MASON CITY – A man who broke into a Mason City residence and assaulted a female occupant who was sentenced to 10 years in prison on an amended 2nd degree burglary conviction and an additional 2 years in prison on the aggravated domestic abuse assault 2nd offense conviction has been released pending an appeal of his conviction.
At sentencing on Monday, July 30th, presiding District Court Judge Colleen D. Weiland sentenced Michael Graham to 10 years in prison on the amended 2nd degree burglary conviction and an additional 2 years in prison on the aggravated domestic abuse assault 2nd offense conviction. Both prison terms are to run concurrently.
According to court records, Graham’s attorney filed an appeal on August 2nd. By August 6th Graham was released back to the streets after Lederman Bonding Company posted two $5,000 surety appeal bonds on Graham’s behalf.
It is unclear at this time what Graham is appealing. Records show Graham entered negotiated voluntary pleas of guilt on April 30th. Graham was sentenced to serve prison time under the provisions set out under Iowa code for the offenses he pled guilty to. Had Graham been convicted of the original class B forcible felony count of 1st degree burglary he would have faced a mandatory 25 years in prison with 70 percent required to be served.
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY.
NIT Said, “Had Graham been convicted of the original class B forcible felony count of 1st degree burglary he would have faced a mandatory 25 years in prison with 70 percent required to be served.”
Not all forcible felonies are 70% Rule crimes. First Degree Burglary is not a 70% Rule crime.
Iowa Code section 902.12:
Minimum sentence for certain felonies — eligibility for parole or work release.
A person serving a sentence for conviction of the following felonies, including a person
serving a sentence for conviction of the following felonies prior to July 1, 2003, 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:
1. Murder in the second degree in violation of section 707.3.
2. Attempted murder in violation of section 707.11.
3. Sexual abuse in the second degree in violation of section 709.3.
4. Kidnapping in the second degree in violation of section 710.3.
5. Robbery in the first or second degree in violation of section 711.2 or 711.3.
6. Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was
also convicted under section 321.261, subsection 4, based on the same facts or event that
resulted in the conviction under section 707.6A, subsection 1 or 2.
https://www.legis.iowa.gov/DOCS/ACO/IC/LINC/Section.902.12.pdf
what a tough guy beating a women this guy is a puke
Why does JUDGE COLLEEN WEILAND keep letting these criminals run free???? I just don’t understand what her motivation is. I am sick and tired of reading how she continues to let these losers run free.
Criminals have to flock to Mason City, as they know they can do whatever they want and get away with it!!! VOTE OUT JUDGE WEILAND!!!!
Dang, maybe I can get lucky and have her as a Judge, I could go get revenge on that retard asshole that took my dear sweet friend, and go home the next day, and start working hard again
Another fine citizen that Colleen let go….NOT.
What the heck? Am I the only person in this town that is sick of these black boys coming here, dealing their drugs, screwing and beating fat white women, committing crimes and getting let go.
Ridiculous!
Haha he can have all them fat ugly white women. More of the hot ones for me
why don,t people rail about the bailbondsman, my guess is this man couldnt come up with the money on his own. are we paying for his attorny fees
According to court records yes he was appointed council for the appeal.
This POS has a street name of Tuffy!! Must of got it by beating up women!! What a coward, stay tuned for the future warrant for failure to appear once the shit bag is scheduled for court. Wow
we may have to call Dog, and then let me on Dog’s team to go get this POS, wonder if he beat the judge too and scared her
Tuffy, more like Pussy. You know he wont show up for court. He actually got a get out of jail free card. Just another example why these gang bangin snitches come here, beat and rape, sell drugs, shoot at people, go home, no worries. Livin in a free house knowing Judge COLLEEN WEILAND has their back. Sickening. Oh, and lets not forget Carlyle Daylen, he wouldnt know how to prosecute someone to save his ass. Unbelievable how many drug dealers and rapists are walking among us because of these two.
He had some beatings to hand out. This was enough of an excuse for the court to let him out.
This kind of crap makes me sick. The police arrest them and the courts turn them loose. What kind of a lesson are they learning here.
Who the hell decided that criminals who pled guilty or who have been convicted of a violent crime should be released on bond during the appeal process? That is just wacked. If it was a different type of crime, maybe I could see it, but not a crime of violence or burglary. Being free on appeal should be reserved for crimes which would likely not be repeated, such as embezzlement from an employer or some such thing where no one is put in physical danger or will have his property stolen.
While he is out I hope they made sure he gets a car, cellphone, food stamps, housing allowance and $5,000 per month for spending allowance. Even though he certainly did the crime, he may not be guilty in the local court system.
In other words please run the f*ck over if you see him on the street.
What the hell is going on with IA courts. You ignorant fools!