This opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed.
Appeal from the Iowa District Court for Webster County, Gary L. McMinimee, Judge. Defendant appeals from the district court's order overruling his motion for correction of an illegal sentence.
Mark C. Smith, State Appellate Defender, and Vidhya Reddy, Assistant Appellate Defender, for appellant.
Gary Eldon Trueblood, Fort Dodge, Pro se.
Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney General, Ricki Osborn, County Attorney, and Jennifer Bonzer, Assistant County Attorney, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Mullins, JJ.
Gary Trueblood appeals from the district court's order overruling his motion for correction of an illegal sentence. He maintains the district court violated his constitutional right by overruling his motion without appointing him counsel. Because we find the issues raised by Trueblood are not properly described as a challenge to the legality of the sentence, we affirm the district court's order overruling his motion.
I. Background Facts and Proceedings.
On September 21, 2011, the State charged Trueblood with six counts of sexual abuse in the second degree and two counts of sexual abuse in the third degree. Trueblood accepted a plea agreement and pled guilty to two of the counts of sexual abuse in the second degree. The State dismissed the other six counts. Per the agreement, the State and Trueblood jointly recommended that he receive indeterminate twenty-five-year prison sentences on each count to be served consecutively for a total indeterminate sentence of fifty years, with a mandatory minimum of seventy percent to be served before obtaining eligibility for parole. On April 11, 2012, the district court sentenced Trueblood, accepting the joint recommendations of Trueblood and the State.
On March 29, 2013, Trueblood filed a pro se motion for correction of an illegal sentence. In his motion, Trueblood argued the Iowa Department of Correction's policy pertaining to the sexual offender treatment program was an illegal implementation of the court's sentence, as it would require him to discharge his entire fifty-year sentence rather than allowing him to be paroled after serving the mandatory minimum. He also argued the district court's imposition of convictions and sentences on two counts of sexual abuse violated his Fifth Amendment protection against double jeopardy because all of the alleged sexual abuse acts grew out of one continuous criminal offense with one victim. Within the motion, Trueblood also asked the court to appoint counsel.
On April 18, 2013, the district court issued a written order overruling Trueblood's motion. The court did so without appointing ...