A Colorado man who had been sentenced to prison time on drug-related charges last spring in Iowa District Court for Carroll County has lost an appeal. Sixty-nine-year-old Charles Henry Eberle filed the appeal after having entered into a guilty plea. Eberle was initially charged with four counts: operating a vehicle while impaired; possession of a controlled substance—psilocybin and psilocyn; possession of a controlled substance—cocaine; and possession of a controlled substance—marijuana. These stemmed from a Carroll County traffic stop on Aug. 17, 2018. In March of 2019, Eberle agreed to plead guilty on the first three charges in exchange for the fourth being dropped. He also agreed to a sentencing of one year on the operating while impaired charge, a term not to exceed two years on the psilocybin and psilocyn charge and a term not to exceed two years on the cocaine charge. These were all to be served consecutively, for a total term not to exceed five years. Eberle also waived his right to be present at sentencing. In his appeal, he claims “boilerplate” language was used without consideration of his individual circumstances. However, the appeals court found that his history and a letter submitted to the courts by Eberle all factored into the agreed-upon sentencing and that the district court did not abuse its discretion by adhering to the plea agreement and recommendations.
