IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

Transcription

1 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CHRISTOPHER WALT CARNINE, Defendant. Nos. FECR012518, FECR JUDGMENT AND SENTENCE This matter came before the Court on July 14, 2014, for sentencing. The State of Iowa was represented by Sac County Attorney Ben Smith. The defendant appeared personally and was represented by Attorney Robert Peterson. On the 17th day of June, 2014, Defendant pleaded guilty to the crimes listed below. A presentence investigation report is on file and has been distributed to counsel of record. Based on the record made, and pursuant to Iowa Code 901.6, IT IS NOW ORDERED AND ADJUDGED as follows: 1. JUDGMENT: Defendant is guilty and is convicted of the following crimes: Count Offense Date Iowa Code Section Offense 1 - FECR (1)(b)(3)(a) 3 RD DEGREE SEXUAL ABUSE CLASS C FELONY 2 - FECR (2) 2 ND DEGREE SEXUAL ABUSE CLASS B FELONY 3 - FECR (2) 2 ND DEGREE SEXUAL ABUSE CLASS B FELONY 5 - FECR (1)(a), (1)(c), (1)(d) 3 RD DEGREE SEXUAL ABUSE CLASS C FELONY 2. INCARCERATION AND FINE: Pursuant to Iowa Code sections shown in paragraph 1 above and the Iowa Code sections shown below, the defendant is sentenced to an indeterminate term of incarceration not to exceed that shown below plus fine and surcharge as follows: Count Incarceration Fine Surcharge 1 - FECR YEARS $1,000 35% 2 - FECR YEARS $5,000 35% 3 - FECR YEARS $5,000 35% 5 - FECR YEARS $1,000 35% 1

2 Pursuant to Iowa Code 901.7, the defendant is committed to the custody of the Director, Iowa Department of Corrections. The Sheriff of this county is ordered to transport the defendant (accompanied by a person of the same sex) to the Iowa Medical and Classification Center at Oakdale, Iowa. 2A. ENHANCED SENTENCE: Pursuant to Iowa Code 901A.2(1), (2) or (3), Defendant shall not have the above sentence of incarceration reduced under chapter 903A or otherwise by more than fifteen (15) percent; AND pursuant to Iowa Code 901A.2(8), Defendant is hereby sentenced to an additional term of parole or work release, to be determined by the board of parole, not to exceed two (2) years. 2B. SPECIAL SENTENCE: In addition to the sentences imposed above, the following sentence is hereby ordered, which sentence shall commence at the end of the sentence imposed for the underlying offense, and defendant shall be under supervision as if on parole, as provided for in Iowa Code Section 903B.1 for the rest of defendant s life. 3. CONSECUTIVE/CONCURRENT: Pursuant to Iowa Code 901.5(9)(c) and 901.8, Counts 2 and 3 in FECR shall run consecutive to each other, and Count 1 in in FECR and Count 5 in FECR shall run concurrent to each other and concurrent to Counts 2 and 3 in FECR MANDATORY MINIMUM: Pursuant to Iowa Code section , a mandatory minimum sentence of incarceration is imposed in Counts 2 and 3 in FECR Defendant must serve at least seven-tenths of the maximum term of the sentences imposed in both Counts 2, which, as noted above, are to run consecutive to each other (i.e., mandatory minimum sentence of 70% of 50 years) 5. CREDIT FOR TIME SERVED: Pursuant to Iowa Code 903A.5 and 901.6, the defendant shall be given credit for all time served in connection with this case. 6. SENTENCE OF INCARCERATION: The above term of incarceration is not suspended. 7. SENTENCE OF FINE AND SURCHARGE: The above fines and surcharges are suspended. 8. The Law Enforcement Initiative Surcharge (LEIS) is NOT applicable. 9. The Drug Abuse Resistance Education (DARE) Surcharge is NOT applicable. 10. VICTIMS: PECUNIARY DAMAGES: Defendant believed no one suffered pecuniary damages. NO CONTACT ORDER: Pursuant to Iowa Code 664A.2 and 664A.5, a No Contact order is applicable. Defendant shall have no contact with JANE 2

3 DOES 1, 2, 3, and 4 as named and specifically identified in the Minutes of Testimony in the above-entitled cases, as well as the three additional (non-victim) minor children and one adult identified in the secured attachment filed contemporaneously with this Judgment Entry and Sentence, for five (5) years, from the date of this judgment. The Court will issue a separate order to further implement this paragraph, if requested. 11. RESTITUTION: Pursuant to Iowa Code 910.3, the defendant shall pay and judgment is imposed against the defendant as follows: FINES, PENALTIES AND SURCHARGES to the Clerk of Court as set forth above. COURT COSTS in an amount that will be later certified by the Clerk of Court. The court finds upon inquiry, review of the case file any other information provided by the parties, the defendant DOES NOT have reasonable ability to pay restitution of fees, including expense of a public defender 12. NOTICE REGARDING FINANCIAL OBLIGATIONS: All fines and costs, unless otherwise ordered, shall be paid on the day imposed. Payment of any fines, surcharges, court costs, restitution, or court appointed attorney s fees may be paid on-line by going to or at the Clerk of Court s office or at some County Attorney s office. If a payment is more than 30 days past due, the Clerk of Court will turn the matter over to the Central Collection Unit (CCU)( ) to begin collection efforts and a 10% penalty will be added to any unpaid balance. After one (1) year, if any portion of the financial obligation is unpaid, it may be sent to a private third-party collection agency with an additional 25% added to the unpaid delinquent amount. The State of Iowa may intercept any state income tax refund due to the defendant, any vendor amounts due the defendant by the State of Iowa, or monetary amounts held by the clerk of court and payable to the defendant. Unless Defendant fully complies with all the requirements ordered in this judgment, including payment of the restitution, fine, surcharges, and court costs within the required time, the Defendant may be ordered to appear in person before this Court and show cause why the Defendant should not be held in contempt of court. If the Defendant is held in contempt of court, a jail term may be imposed. 13. DRIVER S LICENSE REVOCATION: is not applicable. 14. REDUCTION OF TERM: Pursuant to Iowa Code 901.5(9)(a), (b), the court publicly announced that defendant s term of incarceration may be reduced from the maximum sentence because of statutory earned time, work credits and program credits; and defendant may be eligible for parole before the sentence is discharged. 15. SEX OFFENDER REGISTRY: Within five (5) days from this date the defendant shall register with the County Sheriff pursuant to Chapter 692A.104 within five (5) days of release from custody or placement on probation, parole or work release, and shall complete all necessary sex offender registry forms as directed and shall pay the $25 sex offender registration fee pursuant to 692A.110(1). Pursuant to Iowa Code 692A.104(2)- 3

4 (7), the defendant is informed of his duty to notify the County Sheriff of any changes of address in this or any other state within five days of said change. Failure to comply with the Sex Offender Registry requirements will result in additional criminal charges being filed against you. Penalties and/or the period of registration are longer for each offense of failure to register. 16. CIVIL PENALTY: Pursuant to Iowa Code 692A.110 (2), the defendant shall pay a civil penalty in the amount of $ DNA PROFILING: Pursuant to Iowa Code 81.2 and 901.5(8A)(a), the Defendant shall submit a physical specimen for DNA profiling. 18. APPEAL BOND: Defendant was informed of the right to appeal. Pursuant to Iowa Code 811.1(2), Defendant is not eligible for bond on appeal. 19. BONDS EXONERATED: All outstanding bonds are exonerated. 20. Pursuant to Iowa Code 907.3, 907.5, and 901.5, the reasons supporting this sentence include those set forth on the record and: Protection of the community from further offenses by the defendant and others; Defendant's age; Defendant's prior record (or lack thereof) as to convictions and deferments; Defendant's employment circumstances; Defendant's family circumstances; NATURE OF THE OFFENSES COMMITTED; Contents of the presentence investigation; Plea Agreement. Comments from the victim(s) of the crime. 21. The court explained on the record why consecutive sentences were imposed. 22. DISMISSAL OF OTHER COUNTS: Accordingly, Counts 1, 2, 3, and 4 in FECR are dismissed with prejudice. 4

5 State of Iowa Courts Type: Case Number FECR FECR ORDER FOR JUDGMENT Case Title STATE OF IOWA VS. CHRISTOPHER WALT CARNINE STATE OF IOWA VS. CHRISTOPHER WALT CARNINE So Ordered Electronically signed on :11:22 page 5 of 5