from the Iowa District Court for Black Hawk County, George L.
defendant appeals his sentence. AFFIRMED.
C. Smith, State Appellate Defender, and Melinda J. Nye,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Kelli A. Huser, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
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.
Background Facts and Proceedings
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 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.
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.
Scope and ...