Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
JASON IRVINE sits in the courtroom prior to a hearing in Gogebic County Circuit Court Tuesday. Irvine will have until Jan. 15 to consider whether he wants to withdraw his guilty plea to two counts of first degree criminal sexual conduct after Judge Michael Pope found he hadn't been adequately informed the charges carried a 25-year mandatory minimum sentence.
By RICHARD JENKINS
rjenkins@yourdailyglobe.com
Bessemer - An Ironwood Township man will have a week to think about whether he wants to withdraw his guilty plea after Judge Michael Pope delayed a sentencing hearing in Gogebic County Circuit Court Tuesday.
Jason Elliot Irvine, 47, pleaded guilty to two counts of first degree criminal sexual conduct in November as part of a plea agreement - charges which carry a potential life sentence.
Pope said Tuesday Irvine wasn't adequately informed the charges had a mandatory minimum sentence of 25 years in prison.
"In light of the fact that (the mandatory minimum) was not clarified for you at the plea hearing, I'm going to give you an opportunity to consider that and consider whether or not you wish your pleas to stand," Pope told Irvine. "You are going to be given the option to withdraw your pleas."
Irvine will return to court Jan. 15 to announce whether he wants the pleas to stand or proceed toward a trial.
Irvine was arrested in September following an investigation into his online activity, which began when a Tumblr user contacted the National Center for Missing and Exploited Children regarding suspicious activity related to an account on the online forum where users post blog entries, photographs, videos and music.
While court documents say the crimes were committed between 2016-18, Irvine previously claimed the time stamps were wrong and the assaults only took place between May 2018 and his arrest on Sept. 6.
Irvine said at the plea hearing he had sex with a 10-year-old relative at his Margaret Street house at least twice in that period.
Irvine pleaded guilty to the two charges as part of an agreement that called for three additional first-degree criminal sexual conduct charges be dismissed at sentencing and his two sentences be served concurrently.
The agreement also included a stipulation that prosecutors agree to recommend a sentence within state guidelines. Pope said Tuesday the state law requiring a 25-year minimum sentence nullifies this as the guidelines may be below 25 years and thus Pope couldn't use them to impose a sentence.
Chief Assistant Prosecutor Tracie Wittla indicated she was willing to recommend a 25-year sentence rather than one within the guidelines if Irvine wanted his plea to stand.
Pope said the concurrent sentences and dismissal of other charges weren't impacted by the state law and would be left unchanged if Irvine didn't withdraw his plea.
