from the Iowa District Court for Cerro Gordo County, James M.
defendant appeals his indeterminate fifteen-year prison
sentence for delivery of methamphetamine as a habitual
A. Reindl of Reindl Law Firm, Mason City, for appellant.
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Tabor and Mullins, JJ.
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
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.
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.
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."
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. 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.
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 ...