By Meladi Brewer

DailyAdvocate.com

GREENVILLE — Donald J. Smith, 34, of Greenville was sentenced on Aug. 19 for one count of attempted rape, a second degree felony after entering a guilty plea.

A pre-sentencing investigation report was prepared by the Adult Probation Department, and the Court considered comments made by the prosecuting attorney, defense counsel, and the defendant. Having considered all the record, oral, and written statements, the pre-sentence investigation, and the principles and purposes of sentencing, the court proceeded to sentence Smith on the amended charge.

He was sentenced to an indefinite term of mandatory imprisonment of eight years minimum to 12 years minimum in the Ohio Department of Rehabilitation and Correction. Smith was also given credit for his 87 days of jail time.

Upon completion of the prison term, unless reduced by the parole board, the defendant shall be subject to such further period of mandatory supervision for five years under post release control. Any violations of that parole could result in Smith being returned to prison to finish out the maximum period of nine months for each violation.

Smith will be required to register as a Tier Three Offender upon release, and is to reimburse the State of Ohio and Darke County for costs of processing, supervision, confinement, and prosecution costs as authorized by law. Smith will be held in the Darke County Criminal Justice Center or similar facility until conveyance and transfer to the Ohio Department of Rehabilitation and Correction.

Josaph A. Hakes, 55, of Greenville, was sentenced on Aug. 19 after entering a guilty plea to felonious assault, a felony of the second degree.

Hakes court history revealed a pattern of behavior dating back to 2009 where he appeared for a domestic violence case. From there he has had three disorderly conduct cases, a telephone harassment case, criminal mischief, nuisance abatement, and a domestic violence case. Having reviewed the facts of this case, hearing the record, written, and oral statements, having looked at pre-sentence investigations, and the history, the court deemed this case more serious and saw the risk of recidivism as likely.

Hakes was sentenced to a mandatory supervision period of 18 months to three years under post release control. If he violates terms of parole, the parole board may return the defendant to prison for a maximum period of nine months for each violation.

Amba Cook appeared via video conference with the Mercer County Jail on Tuesday where she pleaded guilty to one count of burglary, a felony of the second degree, that was amended to attempted burglary, a felony of the third degree. The possible sentencing she could face is nine to 36 months in prison and a $10,000 fine, all of which are not mandatory. Another possible sentence on the amended charges is community controlled sanctions for a period of up to 60 months.

That community control sanction can include jail time, community service, treatment centers, and more. Violations during that community control can cause the imposed sanction and imprisonment can be instated. The court accepted Cook’s guilty plea to the amended charge and placed her on pre-trial supervision. Her sentencing date is set for Sept. 30 at 9:15 a.m.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].