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Mason City domestic abuser to get hearing on restitution he was ordered to pay connected to assault case

MASON CITY – A Mason City spending up to 5 years in a state prison in Fort Dodge after his latest domestic assault conviction might get out of paying some restitution.

Mason City police officers were dispatched for an incomplete 911 Sunday morning, November 6, 2016. Officers arrived to 194 South Grover Avenue #6 and upon further investigation, it was determined to be a physical domestic assault. A male subject at the scene, 29-year-old Michael Wayne Holton, was arrested and transported to the county jail on a charge of felony domestic abuse assault. Allegedly, he threatened a woman and then assaulted her. As a result of this crime, Holton was sentenced to a prison term of up to 5 years after pleading guilty to felony third-offense domestic abuse assault. He remains incarcerated at this time in a Fort Dodge prison.

In an appeal the Iowa Court of Appeals ruled on in July, Holton asserted the district court erred in imposing restitution and his counsel rendered ineffective assistance.
In the plea deal, the State filed a statement of pecuniary damages, informing the court that the Crime Victim Compensation Program (CVCP) was entitled to restitution for payments the CVCP made in the amount of $1,400. That amount was awarded, but the appeals court ruled that Holton should get a hearing for him to attempt to avoid those costs. The appeals court affirmed the judgment and sentence, however.

Holton pled guilty to second offense domestic assault in 2014. He had been charged with felony third offense domestic assault after an incident on the afternoon of July 29, 2014, when Mason City police responded to a domestic situation at 150 South Grover Avenue. Holton was arrested and charged that day. Holton was later accused 31 times of violating the no-contact order that was imposed in that domestic abuse case. As part of the plea deal, for the first no-contact order violation, Holton was sentenced to 60 days in jail.

Holton then appealed his sentence.

In upholding the guilty plea and sentence in that earlier case, the Iowa appeals court found that the district court recited on the record its reasons for extending the no-contact order and declining to modify it at the time of sentencing. Neither Holton nor his counsel represented the victim or should be allowed to represent her interests in these proceedings. The court did not abuse its discretion when explaining to Holton the reasons for declining to modify the no-contact order. He was incarcerated in a Fort Dodge prison to serve jail time in this case.

Holton still owes over $6,000 to the Iowa courts in connection to his 2014 conviction. He is also a convicted felon for taking marijuana to the county jail back in 2008.

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