Gallia County Prosecuting Attorney, Jason D. Holdren, announces that the Fourth District Court of Appeals recently upheld two Gallia County convictions and sentences. Assistant Prosecuting Attorney Isaac Beller handled the appellate cases for the State of Ohio. The cases decided are as follows:
Vandonte Duncan, age 50, of Columbus, Ohio, was convicted of Possession of a Fentanyl Related Compound (40.8428 grams of Fentanyl), a felony of the first degree, and Trafficking in a Fentanyl Related Compound (40.8428 grams of Fentanyl), a felony of the first degree. Duncan was sentenced to a mandatory minimum prison sentence of six years with a maximum period of nine years in prison. Upon his release, Duncan will be placed on post release control for at least two years and up to five years. On appeal, Duncan argued that the trial court erred in overruling his Motion to Suppress Evidence. The appellate court ruled in favor of the State. Duncan’s expected release date from prison is August 4th, 2029.
Jose Miguel Myers, age 27, of Charleston, West Virginia, was convicted of Possession of a Fentanyl Related Compound (17.73 grams of Fentanyl), a felony of the second degree, and Trafficking in a Fentanyl Related Compound (17.73 grams of fentanyl), a felony of the second degree. Myers was sentenced to a mandatory minimum of seven years in prison with a maximum period of 10.5 years in prison. Upon his release, Myers will be placed on post release control for at least 18 months and up to three years. On appeal, Myers argued that the trial court erred in denying his Motion to Suppress Evidence relating to his traffic stop and statements given to police. Myers further argued that the State failed to present sufficient evidence to prove him guilty beyond a reasonable doubt and that his jury conviction was against the manifest weight of the evidence. The appellate court ruled in favor of the State on all counts. Myers’s expected release date from prison is March 14, 2030.
