A Marietta woman sentenced Wednesday to 90 days in jail on drug trafficking and theft charges was released from the Washington County Jail the same day after some debate as to her jail credit time.
Ali R. Martin, 23, of 423 Third St., pleaded guilty June 23 to a fifth-degree felony theft charge and a fifth-degree drug trafficking charge.
On April 25, Martin and Marietta resident Abby Roach, 19, stole a debit card that had been left in an area ATM machine and used it as a credit card at several businesses, ultimately racking up nearly $2,000 in fraudulent charges.
When Martin was indicted on fifth-degree felony counts of receiving stolen property and theft for the debit card incident, she was also indicted for an earlier drug trafficking incident in which she sold cocaine to a confidential informant in February 2010.
Martin told Washington County Common Pleas Court Judge Randall Burnworth that she has a drug addiction and is ready to deal with it.
"I'm ready to be with my family," she said.
According to Martin's pre-sentence investigation report, she had previously tried to get clean and relapsed, noted Burnworth.
"You've admitted to
being an addict twice," said Washington County Common Pleas Court Judge Randall Burnworth. "You were an addict for a couple of years, then you were straight for a couple years, then an addict again. If you make the wrong decision again, you'll probably be an addict for the rest of your life."
Burnworth initially sentenced Martin to 90 days in jail and gave her credit for 81 days served. He also sentenced her to three years of community control and made Martin's successful completion of a drug treatment program a specific condition of her sentence.
"You're to take the first available opening in the Salvation Army Drug Treatment Program, even if it's before the 90 days is up. So if an opening pops up over the next nine days, a sheriff's deputy will transport you," said Burnworth.
But Martin's attorney Eric Fowler argued that she should already have credit for more than 90 days because she had been incarcerated for 12 days in Franklin County while waiting transfer.
Burnworth started to deny the additional credit, saying Martin's time in Franklin County was on drug possession charges there. However, Franklin County had suspended Martin's sentence on the charge.
"She was only held there on our holder. On that math, she's to be released today," said Burnworth.
At the suggestion of Washington County Prosecutor Jim Schneider, Burnworth modified her sentence to a 93-day sentence with credit for 93 days served.
Burnworth noted that it is now Martin's responsibility to get into drug treatment as soon as possible.
Martin was also ordered to pay $100 restitution to the Major Crimes Task Force for the cocaine purchase money and was made jointly responsible with Roach for the $1,935.12 restitution in the stolen debit card case.
Roach was sentenced Monday to 60 days in the Washington County Jail. She has served 53 days.