An Appanoose County man who violated terms of his pre-trial release was found guilty of and sentenced Oct. 30 to probation for third-offense marijuana possession.
Bart Matthew Hogg, 36, of Centerville, was found guilty of possession of marijuana enhanced, an aggravated misdemeanor by Judge Kirk A. Daily, who imposed a two-year prison sentenced suspended to two-years probation with the Eighth Judicial District Department of Correctional Services. The judge imposed a $625 fine, a 32 percent surcharge, a $125 law enforcement initiative surcharge and a $10 DARE assessment.
The marijuana possession charge was enhanced because Hogg has been convicted for a like offense on two earlier occasions.
Hogg violated terms of his pre-trial release by admitting to smoking marijuana on April 23 while awaiting trial.
Hogg's third marijuana possession conviction stems from a March 22, 2009 incident where Debra Foster called 911 requesting assistance to have him removed from the residence at 704 E. Stewart. Two Centerville police officers responded to the call, noticed red marks on Foster's neck and arrested Hogg and charged him with domestic assault. During a subsequent search Hogg produced a small package of marijuana.
Hogg has a history of domestic assault, being convicted in January 2008 in Appanoose County of the same without intent to cause injury. Hogg's criminal history in Appanoose County also includes convictions for trespassing, several instances of consumption of alcohol in public and two operating while intoxicated.
Hogg was arraigned in August 2001 and November 2003 on the charge of operating while intoxicated, third offense. Robert Bozwell Jr. was the county attorney at the time. In both instances he pleaded guilty to operating while intoxicated, second offense.
A letter sent to Judge Daily dated Sept. 23 written by Tonya A. Hunsberger, a daughter of Debra Foster, who passed away April 1, just eight days after police arrested Hogg for assault, asked the court to "impose the most extensive sentence you can in order to protect the rest of society from him. It is now in your hands to protect other women from him. While my mother's death was not considered a direct result of this incident, I feel that it was one of the many contributing causes."
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Probation for third marijuana possession
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