Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.
Timothy Williams Jr. appeals the sentence and fine imposed following revocation of his deferred judgment for burglary in the third degree.
Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, Michael J. Walton, County Attorney, and Kimberly Shepherd, Assistant County Attorney, for appellee.
Considered by Eisenhauer, C.J., and Vaitheswaran and Doyle, JJ.
Timothy Williams Jr. appeals the sentence and fine imposed following revocation of his deferred judgment for burglary in the third degree. We affirm in part and reverse in part and remand with directions.
I. Background Facts and Proceedings.
In December 2011, the State filed a trial information charging Williams with the crimes of third-degree burglary and possession of a controlled substance (marijuana). Williams entered guilty pleas to both charges pursuant to a plea agreement. Under the agreement, Williams would request a deferred judgment and the State agreed to recommend against incarceration.
Williams was sentenced in May 2012. On the charge of third-degree burglary, the district court granted Williams request for a deferred judgment. A $750 civil penalty was imposed. Williams was placed on supervised probation for three years and a number of specific conditions of probation were included.
Less than a week after his sentencing, and then again in October 2012, the State reported Williams had violated the conditions of his probation. Williams admitted to the reported violations. As a result of Williams's second violation, the court on November 30, 2012, entered its ruling revoking Williams's deferred judgment status and probation. The court's order, set forth via a court calendar entry, stated:
It is ordered that deferred judgment heretofore granted is set aside. Pursuant to [Williams's] plea of guilty to the charge . . . of burglary in the third degree . . ., it is the judgment and sentence of the court that [Williams] is committed . . . for a term not to exceed five years, with credit on said sentence for time spent in custody to date. [Williams] is further sentenced to pay a fine of $750. The fine is suspended.
Williams now appeals. He contends the district court erred in failing to reduce the fine imposed by an amount equal to civil penalty imposed as a part of his deferred judgment. A claim that the district court exceeded its jurisdiction or otherwise acted illegally by incorrectly applying the law and imposing a sentence not allowed by law is reviewed for correction of errors at law. State v. Keutla, 798 N.W.2d 731, 732 (Iowa 2011). We also review issues of statutory interpretation and application for errors of law. Iowa R. App. ...