For the Record

For the Record
Arthur Rusch presiding, Sept. 23-29, 2005

Benjamin Storgaard, 604 Chestnut, Springfield: Possess two ounces of marijuana or less, recharged; Ingest intoxicant other than alcoholic beverage, recharged; Use or possession of drug paraphernalia, dismissed � motion by prosecutor; Possession controlled substance, recharged; Possess two ounces of marijuana or less, dismissed � motion by prosecutor; Ingest intoxicant other than alcoholic beverage, dismissed � motion by prosecutor; Possession controlled substance, costs, suspended imposition of sentence. Imposition of sentence is suspended based on the following conditions: 1. Shall repay this county for all court appointed attorney fees; 2. Shall repay state of South Dakota for drug test; 3. Shall continue to cooperate with his treatment and take all prescribed medications; 4. Shall be under supervision of court services and shall obey all their rules, regulations and conditions imposed by them even though they may not have been specifically set out by this court. If he has financial obligations under this judgment, he shall work out a payment schedule with his probation officer; 5. Shall obey all federal, state, local or municipal laws and be a good law abiding citizen in all respects; 6. Shall not consume any alcoholic beverages of any kind or use/possess any controlled drugs/substances including marijuana and shall submit to urine/breath/blood testing at any time requested to do so by their probation officer and pay such testing. He may not enter any premises licensed for the sale of alcoholic beverages where the sale of alcoholic beverages is the primary business; 7. Shall be subject to random search and seizure by probation or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or of any probation agreement; 8. Shall pay all fines and costs ordered by this court; 9. Shall obtain a drug and alcohol evaluation and comply with its recommendations for treatment and/or aftercare; 10. Unless attending an approved educational or training program he must work regularly at a lawful occupation or job and support all dependents to the best of his ability.

Noah E. Hughes, 1119 Ave. E., Hawarden, IA: Vandalism, $500 or more, first degree, one year jail, costs. Imposition of sentence is suspended based on the following conditions: 1. Shall serve one year in Clay County Jail; 2. Shall make restitution to victim; 3. Court may consider the termination of defendant's jail sentence once he has paid the restitution in full; 4. Shall be under supervision of court services and shall obey all their rules, regulations and conditions imposed by them even though they may not have been specifically set out by the court. If he has financial obligations under this judgment, he shall work out a payment schedule with his probation officer; 5. Shall obey all federal, state, local and municipal laws and be a good law abiding citizen in all respects; 6. Shall not consume any alcoholic beverages of any kind, use/possess controlled drugs/substances including marijuana and shall submit to urine/breath/blood testing at any time requested to do so by their probation officer and shall pay for such test. May not enter any premises licensed for the sale of alcoholic beverages where the sale of alcoholic beverages is their primary business; 7. Shall be subject to random search and seizure by their probation of law offices upon reasonable suspicion that they are violating any provision of this sentence or of any probation agreement; 8. Shall pay all fines and costs ordered by this court; 9. Unless attending an approved educational or training program, he must work regularly at a lawful occupation or job and support all dependents to the best of their ability; 10. Shall repay this county for all court appointed attorney fees.

Kenneth Stark, 410 Walnut St., P.O. Box 602, Yankton: Driving under influence, fourth offense, recharged; Driving under influence, third offense, costs, two years jail. Conditions: 1. Driver license revoked for a period of one year after his release from incarceration; 2. Shall repay this county for all their court appointed attorney fees; 3. Shall repay the state of South Dakota for blood test; 4. Shall be taken to the penitentiary on Monday, September 26, 2005 so he can visit his cousin over the weekend; 5. Penitentiary is requested to provide alcohol and sex offender treatment for the defendant and upon his release he is required to seek further sex offender treatment.

Rosie Madsen, 3836 N. 99th Cl., Omaha, NE: Burglary, second degree, recharged; Burglary, third degree, costs, six month jail. Imposition of sentence is suspended based on the following conditions: 1. Shall serve six months in Clay County Jail; 2. No credit given for prior time in jail; 3. Shall make restitution; 4. Shall repay this county for all court appointed attorney fees; 5. The court shall suspend the balance of defendant's jail sentence when she begins her inpatient chemical dependency program; 6. Shall make restitution to Lake County in the sum of $500; 7. Shall be under supervision of court services and shall obey all of their rules, regulations and conditions imposed by them even though they may not have been specifically set out by this court. If she has financial obligations under this judgment, she shall work out a payment plan with her probation officer; 8. She shall obey all federal, state, local or municipal laws and be a good law abiding citizen in all respects; 9. Shall not consume alcoholic beverages of any kind or use/possess any controlled drugs/ substances including marijuana and shall submit to urine/breath/blood testing at any time requested to do so by their probation officer and shall pay for such testing. She may not enter any premises licensed for the sale of alcoholic beverages where the sale of alcohol is their primary business; 10. Shall be subject to random search and seizure by probation or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or of any probation agreement; 11. Shall pay all fines and costs ordered by this court; 12. Shall obtain a drug and alcohol evaluation and comply with its recommendations for treatment and/or aftercare; 13. Unless attending an approved educational or training program, she must work regularly at a lawful occupation or job and support all of her dependents to the best of her ability; 14. Shall complete an inpatient chemical dependency program and all recommended aftercare.

James Wolfname, 1101 W. SD Hwy. 50, Vermillion: Insufficient funds check, first degree, over $500, costs, 20 days jail. Imposition of sentence is suspended based on the following conditions: 1. Shall serve 20 days in Clay County Jail with 19 days credit; 2. Shall make restitution to victim; 3. Shall repay this county for all their court appointed attorney fees within one year; 4. Shall be under supervision of court services and shall obey all their rules, regulations and conditions imposed by them even though they may not have been specifically set out by this court. If he has financial obligations under this judgment, he shall work out a payment plan; 5. Shall obey all federal, state, local or municipal laws and be a good law abiding citizen in all respects; 6. Shall not consume any alcoholic beverages of any kind, use/possess controlled substances including marijuana and shall submit to urine/breath/blood testing at any time requested to do so by their probation officer and shall pay for such tests. He may not enter any premises licensed for the sale of alcoholic beverages where the sale of alcoholic beverages is their primary business; 7. Shall be subject to random search and seizure by probation or law enforcement officers upon reasonable suspicion that they are violating any provision of this sentence or of any probation agreement; 8. Shall pay all fines and costs ordered by this court; 9. Shall obtain a drug and alcohol evaluation and comply with its recommendations for treatment and/or aftercare; 10. Unless attending an approved educational or training program, he must work regularly at a lawful occupation or job and support all of their dependents to the best of their ability.

Mary Dell Cody presiding, Sept. 23-29, 2005

James Wolfname, 1101 W. SD Hwy. 50, Vermillion: Entering or refusing to leave, recharged; Entering or refusing to leave, $147 plus costs.

John T. Rapinchuk, 833 E. Duke, #103, Vermillion: Possess two ounces of marijuana or less, dismissed � motion by prosecutor; Ingest intoxicant other than alcoholic beverage, $300, costs, two days jail; Use or possession of drug paraphernalia, dismissed � motion by prosecutor; disorderly house, dismissed � motion by prosecutor.

Joseph Appley, Julian Hall #521, Vermillion: Driving under influence, first offense, $350 plus costs; Ingest intoxicant other than alcoholic beverage, dismissed � motion by prosecutor; Use or possession of drug paraphernalia, dismissed � motion by prosecutor.

Kelly Barrett, 113 Catlina Ave., Vermillion: Driving with revoked (not suspended) license, $247 plus costs.

Vernon Michael Merrigan, Lion's Park, Vermillion: Driving under influence, first offense, $350 plus costs, five days jail. Five days in jail is suspended based on the following conditions: 1. Get alcohol evaluation within 30 days.

Richard R. Wright, 812 Alison St., Vermillion: Driving under influence, second offense, $500, costs, 10 days jail; Possess two ounces of marijuana or less, dismissed � motion by prosecutor; Fail to maintain financial responsibility, dismissed � motion by prosecutor; Use or possession of drug paraphernalia, $56, costs; Open alcoholic beverage container accessible in vehicle, dismissed � motion by prosecutor; Driving with suspended (not revoked) license, dismissed � motion by prosecutor; Speeding other roadways, dismissed � motion by prosecutor.

Brandon King, 809 Rose, #30, Vermillion: Petty theft, first degree, $100 or more, $147 plus costs.

Philip Deveney, 28 Quiet Brook Court, St. Charles, MO: Petty theft, first degree, $100 or more, $147 plus costs.

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