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State v. Worthum

Court of Appeals of Iowa

February 5, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
ANTOINE LAMONT WORTHUM JR., Defendant-Appellant

Editorial Note:

This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.

Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge. Defendant challenges the court's sentencing order.

Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Stephen Holmes, County Attorney, and Adam Kenworthy, Student Legal Intern, for appellee.

Considered by Doyle, P.J., and Tabor and Bower, JJ.

OPINION

BOWER, J.

Antoine Worthum Jr. challenges the sentences imposed following his pleas of guilty to second-degree theft and assault causing bodily injury. Worthum argues the court relied on an improper sentencing factor and abused its discretion in failing to consider any mitigating factors. We affirm.

I. Background Facts and Proceedings

The State and Antoine Worthum Jr. reached a plea agreement on two Story County cases. Worthum entered a guilty plea in FECR45604 to second-degree theft and in FECR48367 to assault causing bodily injury. There was no agreement regarding sentencing.

A. Theft.

In September 2010 an Ames, Iowa, home was burglarized. A pawn store's log identified Worthum as the person who pawned the stolen items. During the February 2013 plea colloquy, Worthum admitted having stolen property valued in excess of $1000 in his possession in September and October 2010. He also admitted he intended to deprive the owner of that property. See Iowa Code § 714.1(1), .2(2) (2009) (class " D" felony).

The court ordered a presentence investigation report (PSI). The PSI recommended a five-year sentence, stating:

Department risk assessments indicate [Worthum] is at a high risk to reoffend. [Worthum] has demonstrated a pattern of criminality. [He] verbalized little remorse for the victim in the instant and pending [assault] case. He denied taking the . . . possessions but admitted to pawning them off. During the PSI interview [Worthum stated] he wishes to change his ways and become a better father to ...

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