Ad-Express and Daily Iowegian, Centerville, IA

February 1, 2013

Appanoose County man sentenced to second, two year probation in a little more than two years

By Michael Schaffer - Managing editor
Daily Iowegian

CENTERVILLE — An Appanoose County man about one month after the end of a two year probation sentence handed down in December of 2010 again was sentenced to two years probation in January of this year.

Both criminal cases against Levi Patrick Bryan, 21, of Centerville, involve illegal drugs, including cocaine, marijuana and morphine.

The 2010 criminal case against Bryan started out with Appanoose County Attorney Richard Scott filing trial information on June 22, 2010 charging Bryan with possession of a controlled substance with the intent to deliver cocaine in Appanoose County, a class C felony, possession of a controlled substance with the intent to deliver marijuana in Appanoose County, a class D felony and possession of a controlled substance with the intent to deliver cocaine to a person under the age of 18 in Appanoose County, a class B felony.

Class B, C and D felony convictions could mean ??? years in prison.

The complaint and affidavit filed by Centerville Police Department officer Shaun Houser on May 14, 2010 states Bryan on May 8, 2010 delivered or assisted in the delivery of two grams of cocaine to a person under the age of 18. The transaction occurred near Walnut and 18th Street in Centerville.

On May 13, 2010 law enforcement executed a search warrant at 1913 S. Main St. and discovered items belonging to Bryan including cocaine, marijuana, drug paraphernalia and marijuana plants.

Bryan on Dec. 10, 2010 filed a petition to plead guilty to possession of marijuana, a serious misdemeanor, lesser included to Count II in the trial information.

Bryan, 21, was sentenced to 180 days in jail, with 172 days suspended, two years probation to the court, fine, 180 days driver's license revocation and credit for eight days served by Judge Kirk A. Daily on Dec. 10, 2010 for possession of a controlled substance, marijuana, a serious misdemeanor.

The class C felony charge was dismissed by the court on Jan. 25, 2011.

A little more than a month after finishing his 2010 probation, Bryan was sentenced Jan. 18, 2013 by Judge Daily for possession of morphine, an aggravated misdemeanor, to two years in state prison, suspended to two years low risk probation with the Department of Corrections, fine, 180 days revocation of driver's license, complete substance abuse evaluation and credit for any time served.

On Jan. 18 Bryan entered a negotiated, voluntary guilty plea to the charge that had an offense date of Aug. 22, 2012. In Bryan's wavier of rights and guilty plea he admits to the morphine possession and a conviction for possession of cocaine in Appanoose County on Dec. 13, 2010.

Scott filed trial information on Oct. 2, 2012 charging Bryan with possession of morphine, second offense and operating a motor vehicle while license was barred, habitual offender, both aggravated misdemeanors.

According to the criminal complaint and affidavit filed by Centerville Police Department officer Jeremy Cole on Aug. 23, 2012 states Bryan was stopped near the intersection of Main and Maple streets driving a 2002 Buick Century while not having a valid driver's license. Bryan was arrested, taken to jail, and a subsequent search of the vehicle turned up 1 1/2 morphine pills inside the vehicle's center console.

A search of Bryan turned up a silver spoon with suspected morphine residue and cotton on one side and burn marks on the other side, a metal cigar case containing two hypodermic needles and several Q-Tips.

Bryan's driver license was barred as of July 23, 2012 and will remain in effect until July 22, 2015.

The driving while barred, habitual offender and a simple misdemeanor were dismissed by the court on Jan. 18.

Between the two court cases, Bryan owes the state $1,981.58.