A Marietta man was sentenced to 40 days in the Washington County Jail and three years of post-release community control after pleading guilty to a third-degree felony charge of possessing weapons while under a disability.

Brandon J. Robinette, 29, of 1137 Little Eight Mile Road, Marietta, was sentenced Friday morning by Washington County Common Pleas Court Judge Randall Burnworth.

According to reports, law enforcement discovered Robinette to be in possession of a rifle Jan. 7, which violated the terms of an original sentencing agreement from a 2008 rape charge out of Wayne County.

Robinette will be credited 10 days for time already spent in jail, and will be required to be under community control for three years upon his release.

“If you violate any terms of your parole, they can take you to prison and add on half of the original sentence,” Burnworth said.

“The court is ordering the gun to be returned to his father,” Burnworth said. “And you’ll be required to pay court costs within a year.”

Under Ohio law, anyone convicted of a felony offense of violence or any felony drug offense is prohibited from acquiring, having, carrying or using any firearm or dangerous ordnance.

In November 2008, Robinette was charged in Wayne County Common Pleas Court with rape, sexual battery and unlawful sexual conduct with a minor in connection with a Oct. 28 incident involving a 14-year-old girl.

According to previous reports from Wayne County Law Enforcement, Robinette forced a 14-year-old girl to engage in sexual intercourse at his former residence in Sterling, to which he later pleaded guilty.

Currently, Robinette is listed as a Tier-3 sex offender in Washington County.

With the third-degree felony charge, if Robinette is found to have violated any of the conditions of his sentencing or his post-release control, he could face anywhere from one to three years in prison and $10,000 in fines.