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State v. Smith

Court of Appeal of Iowa

July 10, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
MONTAVIOUS KENTRELL SMITH, Defendant-Appellant.

Appeal from the Iowa District Court for Black Hawk County, James D. Coil, District Associate Judge.

A defendant appeals his sentence for operating a motor vehicle while intoxicated.

Christopher M. Soppe, Dubuque, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Jeremy Westendorf, Assistant County Attorney, for appellee.

Considered by Doyle, P.J., and Danilson and Mullins, JJ.

MULLINS, J.

Montavious Kentrell Smith appeals from the sentence following his guilty pleas and convictions for two separate charges of operating while intoxicated, first offense, in violation of Iowa Code section 321J.2 (2011). Smith contends that the district court erred in failing to provide specific reasons for the sentence imposed. For the reasons stated below, we affirm the decision of the district court.

I. BACKGROUND FACTS AND PROCEEDINGS.

In May 2011, Smith was arrested for operating while intoxicated (OWI) after a traffic stop and was charged by trial information in June 2011. On October 13, 2011, he executed and filed a written guilty plea and waiver of rights in that case, and in the space provided on the form for disclosing his understanding of the State's anticipated sentence recommendation "N/A" was written. The court acknowledged the written guilty plea in a December 6, 2011 order following a bond forfeiture hearing.

On November 30, 2011, Smith was again arrested for OWI and charged by trial information on December 7. On August 3, 2012, he executed a written guilty plea and waiver of rights for the subsequent offense, and the court held a hearing accepting the written guilty plea. The parties informed the court at the hearing, and it specifically stated in the written guilty plea, there was no plea agreement at that time.

The district court held a plea and sentencing hearing on November 7, 2012. With regard to the first OWI offense, the State recommended the following sentence: one year incarceration with all but thirty days suspended, a $1250 fine plus costs and surcharges, completion of drinking drivers classes, a substance abuse evaluation and evidence of compliance with any recommendations, two years supervised probation, and placement in the Black Hawk County Residential Facility for one year or until the attainment of maximum benefits. With regard to the subsequent OWI offense, the State recommended an identical sentence to run concurrently with the first. The State informed the court that additional pending charges, some of which were in cases that are not included in this appeal, either were resolved by pleas or were going to be dismissed by the State. The State further recommended the sentences run concurrent with sentences to be imposed in two of those other cases in which Smith was pleading guilty as outlined in a written plea that was apparently filed in those cases. The State also informed the court of Smith's history of prior criminal convictions.

Pointing out that Smith should receive credit for the thirty non-suspended days of the sentence for time already served, defense counsel said, "[T]hat would be the only change I would make with regards to the plea agreement." When given his right of allocution, Smith questioned whether the court should consider his prior criminal record but did not object to the State's sentencing recommendation or his counsel's remarks concerning sentencing.

The district court accepted the pleas and jointly recommended sentences, and ordered the two sentences to run concurrently. As a condition of Smith's probation, the court ordered Smith placed in the residential facility for one year or until attainment of maximum benefits.[1] The court stated the following as its reasons for the sentences imposed: "the nature and circumstances of these offenses, you as an offender, your prior criminal record as well as the plea agreement of the parties." Smith ...


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