A Marietta woman was sentenced to a year in prison Thursday for trying to avoid her October sentencing on other charges.
April D. Calvert, 27, of 4500 Zion Ridge Road, choked up as she read from a letter, apologizing for stealing from her sister and others and for skipping out on the earlier sentencing. She asked for leniency.
"All I can say is I was scared, confused, and I panicked," said Calvert of her failure to appear.
She was initially indicted in March on 14 felony counts and one misdemeanor count for various acts of theft and forgery. Among other things, Calvert assumed her sister's identity to access her checking account and entered a hospital under her sister's name. She also stole from two other people.
"My sister is still not speaking to me," said Calvert. "I will work hard to pay them back, and hopefully one day she will forgive me."
Calvert pleaded guilty to two fifth-degree felony theft charges, a fourth-degree felony identity fraud charge, and a first-degree misdemeanor theft charge. She was scheduled to be sentenced in October to 60 days in jail and three years of community control on those charges.
But by not showing up at sentencing, Calvert voided that agreement, said Washington County Prosecutor Jim Schneider.
"The state believes a prison sentence is warranted. The state believes the original agreement was broken," he said.
Calvert pleaded guilty Jan. 22 to a fourth-degree felony count of breach of recognizance for the no-show.
Scheider asked that she be sentenced to prison on both the breach charge and the earlier charges, and he asked that the prison sentences run consecutively.
Calvert's attorney Randall Jedlink asked that Burnworth honor the original agreement and sentence Calvert to jail, not prison, in the breach of recognizance case.
Burnworth agreed with Schneider that the original 60-day jail agreement was no longer in place but did not go so far as to sentence Calvert to prison on the theft and identity fraud charges. Instead he sentenced Calvert to 101 days in jail-the equivalent of her current days of credit-on the one first-degree misdemeanor theft charge.
That leaves the possibility of a 42-month prison sentence on the remaining three felony theft and identity fraud charges should Calvert violate probation during her three years of community control.
Burnworth also ordered Calvert to pay $6,900 in restitution to two of the three victims. The third victim had not requested restitution, said Schneider. Then Burnworth addressed the breach of recognizance charge.
"In (this case) a prison term is consistent with sentencing," he said.
Calvert was ordered to serve 12 months in prison, and her community control sentence was stayed until her release. Once out of prison Calvert will also be required to undergo assessment for counseling.