Delayed jail time imposed
A Parkersburg mother who forestalled her August sentencing on judicial release violations to give birth was sentenced Thursday in Washington County Common Pleas Court to spend over eight months in prison.
Amber D. Martin, 23, was originally sent to prison in 2010 on a fourth-degree felony charge of burglary, for trying to force her way into the home of her child’s father during a custody dispute, punching the man in the face, and assaulting other individuals in the home.
She was originally sentenced to one year on the charge but only served 190 days before being granted judicial release.
Martin has violated the terms of her release on several occasions lately, prompting the Washington County Prosecutors Office to request Martin’s judicial release be revoked, said Washington County Assistant Prosecutor Kevin Rings.
“Considering the extent of the violations and the fact that they happened over a course of time, we would request that her judicial release be revoked and Ms. Martin be sent to serve out the balance of her original sentence,” Rings recommended Thursday.
In addition to not reporting to her supervising officer, Martin was cited for drug possession in Wood County and was found to be staying in Parkersburg hotels with a convicted felon, said Rings.
Martin’s attorney Randall Jedlink said that the judicial release violations were only a recent anomaly and requested she be sentenced to only local incarceration.
Added Martin of her impending sentence, “I’d like to do it here and get it done and over with.”
But Washington County Common Pleas Court Judge Ed Lane had indicated during Martin’s originally scheduled sentencing that he intended to sentence her to prison time.
At that time Martin was less than a month away from a scheduled cesarean section and Lane gave her the option of postponing the sentencing until shortly after the birth of her child or being sentenced immediately-which would enable her to keep her child with her for the duration of her prison stay.
Ohio is one of nine states to allow a child to temporarily stay with a mother if she gives birth while incarcerated. However, Martin chose to have the child and then be sentenced.
Martin appeared confused when Lane sentenced her to 15 months in prison-adding three months to her initial one year sentence. She turned and whispered to Jedlink who asked to approach the bench.
After a brief conversation with both attorneys, Lane verified that he had the ability to sentence Martin to the maximum penalty available on the underlying charge. Martin’s fourth-degree felony conviction made her eligible for an 18 month prison sentence.
“I told you if you violated I’d give you the maximum 18 months in prison. I did not give you the max.” Lane told Martin.
Martin will receive credit for the approximately six and a half months she has already served.