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State v. Barclay

Court of Appeals of Iowa

January 11, 2017

STATE OF IOWA, Plaintiff-Appellee,
REED NATHAN BARCLAY, Defendant-Appellant.

         Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge.

         A defendant appeals his indeterminate fifteen-year prison sentence for delivery of methamphetamine as a habitual offender. AFFIRMED.

          Sarah A. Reindl of Reindl Law Firm, Mason City, for appellant.

          Thomas J. Miller, Attorney General, and Thomas J. Ogden, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Tabor and Mullins, JJ.

          TABOR, Judge.

         Reed Barclay alleges the sentencing court discriminated against him because he suffers from mental illness. Barclay seeks to have his prison sentence vacated and to be admitted into drug court. Because Barclay's claim of discrimination does not lead to his desired remedy, we affirm his judgment and sentence.

         I. Prior Proceedings

         In December 2015, the State charged Barclay by trial information with two counts of delivery of methamphetamine, class "C" felonies, in violation of Iowa Code sections 124.401 (1)(c)(6) and 124.413 (2015), as a second and subsequent offender under section 124.411, and as a habitual offender under sections 902.8 and 902.9(1)(c). In February 2016, Barclay initialed and signed a written plea of guilty to one of the two delivery counts. As part of the agreement, the State agreed to dismiss the second count and to recommend a prison term not to exceed forty-five years, all suspended; five years' probation; and placement in drug court.

         The Second Judicial District Department of Correctional Services completed a presentence investigation (PSI) in April 2016. Thirty-four-year-old Barclay reported to the investigator that he had been "diagnosed with schizoaffective disorder, ADHD, and intermittent explosive disorder and was in special education and behavior disorder classes while in school." He dropped out of high school after the eleventh grade but received his GED from North Iowa Area Community College in 1999.

         Barclay also reported being a daily user of methamphetamine and was diagnosed with a severe amphetamine-type substance-abuse disorder. He received in-patient treatment at Prairie Ridge Integrated Behavioral Healthcare in Mason City in 2015, but he left the program in December of that year and was hospitalized at the Mercy Medical Center psychiatric unit. According to the PSI, Prairie Ridge staff evaluated Barclay in February 2016 as a result of a drug-court referral. The PSI reported the drug-court team decided not to accept Barclay into the drug-court program. The PSI recommended Barclay be sentenced to a prison sentence not to exceed forty-five years, reasoning: "The defendant's criminogenic needs require a higher level of supervision than what community based supervision can provide."

         Barclay was aware of the drug-court team's decision at the March 2016 guilty-plea hearing. His counsel explained: "Mr. Barclay has been evaluated for drug court and they won't accept him at this time. They might reevaluate him over the term of his probation, but right now they believe it's a little too much anxiety for him to participate in that right off the bat." The plea-taking court responded: "So the screening for drug court has been done, and that's not an option at this time. So I'm assuming then we're just going to jointly recommend probation to the Department of Correctional Services without involvement in drug court?" Defense counsel agreed that was accurate. But the prosecutor said he still intended to recommend drug court, saying "It's still . . . the court's discretion whether they allow him in.[1] So since that's what I agreed to, that's what I'm going to recommend." Barclay personally affirmed he understood the status of the drug-court recommendation and, nevertheless, went ahead with his guilty plea.

         At the April 2016 sentencing hearing, the State recommended "a forty-five-year prison sentence with the one-third mandatory minimum imposed but that sentence be suspended with a recommendation for placement in the Cerro Gordo County drug court." The prosecutor continued:

[I]n support of my recommendation, I do believe [Barclay] does have a lengthy drug history and criminal history that would suggest that he does need . . . the drug court and its specialized training in order to be successful in becoming a productive member of our society. I do believe a lot of his offenses are drug-induced or drug-related, so the State feels that the ...

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