MASON CITY – On Tuesday, August 14th, 34-year-old Joshua Kelly Winders received up to 10 years in prison during sentencing on an amended 1st degree theft charge.
Originally Winders had been charged with one Class C felony count of 2nd degree robbery following the December 8th, 2011 afternoon robbery of Merle Norman Cosmetics at 107 First Street SE in Mason City. Winders was arrested a short time later at a nearby apartment on 2nd Street South East.
In July District Court Judge DeDra L. Schroeder approved the 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.
At the scheduled sentencing hearing Tuesday, presiding District Court Judge Rustin T. Davenport sentenced Winders to serve up to 10 years in prison on the amended 1st degree theft charge. Judge Davenport suspended Winder’s fine, and ordered him to pay $526.50 for legal representation, court costs, and law enforcement surcharges.
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. The now amended theft conviction will allow Winders to be paroled at any time by the Iowa Department of Corrections.
Winders claims to be originally from North Miami Beach, Florida on his Facebook page. Winder’s Iowa prior 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.
The Cerro Gordo County Inmate Population Report lists Winders as “waiting transport to prison”.
