CLINTON — District Court Judge Stuart Werling found a Clinton man guilty of two felony drug charges in Clinton County District Court Monday.
In an order filed Monday, Werling found Steven E. Struve, 38, 808 S. Eighth St., guilty of possession of a controlled substance with the intent to deliver, namely methamphetamine, a Class C felony, and one count of failure to affix Iowa drug tax stamp, a Class D felony. Sentencing is scheduled for 10 a.m. Aug. 29.
At the outset of trial, Struve withdrew his guilty plea and plea agreement filed without objection from the state. The court granted the withdrawal of the plea and plea agreement.
The plea agreement filed Aug. 7 said that Struve would plead guilty to one count of possession of a controlled substance with intent to deliver, namely methamphetamine, and to violation of probation in a separate case. The State would dismiss one count of failure to affix drug tax stamp at sentencing with costs assessed to Struve.
Werling's order said that a reading of the minutes, additional minutes and attachments disclosed allegations which were taken as facts. The allegations included that on Oct. 2, Struve was stopped for texting while driving in Clinton by Clinton police officers.
During the stop, officers noticed a clear, glass pipe connected to a bong in plain view, court documents say. Police determined that the contents of the bong and a clear, crystal substance found in a large baggie were methamphetamine amounting to 25.5 grams.
No drug tax stamps were affixed to the baggie which laboratory tests confirmed as methamphetamine.
Chief District Judge Marlita Greve ordered in June that a motion to suppress evidence be denied in its entirety.