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State v. Reed

Court of Appeals of Iowa

May 17, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
CLERONE ISAAC REED JR., Defendant-Appellant.

         Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.

         Defendant appeals his convictions for two counts of first-degree theft.

          Mark C. Smith, State Appellate Defender, and Vidhya K. Reddy, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          BOWER, Judge.

         Clerone Reed appeals his convictions for two counts of first-degree theft. We find the district court did not utilize an improper factor in sentencing Reed or abuse its discretion in imposing sentence. We determine the issue concerning appellate attorney fees is not yet ripe and do not consider it. We affirm Reed's convictions and sentences.

         I. Background Facts & Proceedings

         On December 7, 2015, Martin Mullis and Joey Hesse reported they had been the victims of an armed robbery by several individuals at a drive-up ATM in Davenport. Reed was identified as one of the armed robbers. He was charged with robbery in the first degree.

         On January 25, 2016, Reed contacted Daniel Priester, who was selling a PlayStation 4 and stated he was interested in purchasing it. When Priester arrived at an arranged location for the sale, Reed and Terrance Branigan showed Priester a gun and then took the PlayStation 4, some games, and Priester's cell phone. Officers discovered the box from the PlayStation 4 and a gun at Reed's home. Reed was charged with robbery in the second degree.

         Reed, pursuant to a plea agreement, entered guilty pleas to two counts of theft in the first degree, in violation of Iowa Code section 714.2(1) (2016), a class "C" felony, and the State agreed to dismiss the robbery charges. The court accepted Reed's guilty pleas.

         The sentencing hearing was held on September 8, 2016. The State recommended incarceration and consecutive sentences. Reed asked for a deferred judgment and probation, pointing out he was only eighteen years old. The presentence investigation report (PSI) recommended incarceration, noting "the defendant's extensive juvenile criminal record and the very serious nature of these current offenses." The court sentenced Reed to a term of imprisonment not to exceed ten years on each count, to be served consecutively. The court stated:

The reason for the sentence here is because of your, frankly, astonishing criminal history at age 18. As I look at your juvenile history, it simply takes my breath away. You have had enumerable problems on supervision. In this case you picked up a new charge while you were out on bond for the other case. You have been in numerous, numerous programs. So those are the reasons for the sentence, as is the recommendation of the PSI author and, quite frankly, protection of society. Those are the reasons for your sentences, and those reasons and the fact that there ...

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