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Des Moines, IA 50309
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WEEKLY CASE SUMMARY
08/11/2008 Robert Allen, Jr., FECR212210, came before the Court for a probation violation hearing. The defendant stipulated to the violations contained in the probation violation report. The State argued for revocation of his probation and imposition of the original 5 year prison sentence. The defendant was on probation for possession of a controlled substance-marijuana, third offense, in violation of Iowa Code Section 124.401(5), a Class D Felony. The defendant argued for contempt time in jail and continuation on probation. The Court imposed the original 5 year prison sentence. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Emir Aviles was placed on probation for the Unauthorized Use of a Credit Card. He was placed on probation for a period of two years and will be supervised by the Fifth Judicial District Department of Correctional Services. He was also ordered to maintain full time employment and complete any classes or programming established by his probation officer.

Angela Palmer received a deferred judgment on a Theft in the Third Degree charge. She was placed on probation for a period of twelve months and ordered to make restitution.

Jacqueline Thomas received a deferred judgment for the crime of Forgery. She was placed on probation for a period of two years to be supervised by the Fifth Judicial District Department of Correctional Services. She is also ordered to maintain full time employment, obtain her GED, and comply with any other recommendations of the Department of Corrections.

Amanda Wells appeared in court for a determination of whether she violated the terms and conditions of her probation. She stipulated that she did violate her probation and was found guilty of Forgery and also the crime of Possession of Marijuana. She was ordered to be in prison for a period not to exceed five years.

08/12/2008 Jason Case pled guilty to Possession of Ephedrine or Pseudoephedrine with Intent it be used to Manufacture a Controlled Substance, a class D felony, in Polk County Criminal case number FECR203867. After the defendant successfully completed in patient treatment, the Court deferred judgment and placed the defendant on probation for two years. This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

Lewis Small pled guilty to Possession of a Controlled Substance with Intent to Deliver as a Second or Subsequent Offender in Polk County criminal case number FECR218763. The Court sentenced the defendant to an indeterminate term of incarceration not to exceed fifteen years. Over the objection of the Polk County Attorney’s Office, the Court suspended the sentence and placed the defendant on probation for two years. This defendant was prosecuted by the Polk County Attorney's Office Drug and Gang Bureau.

On June 17th, 2008, Juan Moncada, Jr.,(FECR219185), 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), class D Felony. On August 12th, 2008, he came before the Court for sentencing. The State of Iowa argued for a 5 year suspended sentence and probation. At the time of his arrest he was in possession of 10 pounds of marijuana individually packaged in one pound baggies. The Defense argued for a deferred judgment and probation. The Court granted 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.

April Johnson was sentenced in Polk County District Court Criminal Number FE 218408. Johnson earlier pleaded guilty to Conspiracy to Deliver a Controlled Substance (in excess of 50 grams of “crack” cocaine). The State recommended Johnson be sentenced to prison in part based on Johnson’s prior probation opportunities and the large amount of “crack” cocaine involved in this case. District Court Judge Carla T. Schemmel suspended the 50 year prison sentence and placed Johnson on probation for two years and ordered her to the Women’s Residential Facility for maximum benefits. Johnson was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Megan Inge was sentenced for the crime of Possession of a Controlled Substance, methamphetamine, With Intent to Deliver, a Class C felony, in case FECR219733. Judgment was deferred and she was placed on probation for two years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Kristin Cartier was sentenced for the crime of Possession of a Controlled Substance, methamphetamine, With Intent to Deliver, a Class C felony, in case FECR220358. Judgment was deferred and she was placed on probation for two years. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

08/13/2008 Duane M. Yarbar was sentenced in Polk County District Court Number FE 220005. Yarbar earlier pleaded guilty to Possession of a Controlled Substance (“crack” cocaine) with Intent to Deliver and Failure to Possess a Tax Stamp. Yarbar was granted ten year and five year suspended sentences respectively and placed on probation. The sentences were ordered to be served consecutively to each other. If Yarbar will have to serve a mandatory minimum one-third of the ten year sentence if he is ordered to prison. Yarbar was ordered to cooperate with any substance abuse treatment recommendation and was fined amounts of $1000.00 and $750.00 dollars. Charges of Driving While Barred were dismissed. Yarbar was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

08/15/2008 Paul Wantoe, was found to have violated the terms and conditions of his probation. He was held in contempt of court and ordered to serve 90 days in the Polk County Jail. He was also further ordered to maintain full time employment and maintain contact with his probation officer.

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