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Four Criminal Cases Up For Sentencing In November

Three of the court cases to come before Judge Kim Cudney, Chief Judge of the 12th Judicial District during the October 4 Motion Day Proceedings in Mitchell County District Court will appear for sentencing in that court on November 5 at 1 p.m. The case of Todd Wiles that was to come up for sentencing Wednesday was continued in order to finish preliminary investigation information. The sentencing of Richard Watts was moved to October 12 at 10 a.m.

In the case of Tammy Frost who was represented by Rebecca Pilshaw VS Mitchell County, Attorney Mark J. Noah representing the State of Kansas. Frost came before Judge Cudney to waive her preliminary hearing and appear for arraignment. She was charged on 17 different counts but made a plea bargain with the State and today the Judge dealt with charges 2, 12, and 17.

Count 2 was for possession of Opium, a level 4 drug felony charge, count 12 was for child endangerment, a level 9 person felony and count 17 was for contributing to a child's misconduct, a class A misdemeanor charge. She pled no contest to these charges. The Judged dismissed the remaining 14 counts with prejudice. Frost was free on the terms of her bond and will be sentenced during Motion Day proceedings on November 5, 2012 in Mitchell County District Court.

In the case of Bryon B. Johnson who was represented by Attorney James M. Johnson VS the State of Kansas represented by Attorney Mark J. Noah. Johnson appeared today for sentencing. He has charges pending in Smith County where he lives, as well as Mitchell County. He is presently on probation in Osborne County. He has been incarcerated there for 149 days and has never been in the Mitchell County Jail. Both of these cases are border box cases.

Today, Johnson came before Judge Cudney on three charges: count 1 - possession of Opium a level 4 non-person felony, count 2 - no drug stamp, a level 10 non-person felony and count 3 - possession of a hallucinogenic drug. On count number 1, Judge Cudney sentenced him to 15 months with the Department of corrections and 12 months post relief. On count 2 - 6 months with the Dept. of Corrections and count 3 - 1 year in the county jail and on probation for 12 month with the Department of Corrections. He will be returned to the Smith County Jail to serve out his time.

Johnson has an opportunity for a job at the Excel Industries in Smith Center. The judge cautioned the defendant that he has quite a long drug abuse history and that he should remember that probation is a privilege and not to abuse it.

In the case of Dominic Segura, represented by Kevin L. Phillips VS Attorney Mark J. Noah, representing the State of Kansas. Segura came before the Judge for Arraignment. He waived his preliminary hearing. Segura was brought up on counts 1 and 2 of aggravated assault with a baseball bat, a level 7 person felony, count 3 - A third arrest for DUI, a non-grid felony, count 4 - refusing to submit to a drug test a class A non-person misdemeanor. He pled no contest to these charges. The judge dismissed count 2 with prejudice. He was to meet with the Court Officer before leaving and return for Sentencing on November 5 at 1 p.m. in Mitchell County District Court.

In the case of Janeal Spear, represented by James M. Johnson VS County Attorney Mark J. Noah representing the State of Kansas. Spear appeared before the judge for arraignment. She was charged today on counts 1, 7, 8, and 9 but was only charged on counts 1 and 7 in Wednesday's Motion Day. Count 1 was cultivating a controlled substance a level 3-drug felony and count 7 - aggravated child endangerment, a level 9-person felony. She pled no contest.

Spear was also brought up for arraignment on a second case but entered into a plea agreement with County Attorney asking that this case be dismissed. The Judge granted the plea and dismissed those charges with prejudice. Spear's sentencing was set for November 5 at 1 p.m. in Mitchell County District Court.

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