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Judge OK’s reduced charge in Mason City robbery case

On Monday, July 2nd, District Court Judge DeDra L. Schroeder approved a 2nd degree robbery charge against 34-year-old Joshua Kelly Winders to be amended to 1st degree theft as part of a negotiated plea agreement.

Winder has been held in the Cerro Gordo County Jail on $10,000 bond since his arrest on December 8th, 2011 following the afternoon robbery of Merle Norman Cosmetics at 107 First Street South East in Mason City. Winders were arrested a short time later at a nearby apartment on 2nd Street South East.

While both crimes are Class C felonies in Iowa, 2nd degree robbery is classified as a forcible felony under Iowa Code 702.11. A defendant convicted of a forcible felony in accordance with Iowa Code 902.12 “shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence”. In this case Winders would have been required to serve no less than 7 years in prison had he been convicted of the original charge.

At sentencing set for August 14th the now amended theft charge will allow Winders to be paroled at any time by the Iowa Department of Corrections, if he does receive a prison sentence for the robbery against Merle Norman Cosmetics.

Winders claims to be originally from North Miami Beach, Florida on his Facebook page. Winders criminal record includes a felony 3rd offense possession of meth that was amended to 2nd offence, arrest for criminal mischief, assault, interference with official acts, and a history of violating probation.

SUBJECT IS INNOCENT UNTIL PROVEN GUILTY.

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