KINGWOOD — A Rowlesburg man was sentenced to one-to-five years in prison for felony possession of a controlled substance with intent to deliver and six months in jail for misdemeanor possession of a controll-
ed substance.
Under a plea agreement, five additional counts against Justin Shane Moats were dropped.
Assistant Prosecuting Attorney Megan Allender told the court Thursday that she objected to some of the information in the pre-sentencing report. She said the state disagreed with Moats’s explanation of why he left his job at Federal No. 2 mine. She said information showed he was fired for failing a drug test.
Allender also said Moats lives in Rowlesburg and not in Tunnelton, as reported in the pre-sentencing report.
Moats’ attorney, Lance Rollo, told the court his client suffered punishment by being incarcerated four and a half months. He said he believed Moat’s goal was to get help for his drug problem. Rollo asked the court to sentence Moats on the misdemeanor charge of conspiracy and give him time served, which would wipe out the jail time and allow him to obtain drug counseling through drug court.
Preston Judge Lawrance Miller Jr. told Moats he was not a good candidate for alternative sentencing. He said Moats has a lengthy criminal history and a sporadic employment history, which included being fired by three employers for not complying with the rules.
The judge said four of six drug tests taken by Moats were positive. Miller added that Moats had two appointments to apply for Drug Court and did not show up for either appointment.
Miller recommended Moats receive drug counseling while incarcerated.
