Appeal from the Iowa District Court for Scott County, Gary D. McKenrick, Judge.
Hoeck appeals from an amended sentence for kidnapping in the first degree.
Mark C. Smith, State Appellate Defender, and Robert Ranschau, Assistant Appellate Defender, for appellant.
Anthony Hoeck, Fort Madison, pro se.
Thomas J. Miller, Attorney General, Richard Bennett, Assistant Attorney General, and Michael J. Walton, County Attorney, for appellee.
Considered by Eisenhauer, C.J., and Potterfield and Tabor, JJ.
Anthony Hoeck appeals from the corrected sentence on his conviction of first-degree kidnapping, contending the sentence was illegal and violated protections against cruel and unusual punishment. He also raises challenges to the procedure in imposing the corrected sentence. We affirm.
Background Facts and Proceedings.
In 1994 Hoeck was convicted by a jury of second-degree murder, first-degree robbery, first-degree kidnapping, criminal gang participation, possession of an offensive weapon, and conspiracy to commit robbery. He was seventeen years old at the time he committed the crimes. On the kidnapping conviction, the court sentenced Hoeck to life imprisonment without the possibility of parole. This court upheld the convictions on direct appeal. State v. Hoeck, 547 N.W.2d 852, 860 (Iowa Ct. App. 1996).
In 2011 Hoeck filed a motion to correct illegal sentence, seeking to eliminate the parole ineligibility provision of his life sentence. The trial court granted the motion. Hoeck then filed a motion to reconsider alleging: (1) he was denied his right to be present, to speak in mitigation, and to be heard on why the court should not enter sentence; (2) the court did not exercise discretion in sentencing; (3) the corrected sentence was illegal; and (4) the corrected sentence did not address credit for time served or good-time credit. Hoeck's motion to reconsider was denied. Hoeck appeals.
Scope and Standards of Review.
Claims a sentence is illegal are reviewed for correction of errors at law. State v. Davis, 544 N.W.2d 453, 455 (Iowa 1996). A court may correct an illegal sentence at any time. Iowa R. Crim. P. 2.24(5)(a). A claim a sentence is unconstitutional because it constitutes cruel and unusual punishment is a claim the sentence is illegal. Bonilla v. ...