GALLIPOLIS — Prison terms were handed down to three individuals in the Common Pleas Court of Gallia County after probation violations were filed in their three separate cases.
Shawn Duty, 33, Bidwell, was sentenced to 17 months in the Ohio Department of Rehabilitation and Correction on Tuesday after his community control sanction was revoked.
Duty had pleaded guilty to one count of trafficking in drugs in February 2011 after he was indicted for selling or offering to sell one Oxycontin tablet on February 2, 2010, a fourth degree felony.
Duty was subsequently sentenced on March 4, 2011, to two years of probation as per the terms of the plea agreement in this case.
In September 2012, probation violations were filed with the clerk of courts office in Duty’s case — violations that allege that he had tested positive for Oxycontin and opiates on November 11, 2011, had only made one payment toward his court costs and no payments toward his supervisory fee, had not reported to his probation officer as ordered and had not attended the FACTS program as ordered.
Duty was later arraigned in relation to the alleged violations, and, during his hearing this week, he was found guilty of the violations.
He was given credit for a total of 43 days served.
A second individual was also recently sentenced to prison in the common pleas court after his probation was revoked.
Cody L. Sinclair, 22, was sentenced on November 8 in the common pleas court to 17 months of imprisonment after probation violations were filed in his case.
The indictment in this case alleges that Sinclair trespassed on land or on premises in Gallia County on September 23, 2011, with purpose to commit a felony, and, on September 23, 2011, stole a 1999 Honda 4-wheeler, a fourth degree felony.
The defendant was arraigned on November 15, 2011, and pleaded guilty on March 15, 2012, to the charge of theft — count two of the indictment.
In April of this year, a two-year community control sanction was handed down to Sinclair in the common pleas court. As a condition of his probation, the defendant was ordered to have no contact with the victims in this case.
On September 6, probation violations were filed with the court.
Among the violations filed, were allegations that Sinclair admitted, on September 2, to an officer with the Rio Grande Police Department to taking Percocet and heroin, and, on September 4, the defendant tested positive for opiates.
Additionally, the violations allege that Sinclair failed to make appointments with the TASC program as ordered and was at a residence other than his own after midnight on September 2.
The defendant was arraigned in relation to these violations on September 6, and was, subsequently, sentenced to 17 months in the Ohio Department of Rehabilitation for his original charge of theft.
He was given credit for 14 days served.
Margo K. Smith, 30, Gallipolis, also recently appeared in the common pleas court after probation violations charges were filed in her case.
Smith was indicted in 2010 on a drug possession charge after she was in the possession of one and a half tablets of Oxycodone on May 25, 2010.
The defendant was arraigned in this case in October 2010 and pleaded guilty to a fifth-degree-felony possession charge on February 3, 2011.
She was subsequently sentenced to two years of probation as per a plea agreement filed in this case.
On July 9, 2012, violations were filed by Smith’s probation officer. Among the violations were that she attempted to steal a purse from Walmart on July 5, 2012, tested positive for THC on that day, and had entered a guilty plea to reckless operation on April 2, 2012, in the Gallipolis Municipal Court.
The defendant was arraigned on these violations on July 10, 2012. The final hearing in this case was later continued.
Last Thursday, Smith’s community control was revoked and she was sentenced to 11 months in the Ohio Reformatory for Women for drug possession.
She was given credit for 11 days served.