James T. Matuke III

A Butler man once sentenced to the state Intermediate Punishment Program entered a new plea agreement in three cases and was resentenced to the county Intermediate Punishment Program in Butler County Court on Wednesday.

James T. Matuke III, 29, admitted to violating the state program and pleaded guilty to two felony counts of conspiracy to commit possession with intent to deliver a controlled substance and felony possession with intent to deliver a controlled substance before President Judge Thomas Doerr.

He was then immediately sentenced to 36 months of the county Intermediate Punishment, with the first 90 days in Butler County Prison or to be spent in an inpatient rehabilitation facility, followed by 90 days house arrest with electronic monitoring and reporting to the Day Reporting Center.

The Day Reporting Center program allows defendants to remain in the community and receive appropriate substance abuse treatment.

The remaining 2½ years will be spent on probation, which will then be followed by another 2 years of county probation from two other cases, for a total probation of 4½ years.

Doerr also ordered that he pay court costs and restitution, and complete 100 hours of community service.

After completing the Day Reporting Center portion of the sentence, Doerr allowed the supervision to be transferred to Texas.

Matuke had previously pleaded guilty to the same charges and was sentenced to 2 years in the state Intermediate Punishment Program, followed by 60 months of probation in August 2016.

As part of that plea he also entered an alternative plea that stated if he was unsuccessful in completing the program he would be sentenced to 3 to 6 years in state prison. However, that previous sentence was revoked per the new plea agreement and sentence. He was given no credit for time served because he failed to complete that program.

Matuke was initially charged with felony conspiracy and criminal use of a communications facility after an incident on Jan. 10, 2014, for the $100 sale of 10 stamp bags of heroin in Butler.

He was then also charged with the same counts, as well as felony conspiracy to criminal use of a communications facility after an incident on Jan. 16, 2014, again for a $100 sale of heroin to an undercover officer.

Matuke was also charged with felony possession with intent and misdemeanor possession of drug paraphernalia after an incident in the 300 block of West North Street on Aug. 22, 2014, Police said while Matuke was being arrested on a warrant, he was found in possession of 30 stamp bags of heroin and three crack cocaine rocks in his pants pocket.