GALLIPOLIS — A Gallia County man recently ordered to serve a multiple-year sentence in a state prison recently had one of his charges dropped in the Common Pleas Court of Gallia County — a dismissal that will not affect the overall time to be served in this case.
Robert A. Gullett, 29, was sentenced on October 17 to serve six years in the Ohio Department of Rehabilitation and Correction for breaking into a Harrisburg Road residence on June 5 of this year and was also sentenced to serve a two-year prison for fleeing and eluding officers, also on June 5.
The sentences in this case were ordered to be served concurrently for a total six-year prison term.
On October 31, following the defendant’s sentencing hearing, defense counsel, William Conley, entered a motion to withdraw Gullett’s plea of guilty to the third count of his indictment, fleeing and eluding.
The entry states that, after the defendant’s sentencing, it was discovered that the sentence in relation to the charge of fleeing and eluding had to be served consecutively, and not concurrently or simultaneously, to the six-year sentence for burglary.
“The plea agreement entered … was that the Defendant would receive a sentence of no more than six years,” the entry reads. “After sentence by this Court, it was discovered that the plea of Fleeing and Eluding had to be served consecutive to the Burglary charge thus resulting in Defendant serving more than six years of the sentence on the Burglary charge.”
A five-count indictment was originally filed against Gullett following his arrest by deputies on June 7.
He was charged with burglarized the Harrisburg Road residence and for allegedly stealing a compound bow, a laptop, a 46-inch flat-screen television, a tool kit and two fishing poles during the burglary.
Gullett was also charged with fleeing and eluding officers and leading them on a pursuit from Ohio 850 to Watts Road following the June burglary.
Additionally, the defendant was also indicted for bringing marijuana into the Gallia County Jail on June 9 and for allegedly aiding or abetting Christina Jones on June 13 as she allegedly conveyed drugs of abuse into the jail while he was custody there.
Reportedly, while incarcerated in the Gallia County Jail, Gullett had called Jones, 26, Gallipolis, on the recorded jail phone and gave her instructions on how to sneak half of a Suboxone tablet into the jail.
Jones was later charged with the illegal conveyance of drugs onto the grounds of a detention facility in the Gallipolis Municipal Court. However, this case was later dismissed at the request of the state.
Gullett later entered guilty pleas to burglary and fleeing and eluding, counts one and three of the indictment.
Following the filing of Conley’s motion to withdraw, the State of Ohio, represented by Gallia County Prosecutor Jeff Adkins, filed an entry citing their agreement with the defense’s motion.
In an entry filed on November 14 and signed by Judge D. Dean Evans, the court granted the defense’s motion to withdraw Gullett’ plea to fleeing and eluding.
“The language and intent of the plea agreement evidences that Defendant was to serve a six (6) year period of incarceration, in total. Thus, in order to comply with the plea agreement, Defendant moved the Court to dismiss the Fleeing and Eluding charge. The State of Ohio also recognized the error and has, in effect, made a like motion,” entry reads.
The entry further specifies that the sentence as it relates to the burglary charge go unchanged.
“In all other respects, the plea and sentence as to the Burglary charge be affirmed and ratified and shall remain in full force and effect,” it states.
An entry signed by both Evans and Adkins was filed with the court last week and states that a “nolle prosequi” be entered as to count three of the indictment — an entry essentially dismissing that charge.
In addition to Gullett’s six-year sentence for burglary, he must also pay restitution to the victim in the amount of $3,000.