The following cases were recently resolved before Gallia County Common Pleas Judge Margaret Evans:
Robert D. Peters, 27, Jackson pled guilty to breaking and entering, a felony of the fifth degree for breaking into an unoccupied structure on State Route 160 on June 22, 2017 with the purpose to commit a theft offense. Peters was sentenced to 12 months community control.
Should Peters violate terms of his community control, violate the law or leave the state without permission, the Court may extend the period of his community control, make the term more restrictive or impose a prison term up to 12 months.
Included in the sentence are orders for Peters to participate in basic supervision reporting, obtain a mental health evaluation and complete follow-up treatment and engage in trauma treatment. Peters was also ordered to pay all costs of the prosecution.
Paul Brian Morris, 46, Vinton, who pled guilty in November to a 2015 charge of Illegal Assembly or Possession of Chemicals to Manufacture Drugs (Methamphetamine), was sentenced, following a pre-sentence investigation, to 36 months community control according to his plea agreement.
Morris was originally indicted in 2015 on charges of illegal manufacture of methamphetamine and illegal assembly and possession of chemicals to manufacture methamphetamine, namely lithium batteries, cold compresses and Crystal drain opener. He was arraigned on the charges in August 2017.
In consideration of his plea, the illegal manufacture of methamphetamine charged was dismissed.
Court records state Morris’ prior criminal convictions history and four prior prison terms indicate a prison sentence would be appropriate in the case. However, Morris had entered an agreed guilty plea with the recommended sentence of 36 months community control, which Judge Evans ordered. The term is tolled (paused) during any extended time Morris is incarcerated in Indiana.
Should Morris violate terms of his community control, violate the law or leave the state without permission, the Court may extend the period of his community control, make the term more restrictive or impose a prison term up to 36 months.
Included in the sentence are orders for Morris to enter and successfully complete the Gallia County Common Pleas Drug Court, undergo intensive supervision reporting, submit to a substance abuse and mental health evaluation and follow-up treatment and successfully complete Moral Reconation Training.
Trentin N.R. Caldwell, 26, Vinton, pled guilty to violating probation by testing positive for alcohol, methamphetamines and amphetamines and denying it to his probation officer. According to court records, Caldwell had pled guilty in 2013 to Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs and fleeing and eluding. He was sentenced to three years in prison on the drug charge and 12 months in prison on the fleeing and eluding charge, to be served consecutively.
On March 28, 2017, the court granted Caldwell’s motion for judicial release and he was placed on 24 months community control. On September 26, 2017, Caldwell admitted to violating his community control and on October 3, 2017 his sentence was extended to March 28, 2021. He was ordered to successfully complete a Community Based Correctional Facility (CBCF) and upon completion, enter and successfully complete a halfway house. The soonest bed-date available in a CBCF was November 6, 2017 at STAR Facility. On October 16, 2017, Caldwell violated the terms of his community control by testing positive for alcohol, methamphetamine and amphetamine.
While the court found Caldwell’s past criminal history and prison term, as well as his pattern of drug abuse and refusal to engage in treatment for the problem may indicate prison was an appropriate sentence, documents cite consideration of ORC 2929.13 (B) and ORC 2929.12, which regulate sanctions imposed by degree of felony and the seriousness of the crime and recidivism factors.
Caldwell was sentenced to Community Control until March 1, 2021. The balance of his original four-year prison term was reserved.
It was further ordered he enter and successfully complete the STAR facility program, successfully complete a halfway house, submit to intensive supervision reporting, submit to substance abuse and mental health evaluations and complete follow-up treatment, complete 200 hours community service, engage in trauma treatment, successfully complete Moral Reconation Training and comply with 120 days of SAM (random substance abuse monitoring).