CLINTON — A Clinton man will be incarcerated for an indeterminate term not to exceed 10 years for a felony drug charge, according to a plea agreement filed between the parties.
Tomas L. Guevara, 19, 614 Sixth Ave. South, appeared Wednesday in Clinton County District Court and pleaded guilty to possession of a controlled substance with intent to deliver, namely methamphetamine, a class C felony. The plea agreement states the parties agree the sentence should be incarceration with the Department of Corrections for an indeterminate term not to exceed 10 years and the minimum fine, surcharges, costs and attorney fees. Guevara will be responsible for restitution resulting from all counts alleged in the trial information. The state at sentencing will dismiss one count of failure to affix Iowa drug tax stamp with costs assessed to Guevara. The plea agreement stipulates the court is bound to sentence Guevara to the Department of Corrections without suspension of any part of the sentence based on the charging concessions.
Sentencing is set for 9 a.m. Oct. 18.
According to the affidavit, on June 25, an officer was dispatched to North End Dairy Treat, 278 31st Ave. North, in reference to a wanted person. Dispatch advised they received a call from an off duty officer advising Guevara was at North End Dairy Treat and had a warrant out of Whiteside County. Dispatch confirmed the warrant and advised the warrant was extraditable.
The affidavit states upon arrival an officer made contact with Guevara. Guevara, after initially advising his name was Alex, provided the officer with his full name and date of birth, which was run through dispatch. Dispatch advised Guevara he had a warrant out of Whiteside County and confirmed extradition. Guevara was placed in handcuffs and advised he was being arrested on his warrant.
A black draw string bag labeled "Dream Vision" was located in his front right short pocket during the search of Guevara. A digital scale and small Ziploc bag were inside the bag, containing a white crystalized substance, believed to be methamphetamine. The officer asked what the crystalized substance was and he stated "Prison Time!"
The crystalized substance was brought to the Clinton Police Department where it was weighed using a digital scale. The weight of the substance was 43.2 grams with packaging.