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Circuit Court

According to Pocahontas County Circuit Court Clerk Connie Carr, the following cases were heard January 18, before the Honorable Judge Jennifer P. Dent:

A continuance was granted for the change of plea hearing in the case the State vs Tonya Hedrick, 34, of Durbin. The state advised the court that the matter was set on the docket by defense counsel without notice to the state, and its main witness was out of town. Hearing is set for January 25.

A pretrial conference is set for February 8 in the case the State vs Kevin Phillips, 44, of Marlinton. Phillips was indicted on two counts, delivery of a Schedule III controlled narcotic substance.

A further status hearing is set for March 29 in the case the State vs Ethel Elizabeth Payne, 42, of Marlinton. Payne was indicted on two counts, delivery of a Schedule III controlled narcotic substance.

James R. Martin, 43, of Hillsboro, waived his preliminary hearing and evidentiary hearing. The matter is set for disposition January 25 in the matter of revocation of Martin’s alternative sentence. Martin was indicted on three counts, forgery, and three counts, uttering.

A sentencing and disposition hearing was held in the case the State vs Luca Jovy Byrd, 25, of Marlinton, wherein the defendant was sentenced to West Virginia Department of Corrections for no less than one year nor more than 10 years for grand larceny.
As to the charge of entry of a dwelling, he was sentenced to no less that one year nor more than 10 years, and as to the charge of burglary, Byrd was sentenced to no less than one year nor more than 15 years. Sentences are to run concurrently. A second sentence for grand larceny of no less than one year nor more than 10 years will run consecutively with the other charges. Byrd was given credit for time served. Byrd is to pay court costs as well as pay restitution to his victims. He was remanded to custody.

A change of plea hearing and status conference in the case the State vs Joshua Lee Kimble, 31, of Circleville, was continued to February 1. Kimble was indicted on one count, driving under the influence, third offense; one count, possession of a controlled non-narcotic substance, methamphetamine; one count, driving revoked for DUI.

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