Ad-Express and Daily Iowegian, Centerville, IA

April 16, 2013

Suspended prison sentence for class D felony conviction

By Michael Schaffer
Managing Editor

---- — A Moravia woman charged with a class C felony pleads to a lesser charge in Appanoose County District Court and is sentenced to a suspended prison sentence.

Melissa Ann Moser-Smith, 39, entered a voluntary, negotiated guilty plea Oct. 26, 2012 to the class D felony charge of gathering or assembling with the knowledge or intent that a controlled substance would be used, possessed or distributed, to wit, morphine.

Judge Kirk A. Daily March 15, 2013 sentenced Moser-Smith to five years in state prison, suspended, five years probation with the Department of Corrections, fine and credit for any time served for the class D felony charge.

Appanoose County Attorney Richard Scott June 18, 2012 filed trial information charging Moser-Smith with one count of manufacture, deliver, or possession with intent to manufacture or delivery morphine, a class C felony, with an offense date of Oct. 6, 2011. The county attorney would go on to twice amend his trial information.

Scott on Oct. 24, 2012 filed amended trial information to include count II, gatherings where a controlled substance is used, a serious misdemeanor, alleging Moser-Smith on Oct. 6, 2011 knowingly sponsored, promoted, aided or assisted a meeting, gathering or assemblage with the knowledge or intent that a controlled substance would be used, possessed or distributed, to wit, marijuana.

Scott on Oct. 26, 2012 filed amended trial information to include count II, gatherings where a controlled substance is used, a class D felony, alleging Moser-Smith on Oct. 6, 2011 knowingly sponsored, promoted, aided or assisted a meeting, gathering or assemblage with the knowledge or intent that a controlled substance would be used, possessed or distributed, to wit, morphine.

The criminal compliant and affidavit filed May 17, 2012 by the Centerville Police Department states at approximately 10:51 a.m. in Centerville Moser-Smith delivered a quantity of morphine to a confidential informant working under the direction of law enforcement.

The court dismissed the original count I, class C felony charge, on March 19, 2013.

Moser-Smith owes $1,507.50.