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State of Iowa v. Fred Leo Ruble

May 15, 2013

STATE OF IOWA, PLAINTIFF-APPELLEE,
v.
FRED LEO RUBLE, DEFENDANT-APPELLANT.



Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.

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

A defendant appeals claiming his sentence is illegal. AFFIRMED.

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

Fred Ruble appeals the district court's denial of his motion to correct an illegal sentence.*fn1 He was convicted of first degree kidnapping, assault while participating in a felony causing serious injury, and conspiracy to commit murder in 1984 and has been serving a life sentence for the kidnapping conviction. He claims the mittimus issued following his sentence states he is to be committed to the department of corrections for the rest of his life less 238 days for time spent in jail prior to sentencing. He claims this sentence is inherently flawed because he cannot be given credit for the 238 days he spent in jail prior to sentencing because he is committed until his death. He also argues the failure to credit him these 238 days is a violation of his right to due process and equal protection.

Because we find the two statutory provisions that Ruble challenges are not in conflict and can be read in harmony, we reject Ruble's claim that his sentence is impossible, illegal, inherently flawed, and/or void. We also conclude his equal protection claim cannot succeed because the classification of felons does not create similarly situated groups, and his procedural due process rights are not implicated because Ruble has not been deprived of a protected interest. Therefore, there is no constitutional violation in this case.

We first note the judgment and sentencing order makes no mention of the jail credit. Nothing in the mittimus even referenced a credit for time served.

However, the mittimuses for the other counts Ruble was convicted of mention the 238-day jail credit. In addition, Ruble provides us with a copy of his "Sentence Summary (Time Comp)" document from the department of corrections that states he has a credit for 238 days for all three convictions. Therefore, we will address the merits of Ruble's claim.

Ruble makes both statutory construction claims and constitutional claims. We review questions of statutory interpretation for correction of errors at law. State v. Gonzalez, 718 N.W.2d 304, 307 (Iowa 2006). However, our review of a constitutional challenge is de novo. Id.

I. Statutory construction claim.

Ruble claims Iowa Code section 902.1 (1985)-which provides that offenders convicted of a class "A" felony are to be sentenced to life in prison and shall not be released unless the Governor commutes the sentence to a term of years-conflicts with section 903A.5*fn2 -which provides, in part, that an inmate who was confined to a county jail prior to sentencing is to be "given credit for the days already served upon the term of the sentence." Because of this alleged conflict, Ruble asserts his sentence, which confines him for life but yet gives him a credit of 238 days, is inherently flawed and as a result void.

We find no conflict in the statutes. Iowa Code section 903A.5 provides that the credit is to be given for days already served "upon the term of the sentence." (Emphasis added.) The word "term" is not defined in the statute, but Black's Law Dictionary defines "term" as "a fixed period of time." Black's Law Dictionary 1510 (8th ed. 2004); see also State v. White, 545 N.W.2d 552, 555-56 (Iowa 1996) ("When examining a statutory term, we give words their ordinary meaning, absent any legislative definition or particular meaning in the law. The dictionary is an acceptable source for the common meaning of a word.").

Applying the definition of the word "term" to section 903A.5, we conclude the credit for time spent in jail prior to sentencing is only to be given for sentences that have a fixed period of time. Those sentences include those crimes other than class "A" felonies. See Iowa Code § 902.3 ("When a judgment of conviction of a felony other than a class 'A' felony is entered against a person, the court, in imposing a sentence of confinement, shall commit the person into the custody of the director of the Iowa department of corrections for an indeterminate term, the maximum length of which shall not exceed the limits as fixed by section 902.9, unless otherwise prescribed by statute, nor shall the term be less than the minimum term imposed by law, if a minimum sentence is provided." (emphasis added)). It is only if there is a fixed period of time that the department of corrections can calculate the jail credit to be given. Without a defined "term" or a "fixed period of time," it would be a guessing game to calculate the date a felon is to be released.

Iowa Code section 902.1 does not provide a fixed period of time for those convicted of class "A" felonies. Instead the person is committed "into the custody of the director of the Iowa department of corrections for the rest of the defendant's life. . . . [A] person convicted of a class 'A' felony shall not be released on parole unless the governor commutes the sentence to a term of years." Iowa Code ยง 902.1(1) (emphasis added). The only way a person convicted of a class "A" felony can convert their sentence into ...


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