Man who had Mason City theft conviction vacated by Iowa Supreme Court plans to plead guilty

MASON CITY — A Des Moines man who had his sentence for stealing a lawn mower from a Mason City business vacated by the Iowa Supreme Court and sent back to district court plans to plead guilty in the case.

55-year-old Charles Ross was accused of stealing a lawn mower from Mills Fleet Farm in September 2018. He eventually pleaded guilty to second-degree theft, possession of a tool with the intent to unlawfully remove a theft detection device, and possession of methamphetamine and was sentenced to five years in prison.

Ross in his appeal argued that his trial counsel was ineffective for allowing him to plead guilty to the possession of a tool to remove a theft detection device charge because the padlock-steel cable combination was not a theft detection device according to Iowa Code.

The Iowa Supreme Court in their ruling issued in April agreed with Ross’ argument that the padlock-steel cable combination was a theft “prevention” device and not a theft “detection” device. The court vacated the guilty plea and remanded the case back to Cerro Gordo County District Court for further proceedings on the other two charges.

Court records show a plea change hearing is now set for December 9th in the case.