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Harris pleads guilty to
attempted illegal drug manufacture in vicinity of juvenile
By Bob Robinson
GREENVILLE
– Robert Harris,
26, pleaded guilty to attempted illegal manufacture of drugs
(methamphetamine)
in the vicinity of a juvenile, a second degree felony, in Darke County
Court
July 30. A jury trial had been scheduled to start that day.
The
conviction carries a
maximum prison term of eight years and a maximum fine of $15,000. While
a
prison term is not mandatory it is presumed necessary.
Harris
and another
defendant, Jennifer Murphy, 39, both of Greenville, were arrested for
illegal
possession of chemicals for the manufacturing of methamphetamine in a
residence
located at 110 W. Main St., Yorkshire, on May 29.
Murphy
pleaded to attempted
illegal assembly or possession of chemicals for the manufacture of
drugs
(methamphetamine), a third degree felony, on July 26. As part of her
plea
agreement she would have cooperated with the state in the prosecution
of
Harris, including testifying against him should his case go to trial.
Murphy’s
possible sentence
could be up to 36 months in prison with a maximum fine of $10,000.
Prison time
is neither mandatory nor deemed necessary, and will not be recommended
by the
state.
The
state will be
recommending community control sanctions, supervised probation, the
successful
completion of a drug program, a $5,000 fine, community service hours
and court
costs.
Darke
County Prosecutor R.
Kelly Ormsby told Judge Jonathan Hein the state recommends four years
in prison
for Harris. His defense attorney Paul Wagner asked Hein to consider two
years
in prison. Both would allow for judicial release. The state will oppose
judicial release until two years have been served. Release could occur
as early
as six months.
Harris
will also have
mandatory post release control for three years. Violation of terms of
supervision would mean additional prison time.
Hein
explained to Harris he
had given up his trial rights and can only appeal on the sentence
received, not
the guilty verdict.
“You
understand the nature
of the charges and the consequences? You are not being forced, but are
knowingly and voluntarily waiving your trial rights?”
Harris
indicated he did.
Hein then accepted the plea.
The
original charges against
Harris were illegal assembly or possession of chemicals for the
manufacture of
drugs, a second degree felony, and endangering children, a third degree
felony.
Ormsby
said he believes one
of the primary reasons for the guilty plea, as opposed to going to jury
trial,
was Murphy’s agreement to testify against him.
Harris
will be sentenced on
Aug. 19. Murphy will be sentenced in September.
Published
courtesy of Blue Bag Media
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