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State v. Lewis

Court of Appeals of Iowa

February 5, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
FRANKIE LEWIS 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 Scott County, Marlita A. Greve, Judge. Frankie Lewis Jr. appeals from an order revoking his deferred judgment and the resulting judgment and sentence entered on his underlying convictions of delivery of and possession with intent to deliver a schedule I controlled substance (marijuana).

Courtney T. Wilson of Gomez May LLP, Davenport, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Michael J. Walton, County Attorney, and Patrick McElyea and Kimberly Shepherd, Assistant County Attorney, for appellee.

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

OPINION

DOYLE, P.J.

Frankie Lewis Jr. appeals from the concurrent five-year prison sentences imposed after his probation and deferred judgment were revoked. He claims the district court did not properly consider all evidentiary factors in revoking his deferred judgment and in imposing the prison sentence. We affirm.

Lewis was charged with three counts of drug-related offenses in August 2009. He pled guilty to two of the counts: delivery of and possession with intent to deliver a schedule I controlled substance (marijuana), in violation of Iowa Code sections 124.204(4)(m), 124.401(1)(d), and 703.1 (2009). At his sentencing hearing in February 2010, Lewis was granted a deferred judgment with supervised probation for a period of two years. Thereafter, Lewis entered an intensive-outpatient-treatment program for alcohol and drug abuse, and he successfully completed the program a month later.

In November 2010, the Iowa Department of Corrections filed an application for revocation of Lewis's probation for numerous probation violations. At the hearing on the application in February 2011, Lewis stipulated that he violated the terms of his probation as set forth in the report. The State advised the court that Lewis had a pending charge of domestic assault causing injury, and it requested the disposition of the revocation case be continued to a date following Lewis's trial on the pending charge. The court agreed, and disposition was continued.

The pending charge was later dismissed, and a hearing on the continued disposition of the revocation case was held in March 2011. There, the State, at Lewis's probation officer's request, asked that additional terms of Lewis's probation be imposed by the court. The probation supervisor believed Lewis needed further treatment and possibly placement in the Residential Corrections Facility (RCF). The State and Lewis both requested the disposition be continued again so Lewis could start treatment and be screened for placement at the RCF. The court agreed, but it advised Lewis:

I must say, in looking at the report of violation, I don't mean to be sarcastic, I mean to be direct, it might have been easier to list a number of rules that you followed rather than the number of rules that you violated. You are on extremely thin ice, young man, extremely thin ice. You've got the benefit of one of the world's best deals going here, you're on a deferred.
. . . .
. . . If you lose your deferred, you will have this conviction hanging on your neck literally like a millstone, like a great big anchor, for the rest of your life, and you don't want that. And neither does the State and neither does your attorney, and sure as heck neither does the court. If you get into the RCF, you're going to be lucky, but it's not easy. It's kind of like being in prison, it's kind of like giving you a taste of ...

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