Yvonne Kersey Sentenced to Class D Felony Maintaining a Common Nuisance Charge

Yvonne Kersey, 54, of New Albany, pled blind to a Class D Felony charge of Maintaining a Common Nuisance and was sentenced yesterday in the Floyd County Circuit Court.

Due to the nature of a blind plea, Circuit Court Judge J. Terrence Cody had discretion in determining the sentence. Kersey was given credit for two actual days served in the Floyd County Jail and sentenced to 544 days suspended time with the Indiana Department of Corrections, 544 days supervised probation. In addition, Kersey was ordered to perform 100 hours of community service and to pay court costs and fines. She will be randomly drug tested by the Floyd County Probation Department and is now considered a convicted felon.

Previously, Kersey’s husband Frank Lucchese, 60, also of New Albany, was sentenced to Dealing in Marijuana as a Class C Felony. He also pled blind, and was ordered by Judge Cody to serve 180 days with the Indiana Department of Corrections, spend six months on the Probation Department’s Home Incarceration Program, and spend two years on supervised probation.

According to prosecutors, Lucchese was prepared to testify on behalf of Kersey at trial. If Kersey had wanted to pursue her right to a trial by her peers, Lucchese would testify that he was dealing marijuana from the home they shared, and that Kersey had no involvement  in any drug distribution.

Originally, Kersey had been charged the same as her husband: to Dealing  in Marijuana, a Class C Felony; Possession of Marijuana,  a Class D Felony; Maintaining a Common Nuisance, a Class D Felony; and Possession of Paraphernalia, a Class A Misdemeanor.

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