CLINTON — Prosecutors will recommend a Camanche woman be sentenced to up to five years in prison on a felony drug charge.
Kelly S. Determan, 39, appeared Thursday in Clinton County District Court and pleaded guilty to possession of a controlled substance, namely methamphetamine, a Class D felony. The plea is an open plea and the court is not bound by the State's recommendations.
The State will recommend the five-year prison term and the minimum fine, surcharges, costs and attorney fees. The State will recommend concurrent sentences with a probation revocation in a separate case. Determan may withdraw from the plea agreement if the court imposes incarceration and seeks to impose consecutive sentences.
Determan will be responsible for restitution resulting from all counts alleged in the trial information. The plea agreement says the State will dismiss one count of possession of a controlled substance, namely amphetamine and dextramphetamine, third offense, at sentencing, with costs assessed to Determan.
Sentencing is set for 9:15 a.m. Oct. 4. A revocation hearing for a separate case is set for 11 a.m. Oct. 4. Assistant Clinton County Attorney James McHugh on June 15 filed a probation revocation request.
District Court Judge Stuart Werling on Dec. 21 ordered a sentence of incarceration not to exceed five years for possession of a controlled substance, clonazepam, third or subsequent offense, be suspended. Werling placed Determan on supervised probation for a period of two years. Conditions of probation included Determan being ordered to obtain a substance abuse evaluation at her own costs and follow through with any recommended treatment and completing the Residential Corrections Facility programming in Davenport.
Determan appeared March 8 in Clinton County District Court for a probation revocation hearing. District Court Judge Nancy Tabor ordered Determan be transported to the ASAC Treatment Facility to successfully complete the program. Determan was ordered upon release from ASAC to be transported to the High Tower Treatment Program to successfully complete their program.
"If the defendant is unsuccessful in either treatment program the defendant shall be transported back to the Clinton County Jail to complete her contempt jail sentence," the order states.
According to the affidavit, at 11:53 p.m. June 23, officers, while driving through the Country Inn and Suites parking lot, observed a vehicle with Missouri plates parked on the east side of the building. A female exited the passenger side. The officer recognized the female as Determan, who was wanted on a warrant for violation of probation. Determan attempted to walk past the officer. The officer told her to stop, grabbed her arm and advised her she had a warrant for her arrest. Determan attempted to pull away from the officer and was assisted to the ground, where she was secured in handcuffs without incident. Determan was placed in the rear of the squad car.
The affidavit states another female was holding a cell phone and had a purse on her lap. The officer asked the female about the purse and cell phone to the right of her near the front passenger seat. The female indicated the purse and phone belonged to Determan. The officer searched the contents of the purse prior to Determan being transported to the Clinton County Jail. The officer located a syringe and Determan's Iowa identification card in the outer pocket and a red digital scale with residue located in a pouch inside the main compartment.
The officer located a pouch within the main pocket of the purse labeled overdose rescue kit. The officer located two plastic bags inside the pouch containing a white crystal substance, consistent with methamphetamine, and a single pill. The pill was later identified as amphetamine and dextroamphetamine, a schedule II controlled substance. The two plastic bags containing the methamphetamine weighed 3.9 grams with packaging.