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Weekly Case Summary
6/21/2010

Robert Vignovich pled guilty to Burglary in the Third Degree in Polk County Criminal case number FECR 230421. The Court accepted his plea and set his sentencing for August 3, 2010.

Franklin Birdine pled guilty in FE230296 to Fraudulent Practice 2nd Degree. At sentencing on August 4, 2010, the parties expect to request that he be granted a deferred judgment.

Le Lovan pled guilty on FE236387 to the lesser charge of Fraudulent Practice 3rd Degree. Lovan admitted he had entered into a contract with Iowa Medicaid to provide assisted living services to a family member. In March and April of 2008 and 2009, Lovan provided verification to the Medicaid program for services he never provided. Lovan paid restitution of $1487.28 up front and then entered his plea. The Court granted Lovan a Deferred Judgment and placed him on probation for one year. Although Lovan can say he has never been convicted of a crime if he successfully completes the terms of his deferred judgment, he will be barred through Medicaid from providing services in the future.

Arthur Ramirez was sentenced to probation in FE235255. Ramirez pled guilty to Fraudulent Practice 2nd Degree on My 3, 2010. The Court granted Ramirez probation based on recommendations of the Attorneys. He will be required to participate in a meeting with Iowa Work Force Development and pay the state back the money he received when he fraudulently falsely reported a lack of income to IWFD. Pursuant to the plea agreement, a misdemeanor charge of eluding was dismissed, but Ramirez pled guilty to Reckless Driving, Failure to obey a stop sign and unsafe passing.

Travis Harvey stipulated that he violated the terms and conditions of his probation in FE217501. He admitted he was drinking and provided a preliminary breath test of .077. He admitted he was driving a vehicle and hit another car, then fled the scene. Disposition will be held on July 1, 2010. Pending disposition he will undergo a substance abuse evaluation.

Medalis Dubinovic was granted probation in a series of theft cases. He pled guilty on May 4, 2010 to five (5) counts of Theft 2nd Degree in FE232259, FE233697, FE233698 and FE233782. Pursuant to the plea agreement, all counts were run consecutive to each other for a total period of incarceration not to exceed 25 years. The Court suspended the sentence and placed him on probation for five (5) years. Another felony, two misdemeanors and a traffic offense were dismissed pursuant to the plea agreement.

State of Iowa v. Michael Wayne Palmer FECR234843 - The defendant in this case, Michael Wayne Palmer, plead guilty on April 22, 2010 to Theft in the Second Degree for stealing a truck belonging to his employer, Randy Cochran and Richard Murray, of Ohio. Following a presentence investigation, on June 21, 2010, the defendant appeared in court for sentencing. The defendant had a lengthy criminal record including prior prison terms in Ohio. The court sentenced the defendant to five years in prison on this case. The defendant was given credit for time served since his arrest on January 29, 2010.

6/22/2010

Ryan Rhoades pled guilty to three counts of Burglary in the Third Degree, three counts of Theft in the Second Degree, and one count of Attempted Burglary in the Second Degree in Polk County Criminal Cases FECR23331 and FECR234006. The Court accepted his guilty pleas and set his sentencing for August 3, 2010. At the time of sentencing, the parties will recommend a prison sentence not to exceed twenty-five years.

Paul Sowden appeared for a probation violation hearing in Polk County Criminal case FECR223778. The defendant stipulated that he had violated terms of his probation, his probation was revoked, and he was sentenced to an indeterminate term of incarceration not to exceed five years.

Harry Rissman Jr. pled guilty to Theft in the Second Degree in Polk County Criminal case FECR236352. The Court accepted his plea and set sentencing for August 3, 2010.

On May 10, 2010, Theodore R. Brightman, FECR234833, pled guilty to Possession of a Controlled Substance with Intent to Deliver-marijuana, as alleged in the Trial Information, in violation of Iowa Code Section 124.401(1)(d), a Class D Felony. On June 22, 2010, he came before the Court for sentencing and received a deferred judgment and probation with the applicable $750.00 civil penalty. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

6/23/2010

Heather Aldridge plead guilty to the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony, in case number FE235403. She will be sentenced on August 4, 2010 at 2:30 p.m. in courtroom 207 and faces a maximum indeterminate term of ten (10) years in prison with a mandatory minimum term of one-third which she may be required to serve prior to becoming eligible for parole. This sentence may be suspended or judgment deferred and she may be placed on probation. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Dedric Roland plead guilty to the crimes of Possession of a Controlled Substance, Third Offense and Second Offense, a Class D felony and an aggravated misdemeanor, in case number FE209185. He will be sentenced on July 20, 2010 at 3:00 p.m. in courtroom 207 and faces a maximum indeterminate term of five (5) years and two (2) years in prison. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 17, 2010, Defendant Nathan Williams, entered a plea of guilty to the charge of: Possession of a Controlled Substance Third Offense, as alleged in Count II of the Trial Information, in violation of Iowa Code Section(s) 124.401(5), a Class D Felony. On June 23, 2010, Defendant Nathan Williams, was sentenced to a period of incarceration not to exceed 5 years for the charges of: Possession of a Controlled Substance Third Offense, as alleged in Count II of the Trial Information, in violation of Iowa Code Section (s) 124.401(5), a Class D Felony. The sentence in this matter was suspended and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Nathan Williams, was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

6/24/2010

In Case Number FECR236974, Joseph Bryan Moberly plead guilty to one count of Lascivious Acts with a Child and One count of Sexual Abuse in the Third Degree. He was sentenced to a term not to exceed ten years on each count, to run consecutively for a period not to exceed 20 years.

Harmony Henning pled guilty to Fraudulent Practice 3rd Degree, an aggravated misdemeanor. She was granted a 2 year suspended sentence and placed on probation for 2 years. She is required to make restitution to Iowa Work Force Development, complete a Life Skills class and complete 100 hours of community service work.

Chance Acosta entered into a stipulation to the minutes in FE233042. The Court found him guilty to Burglary in the 3rd Degree, a Class D Felony. Acosta had previously been a participant in the Youthful Offender Program, a diversion program for young 1st time felony offenders. He was unsuccessful in that program and revoked. He requested immediate sentencing and agreed to be sentenced to prison for 5 years.

Teono Smith was found to have violated the conditions of his probation in case numbers FE216499. He was sentenced to a maximum indeterminate term of twenty-five (25) years and must serve a mandatory one-third term before he becomes eligible for parole. He was on probation for the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Dennis Risius plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE236286, as a second or subsequent offender. He will be sentenced on August 9, 2010 at 9:00 a.m. in courtroom 207 and faces a maximum indeterminate term of thirty (30) years in prison with a mandatory minimum term of one-third which he will be required to serve prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

6/25/2010

On May 14, 2010, Brian Gullion, FECR234754, pled guilty to Possession of a Controlled Substance with Intent to Deliver-marijuana, as alleged in Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)(d), a Class D Felony. On June 25, 2010, he came before the Court for sentencing and received a deferred judgment and probation with the applicable $750.00 civil penalty. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. Christina Nevins – FECR236268 – This defendant pled guilty to Theft in the Third Degree as a lesser included offense for stealing money from her employer of approximately $1,000. The defendant was ordered to participate in a Victim Offender Reconciliation Program meeting with the victim to determine restitution and the impact of the crime on the victim. After that session is complete, a sentencing will be held on August 5, 2010, at 9:30 a.m. in courtroom 204.

State of Iowa v. Nicole Zimmerman – FECR233781 – This defendant pled guilty to Theft in the First Degree, a Class C Felony, for embezzling funds from her employer of more than $10,000. The Department of Corrections will prepare a presentence investigation report to be used at the sentencing which will be held on August 5, 2010, at 9:00 a.m. in courtroom 204.

On June 25, 2010, Defendant Jenny M. Strong, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver as a Habitual Offender, as alleged in Count I of the Trial Information, in violation of Iowa Code Section(s) 124.401(1)(c)(8), and 902.8, a Class C Felony On June 25, 2010, Defendant Jenny M. Strong, was sentenced to a period of incarceration not to exceed 15 years for the charge of: Possession of a Controlled Substance With Intent to Deliver as a Habitual Offender, as alleged in Count I of the Trial Information, in violation of Iowa Code Section (s) 124.401(1)(c)(8), and 902.8, a Class C Felony. The defendant shall be committed to the custody of the Director of the Iowa Department of Corrections Jenny M. Strong, was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On May 11, 2010, Defendant Wayne McCaleb, Jr., entered a plea of guilty to the charges of: Possession of a Controlled Substance With Intent to Deliver, as alleged in Count I of the Trial Information, and Failure to Possess a Drug Tax Stamp, as alleged in Count II of the Trial Information, in violation of Iowa Code Section(s) 124.401(1)(d), 453B.3, and 453B.12, Class D Felonies. On June 24, 2010, Defendant Wayne McCaleb, Jr., was sentenced to a period of incarceration not to exceed 10 years for the charges of: Possession of a Controlled Substance With Intent to Deliver, as alleged in Count I of the Trial Information, and Failure to Possess a Drug Tax Stamp, as alleged in Count II of the Trial Information, in violation of Iowa Code Section (s) 124.401(1)(d), 453B.3, and 453B.12, Class D Felonies. These sentences shall run consecutive to each other. The sentences in this matter were suspended and the defendant was placed on probation for a period of 5 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Wayne McCaleb, Jr., was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

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