WILMINGTON — Using drugs and breaking community control rules a third time have led to a defendant receiving a prison sentence, though prior incarceration leaves just a few days remaining on the nine-month prison term she’s been given.
And due to the short amount of time remaining for incarceration, Victoria Irene Simpson, 34, of Dayton and formerly of Wilmington, will serve what’s left of the nine months locally in the Clinton County Jail.
At the time of the court hearing on this community control violation, she already had served 268 days in custody, including time spent in the STAR Community Justice Center facility at Franklin Furnace, Ohio.
The original case was a crime of theft where the victim is a relative of the defendant. Later, while on community controls for the theft, Simpson was found guilty of trafficking in heroin and fentanyl. Without objection from prosecution, community controls were not revoked. The heroin trafficking conviction is a fifth-degree felony, while the fentanyl trafficking is a fourth-degree felony offense.
The term of community controls was extended for two years, and completion of the STAR program was also included as a new requirement.
After completing STAR, Simpson did not report to the court’s supervision department. She then was not apprehended for more than two years, though she eventually turned herself in to authorities, according to a court paper.
Then nine days after being released by the court, the defendant tested positive for the use of morphine, fentanyl, and cocaine. She reportedly admitted to using heroin on Mother’s Day 2019.
She did not challenge the drug test results, but said she did not know she was using all of those drugs. Rather, she believed she was ingesting heroin, stated a court paper.
She previously served a prison term for Montgomery County.
At another recent sentencing hearing, community control sanctions were revoked for Mark W. Anderson, 34, of Dayton.
The original conviction was for possessing cocaine, a fifth-degree felony.
When his term of community controls was revoked, he was given an 11-month prison term and was ordered to pay all court costs. He was granted credit for 72 days he had already spent in custody on the case.
Reach Gary Huffenberger at 937-556-5768.
