from the Iowa District Court for Scott County, Joel W.
appeals his convictions for two counts of first-degree theft.
C. Smith, State Appellate Defender, and Vidhya K. Reddy,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
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.
Background Facts & Proceedings
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.
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.
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.
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
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 ...