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Weekly Case Summary
11/07/2011

Darolyn Link was granted a suspended sentence in FE245293 on the charge of Possession of a Controlled Substance with Intent to Deliver and Possession of Marijuana. Ms. Link’s record indicates a felony conviction for drug offenses in the past, but the Court considered that they are over 12 years old in making his decision. She will be on probation for two (2) years.

Scott Henderson, John Doerter, Edgar Looney, and Preston Owen appeared for arraignment on their respective criminal charges. They all pled not guilty and the Court scheduled pretrial conference hearings and trial dates.

Joshua Carrington appeared for sentencing after pleading guilty to Theft in the Second Degree in Polk County criminal case number FECR247542. The Court sentenced the defendant to five years in prison, suspended the sentence and placed the defendant on probation for two years.

Daniel Goff appeared for sentencing after pleading guilty to Burglary in the Third Degree in Polk County criminal case number FECR248251. The Court sentenced the defendant to five years in prison.

Russell Lindley pled guilty to an enhanced charge of Domestic Abuse in Polk County criminal case number FECR250012. The Court sentenced the defendant to two years in prison.

Amanda Shaut appeared for sentencing after pleading guilty to Theft in the Second Degree in Polk County criminal case number FECR244735. The Court deferred judgment and placed the defendant on probation for two years.

Lisa Nguyen pled guilty to Theft in the Second Degree in Polk County criminal case FECR248628. The court scheduled sentencing for December 20, 2011.

Joseph Donato appeared for a probation violation scheduling hearing on Polk County criminal case FECR241584. The Court scheduled a contested hearing for November 21, 2011.

Megan Brooks stipulated that she violated terms and conditions of probation in Polk County criminal case number FECR241033. The Court ordered to complete in-patient substance abuse treatment followed by a halfway house as additional terms of probation.

On July 6, 2011, Defendant Myles Gobel, 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 November 7, 2011, Defendant Myles Gobel 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 Count I of the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). The judgment 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. Myles Gobel was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

11/08/2011

On November 8th, 2011, Bounthong Pongphimkham, FECR247877, pled guilty to the offense of Possession of a Controlled Substance with Intent to Deliver-cocaine salt hydrochloride, as alleged in Count I of the Trial Information, in violation of Iowa Code Sections 124.401(1)( c )(2)(b) and 124.401(1)( c )(2)(d), a Class C Felony and Failure to Possess a Tax Stamp, as alleged in Count II of the Trial Information, in violation of Iowa Code Sections 453B.3 and 453B.12, a Class D Felony. The Defendant waived time and notice and requested immediate sentencing. Both parties recommended a fifteen (15) year suspended sentence and probation. The defendant had a prior deferred judgment on his record for operating a motor vehicle while intoxicated and possession. This case was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 8, 2011, Delores Torres was sentenced to prison in Polk County Criminal Number FECR241924 for a period not to exceed 25 years for the crime of Conspiracy to Deliver a Controlled Substance (Methamphetamine). The defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Jason Peterson pled guilty to Theft 5th Degree in FE248376. Originally arrested for robbery and later charged by trial information with Assault with a Dangerous Weapon and Theft 5th, the witness testified in deposition that he did not believe the Defendant was trying to hit him, but was simply trying to flee the scene. The higher charges were dismissed and the Defendant was sentenced to 2 days in jail.

Juan Rincon was granted a reconsideration of his prison sentence in FE219643. He had originally been granted probation for 3 class C felonies as part of a plea agreement. He violated the probation when he was arrested for an assault. The Court found the allegations were proved by a preponderance of the evidence and revoked his probation. He was sentenced to serve thirty years in prison on October 21, 2010. The Defendant timely filed a Motion to Reconsider his sentence and the Court took the matter under advisement. The Court granted the Motion after review of the files and hearing arguments from counsel. The Defendant was released on two years probation on November 8, 2011.

11/09/2011

On November 9, 2011, Clifford T. Baker appeared in Polk County District Court in criminal numbers FE 246716 and SR 246717. Baker pleaded guilty in FE 246716 of the crime of Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine) and was sentenced to a term of imprisonment not to exceed 25 years. He must serve a mandatory minimum one-third of the sentence before he is eligible for parole. The mandatory minimum was reduced by one-third based on his acceptance of responsibility. A misdemeanor charge of Possession of a Controlled Substance in SR 246717 was dismissed. Baker was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On August 15, 2011, Defendant Mackenzie Fleener, entered a plea of guilty to the charge of: Manufacturing a Controlled Substance, to wit: marijuana, as alleged in the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). On November 9, 2011, Defendant Mackenzie Fleener 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 Count I of the Trial Information, a Class D Felony, in violation of Iowa Code Section(s) 124.401(1)(d). The judgment 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. Mackenzie Fleener was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 9, 2011, Cynthia Schreck plead guilty to the crime of Possession of a Controlled Substance With Intent to Deliver, a Class C felony, in case number FE249095. She was sentenced to a maximum indeterminate term of ten (10) years in prison and must serve a mandatory one-third minimum of this term prior to becoming eligible for parole. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

Ryan Gist was granted a suspended sentence in three cases as part of a plea agreement. Gist pled guilty to two counts of Theft 2nd,. Burglary 3rd, Possession of Burglary tools, Possession of a Controlled Substance and Failure to Appear. Gist received a substance abuse evaluation which recommended residential treatment. The State agreed to probation so long as the Defendant agreed to consecutive sentences. He will be on probation for two years and if he fails probation, he would be sentenced to prison for 23 years.

11/10/2011

On November 10, 2011, Brian McDonald was sentenced for the crime of Delivery of a Controlled Substance, a Class B felony, as a second or subsequent offender, in case number FE241433. He was sentenced to a maximum indeterminate term of forty (40) years in prison and must serve a mandatory one-third minimum of this term prior to becoming eligible for parole, although this mandatory minimum term was reduced by one-third for his acceptance of responsibility. This defendant was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 10, 2011, Cisco Burton was sentenced to an indeterminate term of incarceration not to exceed 15 years in Polk County Criminal Number FECR246662 for the crime of Possession of a Controlled Substance with Intent to Deliver (Marijuana) as a Second or Subsequent Offender. Over the State’s objection and notwithstanding the fact that the defendant has four prior felony drug-related convictions, the Court granted Cisco Burton a suspended sentence 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.

On November 10, 2011, Somneuk Thammathay appeared in Polk County District Court in criminal number FE 248252. Thammathay was sentenced for the crime of Possession of a Controlled Substance With Intent to Deliver (in excess of five grams of methamphetamine) while in the immediate possession or control of a firearm. Thammathay was imprisoned for a period not to exceed 50 years and must serve a mandatory minimum one-third of the sentence prior to being eligible for parole. The mandatory minimum was reduced by one-third based on his guilty plea and acceptance of responsibility. Thammathay was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

On November 10, 2011, Shauntell D. Brown appeared in Polk County District Court in criminal numbers FE 210122 and AG 246154. Brown was found to be in violation of her felony drug probation in FE 210122 and she pleaded guilty and was sentenced in AG 246154 for the crime of Aggravated Theft. Brown was granted a two year suspended sentence on the new charge and placed on probation consecutive to the probation violation sentence. Brown must remain in custody until she completes substance abuse treatment. Brown was prosecuted by the Polk County Attorney’s Office Drug and Gang Bureau.

11/11/2011

 

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