- Special Sections
Dustin Cash Cody, age 20, appeared before Seventh District Judge Darren Simpson Monday afternoon.
Cody was arrested on March 14, 2012, and charged with (count one) domestic violence inflicting traumatic injury and (count two) attempted strangulation.
He served 15 days in jail and was released on his own recognizance.
In his plea agreement, the state agreed to dismiss the attempted strangulation charge for a guilty plea. Other points of the plea agreement included, the state would recommend a withheld judgment and would not oppose probation.
"This is a serious offense," Judge Simpson said. "There is no justification to try to put your hands on the throat of your spouse or significant other.
"If this might occur because you are so angry, walk away, get out of there," the judge said.
"I am going to impose a harsher sentence," Simpson said. "I will not follow all the recommendations."
Cody received a fixed sentence of not less than two years and not more than six years.
He must pay a $1,000 fine, court costs of $255.50, reimburse the county $500 for his public defender and $250 for his evaluation by the county.
Simpson then suspended the jail time and put Cody on probation for five years.
Cody will serve 75 days of local incarceration. He was given credit for 15 days in jail.
Following his sentence, Cody was immediately taken to the Bingham County Jail to begin 30 days of continuous incarceration. Cody must serve the remaining 30 days by Jan. 31, 2013.
Cody is to complete 100 hours of community service within 18 months. He must maintain full-time employment or be in some type of training.
Cody must obtain his GED with 24 months or at least be working on it.
He must not have any contact with the victim. He must not use any alcohol or controlled substances.
Cody must also complete a 52-week domestic battery course.