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Criminal court, May 14, 2017

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POTTSVILLE — A Schuylkill County judge on Tuesday dismissed a criminal charge against a Frackville man after prosecutors could not produce enough evidence to support it.

Stephen R. Rutt, 46, had been charged with false identification to law enforcement. Pottsville police had alleged he committed that crime on May 22, 2016, in the city.

However, President Judge William E. Baldwin dismissed the charge after the prosecution witness did not appear for a scheduled hearing.

Also in the county court, Justin M. Mosolino, 30, of Orwigsburg, pleaded guilty on Thursday to possession of a controlled substance in one case and theft in another. Prosecutors withdrew a charge of possession of drug paraphernalia in the first case and a charge of receiving stolen property in the second.

Judge Cyrus Palmer Dolbin accepted Mosolino’s plea and sentenced him to spend 12 months on probation and pay costs, $100 to the Substance Abuse Education Fund, $100 to the Criminal Justice Enhancement Account and $153 restitution.

Schuylkill Haven borough police had charged Mosolino with possessing drugs on June 16, 2015, in the borough, while Pottsville police had charged him with committing a theft on Dec. 12, 2015, in the city.

In other recent county court action, Judge John E. Domalakes accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:

Larry R. Dettery, 38, of Shenandoah; two counts of possession of drug paraphernalia and one each of theft, receiving stolen property and criminal mischief, time served to 12 months in prison, 12 months consecutive probation, $200 in SAEF payments, $100 in CJEA payments and $35.889 restitution. Prosecutors withdrew an additional count each of possession of drug paraphernalia and theft and one count each of defiant trespass, receiving stolen property and driving the wrong way.

Jennifer R. Fenstemaker, 25, of Pottsville; two counts each of theft and possession of drug paraphernalia and one each of possession of a controlled substance, theft by deception and retail theft; 47 months probation, $200 in SAEF payments and $940 restitution. Prosecutors withdrew three counts of receiving stolen property and two of burglary.

Steven Smith, 39, of Berwick; three counts each of conspiracy and retail theft and one of possession of drug paraphernalia; 36 months probation, $100 SAEF payment, $250 in CJEA payments, $356.75 bench warrant fee and $2,457.25 restitution. Prosecutors withdrew two counts of receiving stolen property.

Contact the writer, pbortner@republicanherald.com, 570-628-6014.


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