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State v. Green

Court of Appeal of Iowa

October 23, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
ROSEMARIE GREEN, Defendant-Appellant.

Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.

Defendant appeals the court's order revoking her deferred judgment.

Mark C. Meyer, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Adam Kenworthy, Student Legal Intern, Jerry Vander Sanden, County Attorney, and Lisa Epp, Assistant County Attorney, for appellee.

Heard by Mullins, P.J., Bower, J., and Mahan, S.J. [*]

BOWER, J.

Rosemarie Green challenges the court's order revoking her deferred judgment. We affirm.

I. Background Facts and Proceedings

After Green was charged with a serious misdemeanor, possession of a controlled substance—marijuana, she entered a written plea of guilty in September 2011. See Iowa Code § 124.401(5) (2011). Green's plea agreement provides for "minimums or deferred" at sentencing. The court accepted Green's plea and scheduled a sentencing hearing. On November 10, 2011, the court deferred judgment until November 10, 2012, and placed Green on self-supervised probation. The court ordered Green to complete conditions of probation, including:

[Green] shall pay a supervision fee to the DCS in the amount of $300. The supervision fee shall be paid directly to the Department of Correctional Services and shall be paid by November 10, 2012.
. . . .
Violation of these conditions or failing to complete these conditions may result in revocation of probation or contempt of court.
The court finds [Green] is unable to make full payment of the obligations due today. The financial obligations imposed by this order (with the exception of the enrollment fee) shall be paid at the rate of $50 per month commencing December 10, 2011, and payable on the [tenth] day of each month thereafter.

Also on November 10, Green personally signed and agreed to the probation terms: "I am required to pay all fines, surcharges, court costs"; "I am required to pay a $300.00 supervision fee payable to the Department of Correctional Services"; "I am to have paid all monies owed . . . within the time frame specified in my sentencing order;" and, "If I do not comply, I will be ordered to appear in court to explain why, ...


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