MASON CITY – A Mason City man – and convicted felon – who earlier pled guilty to felony criminal mischief, lost his appeal.
Alberto Ramon, age 45 Mason City, pled guilty on June 4, 2014 to Criminal Mischief in the second degree, a class D felony. According to court documents, the charge was based on damage he caused to a home owned by James Johnson. Ramon had been renting the home from his girlfriend, Johnson’s neighbor, while Johnson was out of state. When Johnson returned to the residence, he found the front door screwed shut, the back door welded shut, graffiti on the walls, and other damage. Johnson spent $1,695 to repair the home.
In sentencing, Ramon was placed on three years probation and given a five year suspended prison sentence. He was assessed $2,321.00 in court costs and fines.
However, Ramon appealed the sentence. He posted a $5,000 security bond through Seneca Insurance Company and was released from jail.
In his appeal, Alberto Ramon contended his counsel was ineffective in failing to object to what he alleges was an inadequate waiver of a jury trial. However, the Iowa Cort of Appeals ruled that the evidence establishes that Ramon’s waiver was knowing and voluntary. Because counsel did not breach a duty by failing to object, Ramon’s ineffective-assistance-of-counsel claim failed, and his judgement was upheld.
GUILTY
A looser all the way.