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Tuesday, May 3, 2016

Man pleads guilty to theft charges

Wednesday, February 10, 2010

(Photo)
Joseph W. Dean
A Brazil man recently pleaded guilty to various theft and burglary charges in three separate cases.

In January, Joseph W. Dean, 20, with assistance from his defense attorney Geoffrey Creason, entered into a plea agreement with the Clay County Prosecutor's Office in Clay Circuit Court.

Dean is alleged to have broken into and taken items from two Clay County businesses -- Yankee Rose Landscaping and Nurseries (Sept. 27, 2008, and again on June 14, 2009) and Livery Stable Antique Mall (May 17, 2009) -- and the same unidentified residence two separate times as well as being discovered in the possession of marijuana during one of the times he was taken into custody by law enforcement.

Criminal charges include (chronological order):

* A petition to revoke probation (filed June 17, 2009) on a prior conviction for a class C felony burglary stemming from the Sept. 27, 2008, incident. (As part of negotiated plea agreement on Feb.23, 2009, the prosecutor's office agreed to drop the remaining charges of class D felony theft, two class A misdemeanor charges for possession of marijuana and criminal trespass and a class B misdemeanor criminal mischief in exchange that Dean serve two years at the Indiana Department of Correction (DOC), all of which was suspended with the exception of 244 days. Good time credit was allowed and credit for 122 actual days previously served.

Dean was placed on probation for 16 months per terms of the agreement),

* Two class D felony charges of theft from the June 14, 2009, incident, and

* One class C felony burglary and a class D felony theft charge from the May 17, 2009, incident.

On Jan. 11, Dean waived his constitutional rights and entered a plea of guilty in the 2008 case.

Per the negotiated plea agreement, Dean entered a voluntary and factually based guilty plea to count 1, a class D felony theft.

Clay Circuit Court Judge Joseph Trout entered a conviction in the matter and set the sentencing hearing on Feb. 2. However, the hearing was later rescheduled due to a conflict with a jury trial.

A pre-sentence investigation report was filed with the court and Dean's bond was ordered revoked and he was held without bond pending sentencing.

The State of Indiana provides a "minimum to maximum range" in sentencing recommendations to help judges determine the amount of time an offender could potentially serve.

Depending upon the mitigating and aggravating circumstances of the case, a person convicted of a class C felony could be sentenced to incarceration for 2-8 years, six months-3 years for a class D felony, 0-1 year for a class A misdemeanor and 0-180 days for a class B misdemeanor.

The sentences ordered for multiple case convictions on various charges can be ordered by the judge to run concurrent (at the same time) or consecutive (each sentence completed individually) during the sentencing hearing.

On Monday, Dean and his attorney appeared in Circuit Court to hear the determination of the court on the negotiated plea agreement that would settle all three open cases.

During the hearing, Trout accepted the plea agreement and sentenced Dean to the following:

* For conviction of a class C felony burglary (May 17, 2009), a sentence of five years shall be fully executed at the DOC with good time credit, if earned, allowed and credit for 56 actual days previously served. A civil judgment of $1,300 was ordered as restitution on behalf of the victim, Livery Stable Antique Mall. The sentence shall be served concurrent to the next case and consecutive to the final case,

* For conviction of class D felony theft (June 14, 2009), a concurrent sentence of two years to be fully executed at DOC, with good time credit, if earned, allowed and credit for 56 actual days previously served. The second theft charge was dropped by the prosecutor's office. A civil judgment of $1,036 was entered as restitution on behalf of the victim, and

* For violating probation in the Sept. 27, 2008, incident, the original sentencing order was modified, his probation was terminated as unsuccessful and Dean was ordered to serve an additional year at the CCJC. Good time credit, if earned, was allowed and credit for 182 actual days previously served. A civil judgment of $849 was entered on behalf of the Clay County Auditor's Office for unpaid fine, costs and probation fees.

Dean is currently incarcerated at the CCJC awaiting processing and transfer to the DOC.