A defendant in the Greenbrier County Circuit Court has pleaded guilty to grand larceny after a 2020 car robbery on Tuesday, January 25.
Hillary M. Martin was indicted in October 2020 on one count of grand larceny.
“Martin feloniously, unlawfully, and intentionally committed the simple larceny of goods or chattels of the value of one thousand dollars ($1,000.00) or more, with the intent to permanently deprive the owner thereof,” reads the indictment. “More specifically, on or about April 14, 2020, in or near Charmco [Martin] took, stole, and carried away a motor vehicle, … a red 1996 Jeep Cherokee, valued in the amount of $2,500.”
Assistant Prosecutor Bethany Burdette further explained during the hearing.
“On or about April 14 of 2020, … near Charmco … Martin took a vehicle that she did not have permission to take,” Berdette said. “She took that vehicle without … permission. It was valued in excess of $2,500 and she did so at the time with the intent to permanently deprive [the victim] of that property. It ended up, … subsequently, in Mercer County.”
Martin both agreed the state’s description was truthful and declined to give her version of events.
Greenbrier County Circuit Court Judge Jennifer Dent asked Martin to explain her understanding of the plea.
“That I will be referred to the [Getting Over Addictive Lifestyles Successfully Program] (GOALS), complete the GOALS program, and plead guilty … to grand larceny,” said Martin.
The deal, as explained by Dent, indicates the defense and prosecution “are jointly recommending the GOALS program within the West Virginia Division of Rehabilitation and Correction, and that you be entitled to argue for an alternative sentence upon completing the GOALS program. It further indicates that the parties recommend that any sentence [of] incarceration run concurrently to any sentence of incarceration imposed in Mercer County Circuit Court.”
Dent also noted “the worst thing that can happen to you as a result of your guilty plea to the felony of grand larceny, and that is an indeterminate sentence in the penitentiary at this stage for not less than one year no more than 10 years, or confinement in jail not more than a year, and a fine of not more than [$2,500].”
At first, when asked if she understood and had gone over everything the state would have to prove to find her guilty at trial, Martin responded “No, not everything. … “Basically all of everything”
The court then went into recess, allowing defense attorney Martha Fleshman to speak with Martin.
“[There was discussion about] the possibility of other lesser included charges and perhaps taking it to trial and so forth,” explained Fleshman. “I think that’s probably why it’s gotten a little muddy. … [During the recess], we also talked specifically about intent, the lack of ability to form requisite intent, and what would be involved in trying to convince a jury that she had voluntarily put herself in that state of mind. There is an argument there for a defense, but we do not believe that it would be a successful argument.”
Martin agreed.
Ultimately, Martin plead guilty to grand larceny and Dent accepted the plea.
