E-FILED 2020 MAY 11 4:10 PM STORY - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR STORY COUNTY

STATE OF IOWA,
Plaintiff,
vs.

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Case No. FECR059342

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SCOTT DONALD GRIFFEN,
Defendant.

ORDER

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Hearing incidental to the imposition of judgment and sentence was held May 11,
2020, by ICN teleconference. The State of Iowa was represented by Assistant Story
County Attorney Jonathan L. Holscher. The defendant appeared by telephone, as did
his attorney, Jonathon L. Schroeder.
On March 24, 2020, the defendant filed a written plea of guilty to Count I,
Ongoing Criminal Conduct, a Class B felony in violation of Iowa Code Sections
706A.2(4) and 706A.4. The court accepted the written plea on March 25 and set
sentencing for today.
During today’s hearing, the court supplemented the plea record regarding the
defendant’s confrontation right and his right to testify on his own behalf. After
discussing the defendant’s reopened right to a 15 day delay and his opportunity to file a
motion in arrest of judgment, the defendant made a voluntary and knowing decision to
proceed with sentencing today.
The presentence investigation report was received. The Court was informed that
counsel and the defendant have had an opportunity to examine the report, and it was
agreed that this report could be considered by the Court for sentencing purposes. No
evidence was presented. The Court heard the statements and recommendations by
counsel for the State and the defendant. The defendant was given an opportunity to
make a statement. The Court fully complied with Rule of Criminal Procedure 2.23(3)(a),
and defendant stated that he had no reason why judgment should not be pronounced
against him.
IT IS, THEREFORE, THE JUDGMENT AND SENTENCE OF THE COURT AS
FOLLOWS:
1. For the offense of Ongoing Criminal Conduct (Count I), in violation of Iowa Code
Sections 706A.2(4) and 706A.4 in violation of Iowa Code Section 321.279(2), a
Class B felony, the defendant is committed to the custody of the director of the
Department of Corrections for a period not more than twenty-five (25) years.

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 E-FILED 2020 MAY 11 4:10 PM STORY - CLERK OF DISTRICT COURT

2. The director of the Iowa Department of Corrections shall determine the
appropriate place of confinement for the defendant, and to this end, the Iowa
Medical and Classification Center at Oakdale, Iowa, has been designated by the
director as the reception center to which the defendant shall be delivered by the
Marshall County Sheriff.
3. The sentence is suspended, and the defendant is placed on probation under the
supervision of the Second Judicial District Department of Correctional Services
for a period of three years under such reasonable terms and conditions as the
probation officer may prescribe.
4. A suspended sentence is appropriate for the following reasons:
a. It is the joint recommendation of the parties that the defendant receive a
suspended sentence with probation.
b. It is the recommendation of the presentence investigator that the
defendant receive a suspended sentence.
c. The nonviolent nature of the crime, the defendant’s age, prior record, and
likelihood of rehabilitation and enhancement of his ability to pay restitution
all favor a suspended sentence.
5. The defendant shall pay all court costs.
6. The defendant is ordered to pay a probation enrollment fee.
7. The defendant shall pay restitution to the Iowa Department of Revenue in the
agreed upon amount of $162,628.55. The court finds and concludes that this is
Category I restitution and not subject to an ability to pay analysis.
8. Pursuant to Iowa Code Sections 81.2(1) and 81.4(2), the defendant shall provide
a bodily fluid sample for DNA profiling.
9. Upon motion by the State, Counts II, III, and IV are dismissed with costs taxed to
the defendant, pursuant to the agreement of the parties.
10. Defendant having appeared for sentencing, any appearance bond is released.
11. The defendant has the right to appeal this sentence to the Supreme Court of
Iowa, subject to the need for a finding of good cause because he entered a plea
of guilty. Bail pending appeal is fixed at $5,000 cash or surety.

Clerk to furnish copies to:
Story County Attorney
Holly M. Logan
Second Judicial District Department of Correctional Services
District Court Administrator

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 E-FILED 2020 MAY 11 4:10 PM STORY - CLERK OF DISTRICT COURT

State of Iowa Courts
Type:

OTHER ORDER

Case Number
FECR059342

Case Title
ST VS SCOTT DONALD GRIFFEN
So Ordered

Electronically signed on 2020-05-11 16:10:57

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