A Windham man who had portions of his four-year prison sentence overturned by an appeals court based on technical errors committed during his September 2011 trial in Portage County Common Pleas Court
Judge Laurie Pittman recently re-sentenced Dawayne L. Taylor, 33, to four years in prison after the 11th District Court of Appeals in Warren recently ordered a new sentencing. A three-judge panel ruled that errors in his original conviction required a new hearing, but upheld the conviction itself.
Pittman gave Taylor 36 months in prison on a third-degree felony charge of having weapons under felony disability and 11 months in prison on a fourth-degree felony cocaine possession charge, that one based on a May 5, 2011, arrest by Kent police.
With 558 days credit for time already served in jail and awaiting a ruling on his appeal, Taylor must serve only two-and-a-half more years in prison. Pittman told Taylor that once he had served 50 percent of his sentence, she would consider him for judicial release.
Pittman also returned to Taylor approximately $391 in cash the appeals court said was improperly forfeited to police.
Pittman told Taylor he may perform community service at a rate of $8 per hour over no more than 40 hours per week in order to pay off a $350 fine.
A jury found Taylor guilty of having a weapon under disability, a third-degree felony, and trafficking in marijuana, a fifth-degree felony, in September 2011 based on a March 27, 2011, arrest by Kent police.
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