Iowa Court of Appeals upholds sentences of Mason City men in separate cases

DES MOINES — A Mason City man sentenced to prison time for possession of a controlled substance has lost an appeal of his sentence in the Iowa Court of Appeals.

Kenneth Nelson had pleaded guilty to two charges of possession of marijuana third or subsequent offense after being arrested two separate times late in 2023. While he was awaiting sentencing on the charges, Nelson was released from custody, but he failed to sign up for pretrial release, so a warrant was issued for his arrest. He was arrested six months later and a new date was set for his sentencing.

At a consolidated sentencing hearing, prosecutors recommended prison time, citing Nelson’s criminal history, while defense counsel requested suspended sentences and probation based on the recommendation from the presentence investigation report. Judge Karen Kaufman Salic sentenced Nelson to concurrent terms of imprisonment and imposed the minimum fines on each conviction. Nelson appealed, claiming Kaufman Salic abused her discretion by imposing prison sentences.

The Court of Appeals in its ruling issued on Wednesday disagreed with Nelson’s arguments and affirmed the sentence, saying the judge issued the sentence because previous attempts at substance-use treatment were not helpful to Nelson and that he violated the conditions of his pretrial release, making him a tremendous risk for probation supervision. 

== A Mason City man who pleaded guilty to assault causing bodily injury and was sentenced to jail time has lost an appeal of his case.

Victor Swai made the guilty plea after following two individuals in his car to a Mason City park in July of last year. Once the individuals stopped, Swai exited his car, yelled a threat, with a fight ensuing with Swai punching a young man in the face, sending him to the hospital for treatment. After pleading guilty, Swai requested a deferred judgment, while prosecutors asked for a sentence of one year in jail with all but seven days suspended along with one year probation.

District Judge Karen Kaufman Salic sentenced Swai to the one-year jail term with all but seven days suspended, allowing Swai to serve his term on weekends, and imposed a two-year term of probation. Swai appealed, saying the district court considered improper sentencing factors and did not explain its reasons for the sentence imposed.

The Iowa Court of Appeals in a ruling issued on Wednesday affirmed Kaufman Salic’s decision, saying she did not consider improper sentencing factors and gave an adequate explanation for the sentence.