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Mason City man loses appeal in meth possession case

DES MOINES – A Mason City man who refused to stop his bicycle for a police officer when ordered to and was then tackled and caught with meth and marijuana has lost his appeal.

McKinley Dudley Jr., age 58, contended on appeal the sentences imposed upon his convictions for two felony controlled-substance offenses committed as an habitual offender are illegal. The Iowa Court of Appeals, however, this week found no basis to support his assertion that his sentences were illegal.

According to court documents, at about 1:00 AM on September 18, 2010, a Mason City Police Officer was in a marked patrol car and wearing his uniform. While he and a student intern were investigating another call, they observed the defendant, McKinley Dudley Jr., riding a bicycle without a headlight. The officer parked his vehicle in a parking lot, got out, and asked Dudley to come over to the patrol car as he intended to inform Dudley it was against city ordinance to ride a bicycle without a headlight. Dudley turned his bicycle and started to ride toward the officer. The officer asked Dudley to stop and talk. Dudley approached the officer but continued riding. The officer stated, “police, stop,” and when Dudley continued to ride, the officer yelled “stop.” The officer grabbed Dudley’s arm. Dudley kept riding. The officer Eernisse tackled Dudley off the bike and in doing so suffered an abrasion to his right knee. The officer then placed Dudley in handcuffs and searched him, finding marijuana and methamphetamine.

Following trial, the jury returned verdicts finding Dudley guilty of both felony drug offenses, guilty of an interference-with-official acts charge, and not guilty on a charge of public intoxication. Dudley stipulated to prior drug-related convictions and prior felony convictions. On the drug offenses, the court sentenced Dudley to an indeterminate fifteen-year term for possession of methamphetamine enhanced as a habitual offender.

Dudley remains incarcerated in a state prison in Fort Dodge.

DUDLEY, MCKINLEY
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