Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Smith

Court of Appeals of Iowa

June 21, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
KYLE ALLEN SMITH, Defendant-Appellant.

         Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.

         A defendant appeals his sentence. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Doyle and McDonald, JJ.

          VOGEL, Presiding Judge.

         Kyle Smith appeals his sentence, claiming the district court erred by not considering the factors outlined in Miller v. Alabama, 132 S.Ct. 2455 (2012), in fashioning his sentence and by improperly considering his juvenile record. Because we conclude the district court did not abuse its discretion in sentencing Smith, we affirm.

         I. Background Facts and Proceedings

         On January 20, 2016, the State charged Smith, as well as three other codefendants, with robbery in the second degree, in violation of Iowa Code section 711.1 and 711.3 (2015). On April 29, Smith entered an Alford[1] plea as part of a plea agreement with the State; in exchange, the State agreed not to argue for imposition of the seven-year mandatory minimum on Smith, who was seventeen years old at the time he committed the crime. The district court accepted Smith's plea and set sentencing for June 30.

         At sentencing, the State recommended a ten-year prison sentence; Smith sought a deferred judgment. The district court agreed with the State's recommendation, stating:

So what it comes down to basically is this. Services were repeatedly offered to him as a juvenile and time upon time upon time he failed in receiving any benefit from those services. And yet we're here once more this time in district court, adult court, with him and this is a very serious matter where a man's life was potentially threatened and he was shot repeatedly with a BB gun. I know full well your man didn't shoot him, but nonetheless he was part in parcel of what led to the shooting. He was instrumental in the planning of this and he willingly took part in it and even though he not-he did not do the shooting and may not have intended that anyone be shot, the facts remain that the victim feared for his life and rightly so and was shot repeatedly by another one of these five individuals.
Mr. Smith, a deferred judgment is a possibility for you as is a suspended sentence, but neither one will come your way. You have demonstrated that you're not going to change because on five separate occasions you were placed in detention and on five separate occasions as a juvenile you failed in those placements and then there are other placements of you short of detention and you failed in those as well. So on the count of robbery in the second degree, contrary [sic] to section 711.3 of the Code, a class "C" felony, I will order you committed to the custody of the director of the department of corrections for not to exceed ten years. There will not be the 70 percent mandatory minimum that otherwise would flow from 902.12. I don't see a need for that because perhaps there is some hope that you will learn from this. You did perform beneficial services when you were caught. You did identify the people who had engaged in this conduct with you, and you did testify against a codefendant, and so that warrants a deviation from what might come your way under 902.12, the 70 percent mandatory minimum. We're not going to do that. There will be a fine of $1000 plus a 35 percent surcharge. The fine and surcharge will be suspended.
Smith appeals.

         II. Scope and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.