Mason City man sentenced to probation for Floyd County vehicle theft and eluding police

By Bob Steenson, bsteenson@charlescitypress.com

A Mason City man who pleaded guilty to two felony charges but then asked to withdraw his plea, has been given a suspended jail sentence and probation.

Jordan Nicholas Pohlman, age 29, was charged with second-degree theft, a Class D felony, and attempting to elude a law enforcement vehicle while participating in a felony, also a Class D felony.

He was charged as a habitual offender, having previously been convicted in Cerro Gordo County of burglary and controlled substance charges. Being charged as a habitual offender increases the maximum possible prison sentence for the D felonies from 10 years to 15 years.

Pohlman entered a written plea of guilty to the two charges and that plea was accepted on Nov. 24 by District Court Judge Peter Newell, who set sentencing for Jan. 26.

The day before sentencing, on Jan. 25, Pohlman filed a motion to withdraw the guilty plea, with his attorney, Matthew Pittenger of Mason City, writing, “Defendant has now informed counsel that he was pressured into sign(ing) the document. Based upon defendant being pressured and not having enough time to consider his options, he moves the court to withdraw his written plea of guilty. Defendant claims that he was mislead about the habitual offender status.”

Floyd County Attorney Rachel Ginbey resisted the plea withdrawal in a filing that cited Iowa case law.

“When the law requires a plea of guilty to be entered freely and voluntarily it does not mean that an accused acts in the matter of his own free will. No doubt no accused wants to be charged with crime, nor would he like to enter a plea of guilty in any case. The law contemplates that he have an uncoerced election to plead not guilty or guilty, after he has had the benefit and advice of competent counsel,” Ginbey wrote, quoting Iowa court rulings.

“Assuming appellant was reluctant or ‘unwilling’ to change his plea, such state of mind is not synonymous with an involuntary act. Lawyers and other professional[s] often persuade clients to act upon advice which is unwillingly or reluctantly accepted,” Ginbey quoted.

“No showing has been made by the Defendant that his guilty plea was not knowing and voluntary at the time it was made,” Ginbey concluded.

At a hearing Tuesday, Judge Newell denied the motion to withdraw the guilty plea and went ahead with the scheduled sentencing.

Newell sentenced Pohlman to a term in prison of up to 15 years on both counts, then suspended the prison sentences, placing Pohlman on three years probation on each count with the terms to run concurrently.

He also fined Pohlman $1,025 plus a 15% statutory surcharge on each count, with those fines also suspended.

Newell ordered Pohlman to obtain a mental health evaluation and a substance abuse evaluation and comply with any treatment recommended, and ordered Pohlman’s driver’s license suspended according to Iowa Department of Transportation policies.

Three traffic violation charges were dismissed.

Pohlman was accused of stealing a 2005 GMC Sierra pickup early on Nov. 12, 2020. With hunting equipment in the pickup it brought the total value of the theft to $7,600, according to court documents.

After a Nora Springs officer attempted to stop him, Pohlman led authorities on a chase that ended when Pohlman crashed into an electrical pole, the criminal complaint said.