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Weekly Case Summary
04/25/2011

On April 25, 2011, Elizabeth Best plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class B felony, as a second or subsequent offender, in case number FE239526. She will be sentenced on June 20, 2011 at 8:30 a.m. in courtroom 209A and faces a maximum indeterminate term of seventy-five (75) years in prison and will be required to serve a mandatory one-third term of whatever term is imposed prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 25, 2011, Raul Guzman plead guilty to the crime of Conspiracy to Deliver a Controlled Substance, a Class C felony, in case number FE243737. He was sentenced to a maximum indeterminate term of ten (10) years in prison and must serve a mandatory one-third term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 25, 2011, Constantina Guzman plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE243735. She was sentenced to a maximum indeterminate term of ten (10) years in prison and must serve a mandatory one-third term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 25, 2011, Pamela Ethell plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE243532. She will be sentenced on June 10, 2011 at 10:00 a.m. in courtroom 207 and faces a maximum indeterminate term of ten (10) years in prison. She will be required to serve a mandatory one-third term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Richard Steil stipulated he violated the terms and conditions of his probation by being revoked from his aftercare program. His probation was revoked and he was sentenced to a term of incarceration not to exceed fifteen (15) years as a habitual offender in FE239127.

Brandon Clement was sentenced in OM70655 on the charges of Serious Injury by Vehicle while under the influence of alcohol or controlled substance, two counts and child endangerment. Mr. Clement admitted during his plea that he had used marijuana and then drove with his wife and child in his vehicle. He was arguing with his wife, speeding through a school zone during dismissal. He over corrected his driving and t-boned another vehicle operated by a woman who had a child in the vehicle. The victim suffered broken ribs and the victim child suffered a broken collar bone. The Defendant believed at the time of his plea that he would be sentenced to prison. Between the time of his plea and the sentencing, he was given the idea he may be granted probation. The State argued for prison based on the fact that the felony charges of Serious Injury by Vehicle while under the influence of alcohol or controlled substance are offenses for which the Court cannot suspend sentence. The Defendant asked for probation. The Court concurred with the State and did sentence the Defendant to prison for a period not to exceed five years.

Christopher Fonza pled guilty and was granted a deferred judgment in FE243527 to two counts of forgery as aggravated misdemeanors.

Mandola Pope was found to be in violation of his probation in FE239616 when the Court found by a preponderance of the evidence that he had failed to sign up for probation and had failed to register as a sex offender. His probation was revoked and he was sentenced to prison for a period not to exceed ten (10) Years.

On April 25, 2011, Michael Bivians was sentenced in Polk County Criminal Number FECR242702 for the crime of Possession of a Controlled Substance with Intent to Deliver (Methamphetamine). Over the State’s objection, the Court granted Michael Bivians a deferred judgment and placed him on probation for a period of 5 years. The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

04/26/2011

On April 26, 2011, Matthew Lee Freeborn, FECR243582, pled guilty to Conspiracy to Manufacture a Controlled Substance-methamphetamine, as a lesser included offense of Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony as a Second or Subsequent offender, in violation of Iowa Code Section 124.411 and Possession of Lithium with Intent it be used to Manufacture a Controlled Substance-methamphetamine, as alleged in Count IV of the Trial Information, in violation of Iowa Code Section 124.401(4), a Class D Felony. The defendant requested immediate sentencing and received 15 years on Count I with a mandatory one third requirement before being eligible for parole and 5 years on Count IV. The Court ran both counts consecutive to each other for a total period of incarceration not to exceed 20 years. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 26, 2011, Shea C. Rollins, FECR243207, pled guilty to Manufacturing a Controlled Substance-methamphetamine, as a lesser included offense of Count I of the Trial Information, in violation of Iowa Code Section 124.401(1)( c )(6), a Class C Felony. The defendant waived time and notice and requested immediate sentencing. He was sentenced to prison for ten years with the requirement that he serve a mandatory one-third of the sentence before being eligible for parole. The remaining counts of the Trial Information were dismissed. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On April 26, 2011, Chad Marchino was found to have violated the terms of his probation. The Court found the defendant in contempt and sentenced him to serve 40 days in jail. The defendant was further ordered on the electronic monitoring system through the department of corrections, complete the CALM class and provide frequent UA’s.

04/27/2011

04/28/2011

On April 28, 2011, Mandi Stone pled guilty in Polk County Criminal Number FECR240792 to the crime of Possession of a Controlled Substance with Intent to Deliver (Methamphetamine). Sentencing was set for a later date. The defendant is being prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

State of Iowa v. Kelly Moore – FECR245220 – This defendant was arraigned on two counts of Burglary in the Third Degree, both Class D felonies and entered a plea of not guilty to both charges. A pretrial conference was set for May 26, 2011, at 2:15 p.m. in Room 204 and trial was set for June 22, 2011.

State of Iowa v. Deloris Sims – FECR245221 – This defendant was arraigned on two count of Burglary in the Third Degree, both Class D felonies and entered a plea of not guilty to both charges. A pretrial conference was set for June 2, 2011, at 2:15 p.m. in Room 204 and trial was set for June 22, 2011.

State of Iowa v. Cory Curtis – FECR244965 – This defendant was arraigned on the charges of Possession of a Controlled Substance With the Intent to Deliver, a Class D felony and Failure to Possess a Tax Stamp, also a Class D felony. To both of these charges the defendant entered a plea of not guilty. A pretrial conference was set for May 26, 2011, at 2:30 p.m. in Room 207 and trial was set for June 22, 2011.

State of Iowa v. Brandie Selsor – FECR244969 – This defendant was arraigned on the charges of Possession of a Controlled Substance With the Intent to Deliver, a Class D felony and Failure to Possess a Tax Stamp, also a Class D felony. To both of these charges the defendant entered a plea of not guilty. A pretrial conference was set for May 26, 2011, at 2:30 p.m. in Room 207 and trial was set for June 22, 2011.

State of Iowa v. Armandito Perez-Pena – FECR244616 – This defendant was arraigned on the charge of Theft in the Second Degree, a Class D felony and entered a plea of not guilty. A pretrial conference was set for May 26, 2011, at 2:00 p.m. in Room 204 and trial was set for June 22, 2011.

State of Iowa v. Samantha Ekstein – FECR245256 – This defendant was charged with Possession of a Controlled Substance With Intent to Deliver, Hydrocodone, a Class C felony and Failure to Possess a Tax Stamp, a Class D felony. To both of these charges the defendant entered a plea of not guilty. A pretrial conference was set for May 26, 2011, at 2:00 p.m. in Room 207 and trial was set for June 22, 2011.

State of Iowa v. Joshua Paddock – FECR245216 – This defendant was charged with Possession of a Controlled Substance With the Intent to Deliver, a Class D felony and Failure to Possess a Tax Stamp, also a Class D felony. To both of these charges the defendant entered a plea of not guilty. A pretrial conference was set for May 26, 2011, at 2:15 p.m. in Room 207 and trial was set for June 22, 2011.

State of Iowa v. Courtney Nall – FECR244087 – This defendant plead guilty to Theft in the Third Degree as a lesser included offense of the Trial Information and Unauthorized Use of a Credit Card, Aggravated Misdemeanor. The defendant received a two year suspended sentence on each count to run consecutive to one another for a total suspended sentence of four years. The defendant was placed on two years of probation and ordered to comply with all terms and conditions as set forth by the probation officer including restitution and a Victim Offender Reconciliation Program. The defendant admitted taking property from the victim and using the victim’s credit card without her permission.

State of Iowa v. Brian Allen – FECR244358 – This defendant plead guilty to Theft in the Third Degree as a lesser included offense of the Trial Information, an Aggravated Misdemeanor and acknowledged taking possession of the property belonging to Target Stores without permission and with the intent to deprive the owner of the property. The defendant received a deferred judgment and was placed on two years of probation and ordered to comply with all terms and conditions as set forth by the probation officer including restitution and Victim Offender Reconciliation Program.

State of Iowa v. Tonja Talbert – FECR244090 – This defendant plead guilty to Forgery, a Class D felony and acknowledged cashing a counterfeit payroll check with the intent to defraud. A presentence investigation will be completed and at the time of sentencing the State will follow the recommendation of the PSI report. Sentencing is set for June 2, 2011, at 10:30 a.m. in Room 204.

04/29/2011

On March 14, 2011, Defendant Virginia Baker, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class B Felony, in violation of Iowa Code Section(s) 124.401(1)(b)(7), and Possession of a Controlled Substance with Intent to Deliver, as alleged in the Trial Information, a Class C Felony, in violation of Iowa Code Sections 124.401(1)(c)(6). On April 29, 2011, Defendant Virginia Baker, was sentenced to a period of incarceration not to exceed 25 years for the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class B Felony, in violation of Iowa Code Section(s) 124.401(1)(b)(7) and a period of incarceration not to exceed 10 years on the charge of Possession of a Controlled Substance with Intent to Deliver, a Class D Felony, in violation of Iowa Code Sections 124.401(1)(c)(6). Virginia Baker was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On March 18, 2011, Defendant Frankie Lankford, entered a plea of guilty to the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On April 29, 2011, Defendant Frankie Lankford, was sentenced to a period of incarceration not to exceed 5 years for the charge of: Possession of a Controlled Substance With Intent to Deliver, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). The sentence in this matter was deferred and the defendant was placed on probation for a period of 2 years. The defendant shall be supervised by the Fifth Judicial District Department of Correctional Services. Frankie Lankford was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Ryan Zeroni was revoked from the Intensive Supervision Drug Court program in FE236744 on April 19, 2011. He was caught adulterating his UA with someone else’s urine. Upon his revocation he pled guilty to Possession of a Controlled Substance as a Third Offense as a Habitual Offender. He was sentenced to fifteen (15) years in prison; he has to serve a minimum three (3) years before he is eligible for parole.

On April 29, 2011 Colby Alan Palmer pled guilty to Assault with Intent to Inflict Serious Injury and Assault on a jailer. The defendant waived time before sentencing. Pursuant to the plea agreement, the Court sentenced the defendant to prison for a term not to exceed 2 years. The Court also entered a No Contact Order prohibiting the defendant from contacting the victim.

Paul Heart pled guilty to Fraudulent Practice in the Third Degree in Polk County Criminal case number FECR238902. After paying half of the restitution prior to his guilty plea, the Court accepted his plea, deferred judgment and place him on probation for one year.

Jade Leonard appeared for sentencing after previously pleading guilty to two counts of Possession of a Controlled Substance (Second Offense) in Polk County Criminal case number FECR240457. The Court imposed a prison sentence of not more than two years.

David Rico appeared for arraignment on Polk County Criminal Case number FECR245023. He entered a “not guilty” plea and a trial and pretrial conference hearing were scheduled.

Hugo Fernandez appeared for arraignment on Polk County Criminal case number FECR245259. He entered a “not guilty” plea and a trial and pretrial conference hearing were scheduled.

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