WILLIAMSON – A retrial of Count IV in the case of Robert Jerome Warren, 34, also known as J.J., will not be necessary since he pleaded guilty to possession of a Schedule II controlled substance (Cocaine) with intent to deliver.

This was reported Wednesday by Mingo County Prosecuting Attorney C. Michael Sparks in a follow-up of happenings in the Warren case. The Williamson man was charged with intent to deliver cocaine in count IV of his January 2009 indictment No. F-81

Sparks said that Warren also did not contest Information J-09-F113, which charged him with being subject to a sentence enhancement of twice the term of minimum years in connection with the Counts I and II jury trial convictions of April 8. That is pursuant to West Virginia Code 61-11-18(a) (West Virginia Habitual Criminal Act).

The prosecutor said the state will not seek a sentence enhancement in connection with the count IV conviction in accordance with a plea agreement. The prosecutor had filed a recidivist information for an enhanced sentence on April 9 after the trial.

Warren has been sentenced to confinement in a state correctional facility for an indefinite term of not less than one year nor more than 15 years for each conviction. However, Sparks explained, the minimum term of the count I and count II sentences were increased to two years, pursuant to the West Virginia Habitual Criminal Act. Chief Judge Michael Thornsbury presided at the trial and the follow-up proceeding.

The counts I and II sentences were directed to run consecutively (one after the other). The count IV sentence was directed to run concurrently (at the same time) with the Counts I and II sentences.

“In total, Warren will be incarcerated for a term of not less than four years nor more than 30 years,” said Sparks. “Because Warren has the academic aptitude to obtain a college degree, it will be recommended that he be committed to a state correctional facility that offers a college degree program.”

Attorney Kathryn Cisco-Sturgell represented Warren. Lt. J.D. Ferris of the Mingo County Sheriff’s Department was the investigating officer.

Also on Tuesday, 25-year-old Crystal Cassell of Williamson entered a plea of guilty to delivery of a Schedule IV controlled substance (Alprazolam) as charged in count I of her January 2009 indictment, F-38.

Sparks said the process of selecting a jury to try the Cassell case was in progress Tuesday when the defendant changed her mind about a trial by jury and entered a plea of guilty to the Count I charge.

Cassell will be sentenced by Thornsbury at 9:15 a.m. on May 18. Sparks said she is exposed to confinement in a state correctional facility for a maximum term of three years. Attorney Kevin P. Davis represented Cassell. Lt. C.D. Rockel of the Williamson Police Department was the investigating officer in that case.

Warren was remanded to the Southwestern Regional Jail to await assignment to a state correctional facility. Cassell was granted a postconviction bond with home confinement pending her sentence in May.

The Mingo County prosecuting attorney’s office has obtained felony convictions in 75 cases, including 60 drug cases, during the January 2009 court term. Both are Mingo County records for a court term.

Sparks commended the West Virginia State Police, the Williamson Police Department and the Mingo County Sheriff’s Department for the investigations that supported the convictions. Trooper B.R. Moore, Trooper First Class C.D. Kuhn and Cpl. S.T. Harper, all of the State Police, have earned special commendations for outstanding police work, said the prosecutor.

“The unprecedented productivity would not be possible without Judge Michael Thornsbury, who has managed an enormous criminal docket with utmost skill and efficiency. He has handled the workload of three circuit judges,” said Sparks.

“Finally, I am grateful to my dedicated staff for working relentlessly during this extremely busy court term.”