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State of Iowa v. Jesse Winston Lange

April 10, 2013

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
JESSE WINSTON LANGE, DEFENDANT-APPELLANT.



Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.

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

Jesse Lange appeals from the prison sentence imposed after his probation and deferred judgment were revoked. AFFIRMED.

Considered by Vogel, P.J., and Potterfield and Doyle, JJ.

Jesse Lange appeals from a five-year prison sentence imposed after his probation and deferred judgment were revoked. He claims the district court did not properly consider all evidentiary factors in revoking his deferred judgment and in imposing the prison sentence. We affirm.

I. Background Facts and Proceedings.

In November 1996, Lange pled guilty to a charge of extortion, a class "D" felony, in violation of Iowa Code section 711.4 (1995). In December 1996, he received a deferred judgment and was required to serve two years of supervised probation as a condition of the deferred judgment. Lange requested his probation be transferred to Minnesota. Transfer was not completed.

On January 27, 1997, Lange was arrested in Moorhead, Minnesota, and charged with "minor consumption, disorderly conduct, obstruct legal process, and criminal damage to property."*fn1 He was subsequently convicted for the offenses of minor consumption and obstructing legal process. Minnesota would not accept transfer of Lange's probation because of the new criminal charges he accrued. In March 1997, the State alleged Lange violated the provisions of his probation and requested it be revoked. Lange appeared at the May 1997 revocation hearing. His probation was not revoked but Lange was found in contempt and sentenced to two days in jail, which he served in July 1997.

A second attempt was made to transfer probation to Minnesota. Minnesota rejected transfer because Lange's whereabouts were unknown.

Lange did not stay in contact with his Iowa probation officer. In December 1997, the State again requested that Lange's probation be revoked for his violations of the provisions of his probation. A warrant was issued for Lange's arrest after he failed to appear at the scheduled probation revocation hearing. The record is not crystal clear, but it appears Lange was then arrested on the outstanding warrant after a traffic stop in South Dakota. Lange spent three days in jail, but extradition did not occur ,and he was released.

Lange was again arrested in January 2001, and he bonded out of jail. The hearing on his probation revocation was rescheduled at Lange's request, and an arrest warrant was again issued after Lange failed to appear at the rescheduled hearing. Lange was out of contact with his probation officer from 2001 to 2012.

In February 2012, Lange was arrested in Minneapolis on the outstanding warrant. Drugs and drug paraphernalia were found during an inventory search of his belongings at the jail. He was charged with possession of a controlled substance (methamphetamine), a felony.

Lange was then transported back to Iowa. The State filed a supplemental and addendum application for probation revocation noting additional violations of probation by Lange. At the April 2012 hearing, Lange requested to represent himself. The court accepted his waiver and discharged his court-appointed attorney. The court concluded Lange had violated his conditions of probation as alleged by the State in that he "absconded, essentially since the time of the sentencing hearing, and he has incurred law violations since the sentencing hearing." The court set a dispositional hearing for a later date.

Lange was represented by counsel at the May 30, 2012 dispositional hearing. The court found Lange had violated the terms of probation as previously determined by the court at the April hearing. The court revoked Lange's deferred ...


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