 12 months and a fine of $500; on case number 10CR00053 she pleaded guilty on count one to first-degree possession of a controlled substance, first offence, a class D felony and was sentenced to five years imprisonment and a fine of $1,000; on count two she pleaded guilty to unlawful possession of a methamphetamine precursor, first offense, a class D felony and was sentenced to five years imprisonment and a fine of $1,000; on count three she pleaded guilty to possession of drug paraphernalia, first offense, a class A misdemeanor and was sentenced to 12 months and a fine of $500; on count four Smith pleaded guilty to public intoxication, a class B misdemeanor and was sentenced to 90 days and a fine of $250, with said sentences to run concurrent to each other for effectively one five year sentence and a fine of $1,000 and court costs, the defendant was placed on probation under the supervision of the Division of Parole of the State of Kentucky for five years and is subject to their conditions, she is to serve 240 days incarceration, and is credited with time spent in custody, namely 119 days as of Oct. 25, 2010, any cash/property bond posted may be released at this time.
Kristi Lynn Tuttle, 31, pleaded guilty to criminal possession of a forged prescription, a class D felony and was sentenced to three and a half years imprisonment and a fine of $1,000, public advocacy fee of $600 and court costs, the said sentence is to run consecutive to any back up time the defendant has remaining in Indiana, she is credited with time spent in custody, namely 106 days as of Oct.25, 2010, the Sheriff of Carroll County will deliver the defendant to the custody of the Department of Corrections at such location within this Commonwealth as the department designates, any cash/property bond posted may be released at this time.