Wilmington man sentenced to prison in Highland County receiving stolen property case
A Wilmington man was sentenced last week to a year in prison after pleading guilty to receiving stolen property in Highland County.
As previously reported, Alan W. Smith, 39, was indicted in August and charged with aggravated possession of methamphetamine, a fifth-degree felony; and receiving stolen property, a fourth-degree felony.
According to court records, Smith pleaded guilty to the receiving stolen property charge, with the drug charge dismissed, on Sept. 12.
The indictment alleged that on or about July 11, Smith “did receive, retain or dispose of” a motor vehicle “while knowing or having reasonable cause to believe said property had been obtained through the commission of a theft offense.”
Although defense attorney Kathryn Hapner argued in favor of admitting Smith into the New Way to Recovery Drug Court docket, Highland County Common Pleas Court Rocky Coss noted that Smith had “one drug offense but multiple fraudulent behaviors” listed in his pre-sentence report.
“Have you served a prison term before?” Coss asked during the Oct. 17 sentencing hearing.
“No, Your Honor,” Smith said. “I’ve never been to prison.”
“That’s probably why you’re here,” Coss said.
Coss read the charges listed in Smith’s report, which included multiple fraud counts and other charges including dealing in stolen property, possession of heroin, criminal trespassing, petty theft and defrauding a pawn broker.
“When I read your report, the first thing that came to my mind, and I even made a note of it, is a history of cons in Florida,” Coss said. “You’re a con artist, and I think the whole thing with getting into drug court is just another con on your part to try to stay out of prison. You’ve never been to prison, and that’s too bad, because if you had, maybe you wouldn’t be where you’re at today, because maybe you would have learned something about accountability. But you didn’t.
“Most people that are under the influence of drugs and operating in severe addiction don’t make good con artists, and that’s what you are, according to your report.”
Coss sentenced Smith to 12 months in prison, with jail time credit of 98 days. Smith was also ordered to pay $50 in restitution to the victim.
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