Judge Kimbler handled the cases of the following defendants on Monday, August 30, 2010:
State of Ohio v. John A. McCarty, Case No. 10-CR-0295: Mr. McCarty failed to appear at a pre-trial conference scheduled for Monday, August 30, 2010 at 8:30 am. Judge Kimbler revoked Mr. McCarty’s bond for failure to appear and ordered a warrant issued for his arrest.
State of Ohio v. Joseph M. Tracy, Case No. 10-CR-0311: Judge Kimbler denied a motion to reduce Mr. Tracy’s bond. The case is scheduled for a jury trial on September 1, 2010 at 9:00 am.
State of Ohio v. Nichole M. Fenick, Case No. 10-CR-0307: Ms. Fenick appeared in court with her attorney, Teresa Barrington, and entered a plea of no contest to six felony charges. One charge was for Illegal Processing of Drug Documents, a fourth degree felony, and the remaining five charges were for Deception to Obtain a Dangerous Drug, all fifth degree felonies. Judge Kimbler found her guilty of all six charges on the no contest pleas; ordered a pre-sentence investigation; and continued her bond. Judge Kimbler will sentence Ms. Fenick on October 7, 2010 at 8:30 am.
State of Ohio v. Michael A. McCarty, Case No. 10-CR-0163: The State made a motion to amend Count I, Burglary to Attempted Burglary, and following that amendment Mr. McCarty entered a plea of no contest to the one count of Attempted Burglary, a third degree felony; three counts of Breaking and Entering, each of those counts being a fifth degree felony; and one count of Theft of a Dangerous Drug, a fourth degree felony.
Following the changes of plea, the parties made a joint recommendation to Judge Kimbler that he impose a 15 month prison sentence. Judge Kimbler accepted the recommendation and imposed a 15 month prison sentence on the count of Theft of a Dangerous Drug, a 12 month prison sentence on the Attempted Burglary; and a six month prison sentence on the three counts of Breaking and Entering. Judge Kimbler ordered that the sentences be served concurrently and that Mr. McCarty receive credit for 133 days served in the Medina County Jail awaiting trial.
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