An Appanoose County man accused of possession with intent to distribute legal and illegal drugs on two separate occasions in February 2009 was sentenced Friday morning, Oct. 2.

Judge Kirk A. Daily in the Appanoose County Courthouse sentenced defendant Benjamin David Godby to five years in prison based on his guilty plea to possession of marijuana with intent to deliver, a D felony and in the other case to 180 days incarceration for pleading guilty to possession of marijuana, a serious misdemeanor, with both sentences to run concurrent. Judge Daily gave Godby credit for time served and suspended the prison sentence to five years probation with the Eighth Judicial District Department of Correctional Services. The judge ordered Godby to pay nearly $1,400 in fines, a 32 percent and a $125 law enforcement initiative surcharge on each count and $10 for each count to the Drug Abuse Resistance Education program. The judge revoked Godby's drivers license for 180 days for each count.

Based on trial information filed April 8 by Appanoose County Attorney Richard Scott, the 20-year-old Moravia resident was facing the possibility of up to 24 years in prison. Scott's first set of trial information included failure to affix a drug tax stamp, possession of a controlled substance with intent to deliver, Lorazepam, both D felonies, unlawful possession of a prescription drug and possession of a controlled substance, both serious misdemeanors. In the other case from Feb. 18, Scott filed trial information against Godby charging him with failure to affix a drug tax stamp and possession of a schedule II controlled substance with intent to deliver Hydrocodone and Methodone, both D felonies, and unlawful possession of a prescription drug and possession of a schedule I controlled substance, marijuana, both serious misdemeanors. The county attorney modified the second set of trial information on Aug. 21 to include count V, possession of a controlled substance with intent to deliver marijuana, a D felony.

Judge Daily dismissed seven counts and a pending misdemeanor charge against Godby.