Charles City man sentenced to probation, suspended jail term for restaurant break-in

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City man who pleaded guilty to a charge of breaking into the Charles City Dairy Queen has been sentenced to probation and a suspended prison sentence.

Rene Hernandez, age 33, was sentenced in Floyd ​​District Court last week on a charge of third-degree burglary, a Class D felony.

He was sentenced by District Court Judge Peter Newell to up to five years in prison, suspended; a fine of $1,025 plus 15% surcharge, suspended; three to five years probation with the Iowa Department of Correctional Services; obtain a substance abuse evaluation and follow through on any recommendations; and be subject to random drug testing.

Hernandez was also ordered to pay restitution to Dairy Queen.

Hernandez had been charged with two counts of third-degree burglary, both Class D felonies, for allegedly breaking into the Dairy Queen by tearing off a roof vent, on Aug. 23 and again on Aug. 24, according to documents filed in Floyd County District Court.

He was accused of taking about $3,000 cash and check books on the first break-in, and rolls of coins worth about $63 on the second night. He was identified on security cameras by tattoos and the clothing he was wearing, according to court documents.

Hernandez filed a written plea of guilty to the first count of burglary in the third degree, in return for the Floyd County Attorney’s Office agreeing to drop the second burglary charge and to recommend the sentence that Judge Newell followed.