XENIA — A man found guilty of robbery, kidnapping and abduction by a Greene County jury in April was not sentenced June 9 as planned.
Bryan Goney, 38, was arrested in November 2016 as a suspect in a robbery that occurred at the Circle K on East Dayton Yellow Springs Road in Fairborn.
The final disposition and sentencing hearing for Goney followed a two-part procedure. First, the state attempted to prove that the repeat violent offender specification had been met for count one, robbery, and count three, kidnapping.
Assistant Prosecutor David Hayes called Fairborn Police Department Detective Ryan Whittaker to the stand, who testified that he had obtained a certified copy from the Montgomery County Common Pleas Court of an entry pertaining to previous convictions of the defendant.
The “termination” or sentencing entry showed nine previous convictions of kidnapping, aggravated robbery, breaking and entering, rape, arson, tampering with evidence and grand theft.
Defense attorney Anthony Sullivan objected to the authenticity of the document, which was a “copy of a certified copy.”
Judge Michael Buckwalter called a brief recess for the court to deliberate on the matter. As the hearing resumed, Buckwalter made the determination to continue the sentencing hearing on another date.
“The court is in no position to reach an answer to that because after a recent preliminary attempt at researching this, it’s going to take more time,” he said.
In closing, the judge instructed counsel to research criminal rules related to the matter. A sentencing hearing will be scheduled for a future date.
Contact Anna Bolton at 937-502-4498.
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