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Habitual offender to serve full sentence




A Dublin man whose probation on a 2009 habitual offender conviction was revoked for a third time will end up serving the full sentence imposed in the case.

Pulaski County Circuit Court Judge Marcus Long Jr. ordered that Gregory Paul Hamby be sent to prison for the three years remaining on his original five-year sentence.

Hamby was convicted in August 2009 of driving after having been declared a habitual offender. Commonwealth’s Attorney Mike Fleenor pointed out at that time that Hamby was arrested for being intoxicated and testing positive for marijuana use while operating a moped.

Calling the defendant “a recipe for disaster,” Fleenor told the court Hamby had as many as eight convictions for intoxicated driving and three for being a habitual offender. “It’s troubling in that it appears most, if not all, of his offenses were alcohol related,” Fleenor told Judge Colin Gibb, who heard the case at that time.

“There’s no denying Mr. Hamby has a problem with alcohol. But he was raised around that and thought that was the way it was supposed to be. … “If anyone had been hurt that day, it would’ve been him,” Hamby’s attorney told Gibb. He suggested the matter could have been much worse had Hamby been driving a car instead of a moped.

Gibb, however, disagreed. “If it had been a car I’d have given him the maximum. It’s dangerous even if you’re driving a moped,” he said. The judge imposed a sentence that was at the midpoint in state sentencing guidelines, requiring Hamby to serve one year, four months of the five-year sentence.

“Don’t come back (before the court on new charges) and don’t drive another vehicle,” Gibb warned Hamby during the 2009 sentencing hearing.

Hamby was placed on three years probation upon release from custody. He was ordered to serve additional time on the sentence after being convicted of violating probation twice – in January 2012 and January 2013, according to court records.