(Atlantic) The matter of the State of Iowa vs. Roger Allen Ericksen was scheduled to commence for a jury trial on Tuesday, December 11, 2012 following a mistrial for a hung jury on August 30, 2012 in which a jury of twelve persons could not reach a unanimous verdict on any of the forty-nine (49) Counts against the Defendant.
On Tuesday, December 4, 2012, the State of Iowa appeared in the Iowa District Court in and for Cass County at Atlantic, Iowa by the Cass County Attorney Daniel L. Feistner. The Defendant, Roger Allen Ericksen, appeared in person and with Counsel Theodore R. Wonio. Pursuant to a plea agreement between the State and the Defendant, the Defendant entered a voluntary guilty plea to one Count (Count 43) of Sexual Abuse in the Third Degree, a Class "C" Felony in violation of Iowa Code Section 709.4(2)(c)(4)
The defendant waived a pre-sentence investigation (PSI) and all constitutional rights as well as the right to a fifteen-day waiting period between plea and sentencing and the right to withdraw his guilty plea at least five days prior to sentencing and was immediately sentenced by the District Court.
For sentencing, the Defendant was committed to the custody of the Director Division of Adult Corrections, State of Iowa, for a term not to exceed ten (10) years with all of said sentence suspended and the Defendant was placed on supervised probation with the Fourth Judicial District Department of Corrections for a period of two (2) years subject to the following terms and conditions of probation: 1. Defendant shall immediately register as a sex offender in the State of Iowa; 2. Defendant shall provide DNA sampling; 3. Defendant shall have no contact with the victim of this crime for a period of ten (10) years; 4. Defendant shall enroll and successfully complete the Sex Offenders Treatment Program (SOTP) and shall reside at the Residential Treatment Facility (RTF) until maximum benefits are received. Until bed space is available, the Defendant shall be confined to the Cass County Jail. The Cass County Sheriff shall transport the Defendant to the RTF in Council Bluffs, Iowa upon bed space becoming available.
Pursuant to Iowa Code Section 903B.1, a special sentence was imposed committing the Defendant into the custody of the Director of the Iowa Department of Corrections for the rest of the person's life with eligibility for parole as provided by Iowa Code Chapter 906.
All remaining 49 Counts against the Defendant were dismissed. All court costs were assessed to the Defendant.