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State v. Schooley

Court of Appeal of Iowa

June 26, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
DANIEL JOSEPH SCHOOLEY, Defendant-Appellant.

Appeal from the Iowa District Court for Mahaska County, Lucy J. Gamon, Judge.

An inmate appeals the denial of his challenges to the Iowa Department of Corrections's calculations of his tentative discharge date.

Jeffrey A. Smith, Oskaloosa, for appellant.

Thomas J. Miller, Attorney General, William A. Hill, Assistant Attorney General, and Rose Anne Mefford, County Attorney, for appellee.

Considered by Vogel, P.J., and Vaitheswaran and Bower, JJ.

VAITHESWARAN, J.

An inmate appeals the denial of his challenges to the Iowa Department of Corrections's calculations of his tentative discharge date.

I. Background Facts and Proceedings

The State charged Daniel Schooley with manufacturing more than five grams of methamphetamine. Schooley spent approximately three months on supervised pretrial release.[1] At that point, his pretrial release was revoked, a warrant was issued, and he turned himself in and pled guilty to manufacturing less than five grams of methamphetamine.

The district court sentenced Schooley to a prison term not exceeding ten years, suspended the sentence, and placed him on probation for three years. The court later revoked his probation and imposed the original sentence of imprisonment.

Schooley filed motions contesting his tentative discharge date. The district court denied the motions, and this appeal followed.

On appeal, Schooley contends the department (A) should have given him credit for time spent on supervised pretrial release and (B) erred in applying his earned-time credit. Our review is on error. State v. Allensworth, 823 N.W.2d 411, 413 (Iowa 2012).

II. Analysis

A. Pretrial Release Credit


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