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Mason City man wants to withdraw guilty plea on Floyd County charges

By Bob Steenson, bsteenson@charlescitypress.com

A Mason City man who pleaded guilty to stealing a pickup truck in Floyd County and leading officers on a chase and who had been scheduled to be sentenced on Tuesday has filed a motion to withdraw his plea, saying he was pressured into agreeing to the deal.

Mason City man wants to withdraw guilty plea on Floyd County charges
Jordan Pohlman

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

The Floyd County Attorney’s Office later amended the charges to include having committed the crimes as a habitual offender, with Pohlman having previously been convicted in Cerro Gordo County of third-degree burglary, a controlled substance violation and third or subsequent offense possession of a controlled substance.

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 and ordered Pohlman released under the supervision of the Iowa Department of Corrections.

On Monday, Pohlman’s attorney, Matthew Pittenger of Mason City, filed a motion to withdraw the guilty plea.

“Defendant has now informed counsel that he was pressured into sign(ing) the document,” Pittenger wrote in his motion. “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.”

The penalty in Iowa for conviction of a Class D felony as a habitual offender is up to 15 years in prison, with a mandatory three years served before beng eligible for parole, but as part of the plea agreement, the Floyd County Attorney’s Office was going to recommend that the prison time be fully suspended and that Pohlman serve three to five years probation.

Judge Newell set a hearing for Feb. 23 to consider the motion to withdraw the plea.

On Monday, after the motion to withdraw the guilty plea had been filed, the Floyd County Attorney’s Office filed an application to have Pohlman taken into custody.

“The defendant was released by agreement of the parties following acceptance of the defendant’s plea of guilty to the charge as part of the plea agreement,” Floyd County Attorney Rachel Ginbey wrote in her motion. “The defendant has now filed a motion to withdraw his plea of guilty, violating the agreement. …”

Pohlman was accused of stealing a 2005 GMC Sierra pickup early on Nov. 12. 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 alleged.

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