CLINTON— The state of Iowa will recommend a Clinton man who pleaded guilty to two felony charges be ordered to complete the Residential Corrections Facility program if he is approved for the RCF.
Colley D. Opheim, 32, 243 19th Place, appeared Thursday in Clinton County District Court and pleaded guilty to possession of a controlled substance, namely methamphetamine, third offense, a class D felony, and forgery, a class D felony. The plea is an open plea and the court is not bound by the state's recommendations. The plea agreement states contingent on Opheim being approved for RCF the state will recommend consecutive suspended sentences.
The state will recommend Opheim be placed on probation with a condition Opheim attend and complete RCF. The state, if Opheim does not qualify for RCF, will recommend concurrent sentences of incarceration. Opheim will be responsible for restitution resulting from all counts alleged in the trial information. The plea agreement says the state at sentencing will dismiss charges of identity theft under $1,000, possession of a controlled substance, namely marijuana, third offense, and possession of a controlled substance, namely methamphetamine, third offense, with costs assessed to Opheim.
Sentencing is set for 9 a.m. Oct. 11.
According to the affidavit, at 11:27 a.m. June 26, an officer was dispatched to Paul's Discount Store, 1940 Lincolnway, for a report of a shoplifter. An officer upon arrival made contact with the store manager and Opheim. The store manager indicated Opheim attempted to walk out of the store with a pair of bolt cutters and men's work gloves, at which time the store's alarm sounded at the exit door. The store manager indicated he took Opheim to the manager's office and took the property from him, which had a value of $24.78. Opheim stated he did not have money for the items.
The affidavit states during a search incident to arrest Opheim indicated he had three capped syringes in his right front pocket. Opheim said he used the needles for methampetamine. He said he may have some methamphetamine in one of the needles. An officer while removing the needles from Opheim's pockets observed a clear liquid substance in one of the needles. An officer while searching Opheim's right front pocket removed a small bag of a green leafy substance he indicated was marijuana. The marijuana weighed 0.6 grams with packaging.
According to a separate affidavit, at 9:15 a.m. June 26, an officer responded to Clinton Check Cashers, 1401 N. Second St., Suite D, for a report of a check written on a closed account. The officer met with an employee, who said at 8:30 a.m., a white male with a beard entered the business and tried to cash a check written to Opheim for $200. The employee said she called Clinton National Bank and found the account was closed in 2011. The individuals on the account the check was written from were deceased, according to the bank employee.
The affidavit states at 3:11 p.m. an officer went to the Clinton County Jail to interview Opheim. Opheim at first said he did not know the person who wrote the check. He claimed a couple wrote the check to him for doing yard work. Opheim could not give an exact address or street where the work was done. Opheim eventually admitted a male forged the name on the check.