CALHOUN MAGISTRATE COURT RULINGS - April-May 2013 Cases

(06/21/2013)
Cases are listed by Magistrates, date tried, case number, defendant, age, charge and disposition of case.

M = Misdemeanor - F = Felony
NCP = No Contest Plea
DUI = Driving under the influence
W/C = Worthless check
WCF = Worthless Check Fund
BSC = Bank Service Charge
CRJ = Central Regional Jail
MVI = Motor vehicle inspection
BAC = Blood alcohol content

Disposition of criminal cases in Calhoun Magistrate Court for the month of April 2013.

Magistrate Richard Postalwait

04/02/13

12M-377 - State vs. Dana Wease, 53. Driving under the influence. Defendant entered guilty plea. Assessed fine and costs of $340.80 and 15 days at CRJ suspended for 6 months unsupervised probation.

12M-213 - State vs. Dana Wease, 53. Furnishing alcohol to underage persons. Defendant entered guilty plea. Assessed $165.80 costs and sentenced to 50 hours community service completed by 5/15/13.

04/03/13

13F-026 - State vs. Christina Darlene Wilson, 36. Operating a clandestine drug lab. Defendant waived preliminary hearing transferred to Circuit Court.

13F-027 - State vs. Christina Darlene Wilson, 36. Conspiracy to operate a clandestine drug lab. Defendant waived preliminary hearing transferred to Circuit Court.

12M-416 - State vs. Samantha Yoak, 18. Failure to attend school. Case dismissed upon motion of the prosecutor.

04/04/13

13F-035 - State vs. William Wayne Cottrell, 33. Delivery of a controlled substance. Defendant waived preliminary hearing transferred to Circuit Court.

13F-036 - State vs. William Wayne Cottrell, 33. Conspiracy. Defendant waived preliminary hearing transferred to Circuit Court.

13F-037 - State vs. William Wayne Cottrell, 33. Person prohibited from possessing firearms. Case dismissed upon motion of the defendant.

04/09/13

13M-070 - State vs. Irene Kay Clowser, 61. No proof of insurance. Case dismissed upon motion of the prosecutor that defendant has provided proper documentation.

13M-071 - State vs. Irene Kay Clowser, 61. Registration violation. Case dismissed upon motion of the prosecutor that defendant has provided proper documentation.

04/10/13

13M-086 - State vs. Mary E. Ferrebee, 56. Registration violation. No contest plea. Assessed fine and costs of $170.80 paid in full.

04/11/13

13M-088 - State vs. Kennan Gage Nolan, 18. Speeding. No contest plea to speeding 44/35. Assessed fine and costs of $240.80 paid in full.

04/23/13

12M-359 - State vs. Clyde Carpenter, Jr., 42. Possession of controlled substance less than 15 grams. Case dismissed upon successful completion of unsupervised probation.

12M-370 - State vs. Danny R. Brown, 40. Possession of controlled substance less than 15 grams. Case dismissed upon successful completion of unsupervised probation. Court costs of $165.80 paid in full.

12M-371 - State vs. Danny R. Brown, 40. Public intoxication. No contest plea. Assessed fine and costs of $175.80 paid in full.

04/25/13

13F-053 - State vs. Zebadiah Hamrick, 33. Operating a meth lab. Defendant waived preliminary hearing transferred to Circuit Court.

13F-054 - State vs. Zebadiah Hamrick, 33. Purchase precursor to make meth. Defendant waived preliminary hearing transferred to Circuit Court.

13F-055 - State vs. Zebadiah Hamrick, 33. Exposure of child to meth manufacturing. Defendant waived preliminary hearing transferred to Circuit Court.

13F-056 - State vs. Zebadiah Hamrick, 33. Exposure of first responder to meth manufacturing. Waived preliminary hearing transferred to Circuit Court.

13F-057 - State vs. Zebadiah Hamrick, 33. Conspiracy to commit felony. Waived preliminary hearing transferred to Circuit Court.

Magistrate Teresa Carpenter

04/02/13

12M-091 - State vs. Rocky Dale Ellison, 44. Open dump. Guilty plea. Assessed court costs of $165.80 and 5 days jail suspended for 6 months probation.

13M-033 - State vs. Clifton C. Grose, 48. Domestic assault. Guilty plea. Assessed costs of $165.80 and 4 days jail suspended for 6 months probation.

04/04/13

13F-038 - State vs. Belinda Dawn Riffle, 24. Conspiracy. After preliminary hearing probable cause found. Bound over to Circuit Court.

12M-310 - State vs. Thomas C. Ullum, 59. Driving under the influence. Guilty plea. Assessed fine and costs of $340.80 DUI deferral/test and lock probation with 6 month probation period.

12M-311 - State vs. Thomas C. Ullum, 59. Failure to stop/yield. Dismissed per plea agreement to 12M-310.

13M-060 - State vs. Travis Owen Little, 28. Assault. No contest plea. Assessed cost of $165.80 and 5 days jail suspended for 6 months probation and 40 hours community service completed by 7/4/13.

04/8/13

13M-023 - State vs. Janie Oshe, 41. Failure to send child to school. Guilty plea. Assessed fine and costs of $215.80.

04/10/13

13M-089 - State vs. Solana L. Hall, 25. Driving under the influence. No contest plea. Assessed fine and costs of $340.80.

13M-089 - State vs. Solana L. Hall, 25. Driving suspended/revoked non-DUI. No contest plea. Assessed fine and costs of $265.80.

04/16/13

13F-001 - State vs. Douglas Shane Morris, 45. Possession with intent to deliver controlled substance. Dismissed per plea agreement to misdemeanor.

13F-002 - State vs. Douglas Shane Morris, 45. Possession with intent to deliver controlled substance. Dismissed per plea agreement to misdemeanor.

04/17/13

13F-058 - State vs. Andrea Simmons, 21. Operating a meth lab. Waived preliminary hearing transferred to Circuit Court.

13F-059 - State vs. Andrea Simmons, 21. Purchase precursor to make meth. Waived preliminary hearing transferred to Circuit Court.

13F-060 - State vs. Andrea Simmons, 21. Exposure of children to meth manufacturing. Waived preliminary hearing transferred to Circuit Court.

13F-061 - State vs. Andrea Simmons, 21. Exposure of first responder to manufacture of meth. Waived preliminary hearing transferred to Circuit Court.

13F-062 - State vs. Andrea Simmons, 21. Conspiracy to commit felony. Waived preliminary hearing transferred to Circuit Court.

13M-048 - State vs. Mathew Jeffrey, 29. Operating a clandestine meth lab. Waived preliminary hearing transferred to Circuit Court.

13M-049 - State vs. Mathew Jeffrey, 29. Purchase precursor to making meth. Waived preliminary hearing transferred to Circuit Court.

13F-050 - State vs. Mathew Jeffrey, 29. Exposure of children to meth manufacturing. Waived preliminary hearing transferred to Circuit Court.

13F-051 - State vs. Mathew Jeffrey, 29. Exposure of first responders to meth manufacture. Waived preliminary hearing transferred to Circuit Court.

13F-052 - State vs. Mathew Jeffrey, 29. Conspiracy to commit felony. Waived preliminary hearing transferred to Circuit Court.

04/22/13

13F-068 - State vs. Alan R. Nelson, 28. Malicious wounding. Waived preliminary hearing transferred to Circuit Court.

Magistrate Howard Carpenter

04/29/13

13M-129 - State vs. Harley Ray Wilson, 33. Driving suspended/revoked DUI 2nd offense. Guilty plea. Assessed fine and costs of $265.80 and home confinement for 30 days starting 4.29/13 thru 5/29/13 with working 3 a.m. til 4 p.m.

13M-130 - State vs. Harley Ray Wilson, 33. Possession less than 15 grams. Guilty plea. Assessed fine and costs of $165.80 and 6 months unsupervised probation.

Magistrate White

04/10/13

13M-074 - State vs. Christopher Travis Helmick, 22. Domestic battery. Case dismissed upon motion of prosecutor due to request of victim.

13M-075 - State vs. Kristin Carol Ballengee, 20. Domestic battery. Case dismissed upon motion of prosecutor due to request of victim.

Disposition of criminal cases in Calhoun Magistrate Court for the month of May 2013.

Magistrate Richard Postalwait

05/02/13

13F-039 - State vs. Mark Brian Harris, 38. Conspiracy. Waived preliminary hearing transferred to Circuit Court.

12M-386 - State vs. Rebecca Stanley, 33. Failure to send child to school. Case dismissed upon motion of the prosecutor.

12M-422 - State vs. Rebecca Stanley, 33. Failure to send child to school 2nd offense. Case dismissed upon motion of the prosecutor.

05/08/13

13M-013 - State vs. Rose Jarvis, 48. Failure to send child to school. Guilty plea. Assessed fine and costs of $215.80.

13M-020 - State vs. Cameron Sampson, 18. Failure to attend school. Case dismissed upon motion of the prosecutor.

12M-397 - State vs. Jadale Hicks, 23. Failure to send child to school. Case dismissed upon motion of the prosecutor.

12M-407 - State vs. Sandra McCune, 56. Failure to send child to school. Case dismissed upon motion of the prosecutor.

13M-015 - State vs. Andrea Baringer, 39. Failure to send child to school. Case dismissed upon motion of the prosecutor.

13F-064 - State vs. Deanna Nelson, 28. Purchase precursor to meth. Waived preliminary hearing transferred to Circuit Court.

13F-065 - State vs. Deanna Nelson, 28. Exposure of children to meth manufacture. Waived preliminary hearing transferred to Circuit Court.

13F-066 - State vs. Deanna Nelson, 28. Exposure of first responders to manufacture of meth. Waived preliminary hearing transferred to Circuit Court.

13F-067 - State vs. Deanna Nelson, 28. Conspiracy to commit felony. Waived preliminary hearing transferred to Circuit Court.

05/15/13

13F-069 - State vs. James Forest Blankenship, II. Fleeing while DUI. Probable cause found at preliminary hearing transferred to Circuit Court.

13F-072 - State vs. Joshua Thomas Slider, 28. Attempt to operate clandestine meth lab. Waived preliminary hearing transferred to Circuit Court.

13F-073 - State vs. Joshua Thomas Slider, 28. Exposure of children to meth. Waived preliminary hearing transferred to Circuit Court.

13F-074 - State vs. Joshua Thomas Slider, 28. Exposing first responders to meth manufacture. Case dismissed upon motion of the defendant.

13M-150 - State vs. Joshua Thomas Slider, 28. Purchase substances to manufacture meth. Case dismissed upon motion of the prosecutor.

12M-403 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-123 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Guilty plea. Assessed fine and costs of $215.80.

13M-124 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-125 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-126 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-127 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-128 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-134 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-135 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-136 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-144 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Case dismissed pursuant to plea to 13M-123 and 13M-145.

13M-145 - State vs. Janie Oshe, 41. Failure to send child to school 2nd offense. Guilty plea. Sentenced to 20 days at CRJ with 5 days credit - suspended for 6 months unsupervised probation, assesed $165.80 costs.

05/21/13

13M-152 - State vs. George Edward Checkan, III, 36. Driving under the influence 2nd offense. Guilty plea. Sentenced to 1 year unsupervised probation, AA classes twice monthly, assessed $55.00 DUA, $660.00 probation fees and $165.80 costs.

13M-153 - State vs. George Edward Checkan, III, 36. Left of center. Case dismissed pursuant to plea to 13M-152.

05/22/13

05M-039 - State vs. Jimmie Verbus, 37. Creating an open dump. Case dismissed upon motion of the prosecutor due to statute of limitations.

13M-170 - State vs. Michael S. Mattero, 46. Possession of a controlled substance. No contest plea. Sentenced to 2 years unsupervised probation, 100 hours community service, assessed $240.00 CCF and $165.80 costs.

13M-171 - State vs. Michael S. Mattero, 46. Conspiracy. No contest plea. Assessed fine and costs of $165.80.

13F-042 - State vs. Michael S. Mattero, 46. Manufacturing a controlled substance. Case dismissed upon no contest plea to 13M-170 and 13M-171.

13F-043 - State vs. Michael S. Mattero, 46. Conspiracy to commit a felony. Case dismissed upon no contest plea to 13M-170 and 13M-171.

13F-046 - State vs. Christina J. Wells (Mattero) 34. Manufacturing marijuana. Case dismissed upon no contest plea to 13M-172 and 13M-173.

13F-047 - State vs. Christina J. Wells (Mattero) 34. Conspiracy to commit felony. Case dismissed upon no contest plea to 13M-172 and 13M-173.

13M-172 - State vs. Christina J. Wells (Mattero) 34. Possession of a controlled substance. No contest plea. Sentenced to 2 years unsupervised probation, 100 hours community service, assessed $240.00 CCF and $165.80 costs.

13M-173 - State vs. Christina J. Wells (Mattero) 34. Conspiracy. No contest plea. Assessed fine and costs of $165.80.

05/23/13

13M-155 - State vs. Christopher Matheney, 41. Domestic battery. Upon motion of the defendant by council, with no objection by prosecutor the case is dismissed.

13M-156 - State vs. Christopher Matheney, 41. Domestic battery. Upon motion of the defendant by council, with no objection by prosecutor the case is dismissed.

13M-112 - State vs. Heather Lynn Clark, 38. Driving suspended/revoked for DUI. Guilty plea. Assessed fine and costs of $265.80 and sentenced to 6 months home confinement (5/24/13 - 11/24/13)

13M-157 - State vs. Heather Lynn Clark, 38. Driving suspended/revoked for DUI. Case dismissed upon guilty plea to 13M-112.

05/28/13

13M-180 - State vs. Abagale Grace McCumbers, 21. No proof of insurance. No contest plea. Assessed fine and costs of $365.80.

05/31/13

13F-086 - State vs. Larry D. Harold, 44. Burglary. Waived preliminary hearing case transferred to Circuit Court.

13F-071 - State vs. Leon E. Kerby, II, 26. Child abuse by parent. Waived preliminary hearing, case transferred yo Circuit Court.

Magistrate Teresa Carpenter

05/23/13

13F-081 - State vs. Joshua Bohn, 31. Conspiracy. Waived to Circuit Court.

13F-082 - State vs. Joshua Bohn, 31. Accessory before the fact. Waived to Circuit Court.

05/30/13

13M-195 - State vs. Cindy Rena McCune, 25. Simple possession. Guilty plea. Assessed fine and costs of $265.80.

Magistrate Howard Carpenter

05/01/13

01M-241 - State vs. Gregory L. Dawson, 30. No proof of insurance. Dismissed on time limitations.

01M-242 - State vs. Gregory L. Dawson, 30. Operator's. Dismissed on time limitations.

01M-243 - State vs. Gregory L. Dawson, 30. Possession with intent to deliver controlled substance. Dismissed on time limitations.

01M-244 - State vs. Gregory L. Dawson, 30. Underage possession of alcohol. Dismissed on time limitations.

05/08/13

13M-141 - State vs. Christopher Robin Bell, 36. DUI with blood alcohol content greater than .150. Guilty plea. Assessed fine and costs of $365.80 and 6 months jail suspended for 1 year unsupervised probation.

05/14/13

12M-259 - State vs. Angela M. Yoak, 48. Worthless check. Guilty plea. Assessed fine, costs and restitution of $269.10.

5/15/13 13M-113 - State vs. Phillip N. Keener, 32. Motion to dismiss per pre-trial diversion. granted.

13M-151 - State vs. Georgie Gaglione, 29. Exposing first responders to meth. Motion to dismiss misdemeanor to follow the felony in Circuit Court.

13F-075 - State vs. Georgie Gaglione, 29. Attempt to operate a clandestine meth lab. Waived to Circuit Court.

13F-076 - State vs. Georgie Gaglione, 29. Exposure of children to meth. Waived to Circuit Court.

13F-077 - State vs. Georgie Gaglione, 29. Purchase materials to manufacture meth. Waived to Circuit Court.

13F-078 - State vs. Tiffany Davis, 24. Aiding escape. Waived to Circuit Court.

** 13M-007 - State vs. Gary L. Nicholson, 45. Home confinement violation. Pay $100.00 restitution to Sheriff - HC bracelet, 6 months jail with credit for time served.