IN THE WAYNE SUPERIOR COURT NO.

2020 TERM

CAPTION: STATE OF INDIANA vs. MARY YORK

CAUSE NO: 89D01-1910-F5-0001 13

JUDGMENT AND SENTENCE

This matter is called for change of plea and sentencing hearing on the Plea Agreement previously
filed by the parties. The Defendant, Mary York, appears with counsel, William R. Frederick.
Michael W. Shipman and Ashley J. Green, Prosecuting Attorney and Deputy Prosecuting Attorney,
appear for the State of Indiana. Pamela Waters, Adult Probation Officer, also appears.

Defendant's counsel states Defendant desires t0 withdraw Defendant’s previous not guilty pleas and
enter guilty pleas t0 the charges of Neglect of a Dependent, a Level 6 Felony, as charged in Count
IIof the Information, Neglect of a Dependent, a Level 6 Felony, as charged in Count IV of the
Information, Neglect 0f a Dependent, a Level 6 Felony, as charged in V 0f the Information and
Neglect of a Dependent, a Level 6 Felony, as charged in Count VI 0f the Information. The Court
advises Defendant of constitutional guarantees, the possible consequences of entering guilty pleas,
and those matters set forth in LC. 35-35—1-2. Defendant with counsel moves to withdraw
Defendant’s previous not guilty pleas. Such Motion is granted, and Defendant’s previous not guilty
pleas are withdrawn. Defendant enters pleas of guilty to the charges of Neglect of a Dependent, a
Level 6 Felony, as charged in Count II ofthe InformatiOn, Neglect of a Dependent, a Level 6 Felony,
as charged in Count IV ofthe Information, Neglect of a Dependent, a Level 6 Felony, as charged in
V 0f the Information and Neglect of a Dependent, a Level 6 Felony, as charged in Count VI of the
Information. A factual basis is established in order to accept Defendant's guilty pleas. And the
Court, having heard the evidence and the statements ofcounsel, and having examined and considered
the Pre-Sentence Report, accepts Defendant's guilty pleas, and finds the Defendant guilty of such
charges.

IT IS THEREFORE ORDERED AND ADJUDGED that {he Defendant, Mary York, is 44 years 0f
age, and Defendant is guilty of the crimes of Count II, Neglect 0f a Dependent, a Level 6 Felony,
I.C 35—46- 1--4(a)(1) Count IV
Neglect 0f a Dependent, a Level 6 Felony, I. C. 35 46- 1--4(a)(3)
Count V, Neglect 0f a Dependent, a Level 6 Felony, I. C. 35- 46- 1--4(a)(3) and Count VI, Neglect 0f
a Dependent, aLevel 6 Felony, I. C. 35- 46— 1--4(a)(1)

IT IS FURTHER ORDERED that JUDGMENT OF CONVICTION be, and hereby is entered against
the Defendant, Mary York, on the charges of Count II, Neglect of a Dependent, a Level 6 Felony,
I.C. 35-46—1-4(a)(1),Count IV, Neglect of a Dependent, a Level 6 Felony, I.C. 35-46-1—4(a)(3),
Count V, Neglect of a Dependent, a Level 6 Felony, I.C. 35-46- 1 -4(a)(3), and Count VI, Neglect of
a Dependent, a Level 6 Felony, LC. 3 5-46- 1 -4(a)( 1 ).

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 Judgment and Sentence
State of Indiana vs. Mary York
Cause No.2 89D01—1910-F5-0001 13

Evidence and statements of counsel are heard, and Pre-Sentence‘ Report re-examined upon
sentencing. In open court, the following obj ections, corrections, and/or additions to the Pre-Sentence
Report are addressed:
Page five (5) of said report is corrected to reflect the Defendant's sister's name to Tena.

IT IS ORDERED AND ADJUDGED that Defendant, Mary York, i's

committed to the custody ofthe
Wayne County Jail (pursuant to LC. 35-38-3-3 and based 0n Defendant's earliest possible release
date) for a period of twoand one-half (2 1/2) years, with all time suspended but for time served to
the date of sentencing, 0n each of the Counts II, IV, V and VI, Neglect of a Dependent, a Level 6
Felony. Said sentences on Counts II, IV, V and VI shall be served concurrently. The Defendant is
placed on probation for that suspended term, with such probation t0 be supervised by the Wayne
County Probation Department upon terms and conditions ofprobation set forth in the Agreement of
Probation and attached Conditions ofProbation, which document is marked as Court’s Exhibit One,
a copy of which is attached to this Judgment and Sentence. Defendant acknowledges receipt of a
copy of Court’s Exhibit One, and Defendant indicates that Defendant understands the terms and
conditions set forth therein.

IT IS FURTHER ORDERED that in the event that the Defendant successfully completes all

conditions of Defendant’s probation, the Defendant’s convictions shall be entered as an alternative

Class A Misdemeanors, pursuant to I.C. 35-38-1-1 .5. In such event, the Wayne County Probation
Department shall certify to the Court that Defendant has successfully completed Defendant’s
probation.

The Court notes that the above sentence is consistent With the Plea Agreement entered into between
the Defendant and Defendant’s counsel and the State.

.
Defendant shall pay the costs of this action in the amount of $185.00.

The Court finds and the Defendant agrees that Defendant has spent one (1) actual day in confinement
as a result 0f this cause, said time calculated as follows:
October 15, 2019 to October 15, 2019 1 actual day

and that Defendant is entitled t0 credit for time so spent towards the sentence of imprisonment. The
Court finds that with good time credit Defendant is entitled t0 an additional one (1) day for a total

of two (2) days credit.

The Court further finds that with credit for time spent in confinement, Defendant has served that
portion of Defendant's sentence which is not suspended, and IT IS THEREFORE ORDERED that
Defendant be permitted to go at liberty upon the terms and conditions of Defendant's probation.

IT IS FURTHER ORDERED that the cash bond posted by the Defendant in this cause be applied

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Judgment and Sentence
State of Indiana vs. Mary York I

Cause No.: 89D01-1910—F5-0001 13

to the costs of these proceedings as follows:

Bond Fees (in the event same has not $ 50.00

already been retained)

Special Death Benefit Fee $ 5.00

Court Costs $ 185.00

Administrative Probation Fee $ 100.00
Initial Probation User’s Fee $ 100.00

The balance of the cash bond, if any, shall be released to the Defendant.

IT IS FURTHER ORDERED, consistent with the plea agreement 0f the parties, that any weapon
seized 0f Defendant during the investigation of this cause be destroyed by the appropriate law
enforcement agency pursuant to Indiana Code § 3 5-47-3 -2(c)(5), provided, however, that in the event
that any such weapon is being held as evidence in any co-defendant or other cause, said weapon shall
not be destroyed until the disposition of said cause or causes, and in the event that said weapon is

the lawful property 0f a person or agency, said weapon may be returned to said person or agency.

The State of Indianaprally moves to dismiss Counts

and VII of the pending Information
I, III

pursuant to the terms' and conditions of the Plea Agreement, and the Court finds that such Motion
should be granted.

IT IS THEREFORE ORDERED that Counts I, III and VII of the Information be, and hereby are
dismissed.

This entry is made this date for hearing held on October 8, 2020.

Judge, Wayne Superior Court N0.

1/
Dated: October 13, 2020

Distribution:
Michael W. Shipman and Ashley J. Green, Wayne County Prosecuting Attorneys
William R. Frederick, Counsel for Defendant
Pamela Waters, Adult Probation Officer
Richmond Police Department, Attn: Property and Evidence
Wayne County Sheriffs Department, Attn: Property and Evidence

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