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State of Iowa v. David Hal Calvin

February 27, 2013

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
DAVID HAL CALVIN, DEFENDANT-APPELLANT.



Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.

The opinion of the court was delivered by: Danilson, J.

David Calvin contends the district court imposed an illegal sentence upon his conviction second-degree theft as a habitual offender.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.

Considered by Eisenhaurer, C.J., and Danilson and Bower, JJ.

David Calvin contends the district court imposed an illegal sentence upon his conviction of second-degree theft as a habitual offender. Calvin was entitled to credit for time served in the Mount Pleasant residential treatment center prior to sentencing. He was not entitled to credit for time served for time spent in jail for drug court violations prior to sentencing. Accordingly, we affirm in part, reverse in part, and remand for resentencing.

I. Background Facts and Proceedings.

On February 9, 2011, the State charged Calvin with theft in the second degree as a habitual offender (Count I), and harassment in the second degree (Count II) for acts occurring on November 29, 2009. Calvin filed notice that he intended to rely on intoxication to negate specific intent.

A guilty plea was scheduled. Calvin was referred to the intensive supervision court, commonly referred to as "drug court." Calvin entered a guilty plea on March 24, 2011. The Alford plea agreement*fn1 provided that Calvin would enter a guilty plea to theft in the second degree as a habitual offender and enter drug court. Upon successful completion of the drug court program, the parties would make a joint recommendation for a suspended sentence. If Calvin was unsuccessful in the program, the parties would agree to prison. The State agreed to dismiss Count II and another Polk County case.

Calvin's intensive supervision court plea agreement states, in part, "Defendant agrees and understands that violation of Drug Court rules may result in immediate arrest. Serious violations that do not result in Defendant being removed from the program may result in short term jail stays as a penalty for breaking the rules."

Calvin also signed a contract, which states in part:

I agree to enter Intensive Supervision Court (Drug Court), and, by so doing, I understand I will have certain obligations and responsibilities. I will have to follow the orders given my by the judge, my probation officer, TASC, Drug Court staff and/or other persons involved in Drug Court.

I understand my responsibilities are: . . . .

4. I must follow the treatment plan developed by the treatment coordinator or provider;

. . . . 11. I must follow the directives given me; if I fail to do so, sanctions may be imposed upon me which include, but are not limited to: . . . (g) [a] period ...


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