Published On: Wed, Jul 23rd, 2014

Circuit Court

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According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard July 16 before the Honorable Judge Robert E. Richardson:

A request from the state for a continuance was granted in the case the State vs Russell Sharp, 29, of Cass. Trial is set for October 30 at 9 a.m. The defendant remains on bond.

A request from the defense for a continuance was granted in the case the State vs Danny R. Baldwin, 53, of Marlinton. Trial is set for November 6 at 9 a.m.

A continuance, requested by the state and the defense, was granted in the case the State vs Jamie M. Moffitt, 23, of Battle Creek, Michigan. A two-day trial is set to begin November 13 at 9 a.m. The defendant remains on bond.

The court accepted a written plea agreement in the case the State vs Jesse Underwood, 32, of Marlinton.  The defendant pleaded guilty to Count I of the indictment – conspiracy, a felony. The matter was referred to the Probation Department for a pre-sen- tencing investigation report. A sentencing and disposition hearing was set for August 20 at 9:45 a.m. Home confinement was denied. The defendant later waived the PSI, and was sentenced to the state penitentiary for not less than one year nor more than five years with credit for time served. The defendant was remanded to the custody of the Department of Corrections.

The court heard “sentiments” from the defendant and home confinement officer and received “letters of sentiment” from the public at a sentencing and disposition hearing in the case the State vs Teresa Teter, 47, of Marlinton. As to four Counts of Delivery of a Schedule I Controlled Substance, the court sentenced the defendant to not less than one year nor more than five years in the state penitentiary, to run concurrent with other Counts, no fine; as to 10 Counts of Delivery of a Schedule II Controlled Substance, the defendant was sentenced to not less than one year nor more than 15 years, to run concurrent, no fine; as to two Counts of Delivery of a Schedule III Controlled Substance the defendant was sentenced to not less than one year nor more than five years to run concurrent, no fine; as to three Counts of Delivery of a Schedule V Controlled Substance, the defendant was sentenced to one year in the regional jail to run concurrent, no fine. The sentence was suspended and the defendant was placed on probation for five years with added condition of Home Incarceration and Day Report Program. The defendant will receive credit for time served.

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