from the Iowa District Court for Polk County, Gregory D.
Brandt, District Associate Judge.
Young appeals from the judgment and the sentence imposed upon
his guilty plea. AFFIRMED.
A. Olson of Branstad Law, P.L.L.C., Des Moines, for
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
DANILSON, Chief Judge.
Young appeals the sentence imposed upon his guilty plea to
driving while barred as a habitual offender, an aggravated
misdemeanor, in violation of Iowa Code section 321.561
(2016). Young contends the district court abused its
discretion by failing to consider other factors in sentencing
and by refusing to entertain the possibility of a
probationary sentence. Finding no abuse of discretion, we
Background Facts and Proceedings.
22, 2016, Young was arrested for driving while barred when he
was pulled over during a traffic stop. On June 21, Young was
again arrested for driving while barred. Pursuant to a plea
agreement, Young pled guilty to the May driving-while-barred
charge, and the State dismissed the June charge. The parties
agreed the State would base its sentencing request on the
presentence investigation (PSI) report and Young was free to
argue for an appropriate sentence.
September 14 sentencing hearing, the State requested that the
court adopt the recommendation of the PSI for Young's
sentence, which was a term of incarceration deemed
appropriate by the court. Young's counsel noted that
while the PSI report indicated he was unemployed, Young was
now working for a demolition company fifty to sixty hours per
week and being paid fourteen dollars per hour in cash.
Counsel also noted Young received rides to worksites from a
coworker and he now lives in Ottumwa with his girlfriend who
is able to give him rides around town. Counsel argued Young
had "made concrete steps in the recent months to try to
get his life back on track, " had frequent contact with
his children, good support from his mother, and he would
begin to pay off his child support obligation now that he was
employed. Counsel asked the court to suspend any sentence and
place Young on probation. The court said to Young during his
[T]his is one of the worst criminal histories I have ever
. . . .
This now will be your sixth driving while barred. . . .
[T]here have been ten probations granted to you that
you've been unsuccessful for. . . .
. . . You're always remorseful when you get caught and
it's time to be sentenced. Unfortunately, you're not
so remorseful when you're out committing the crimes and
that's the problem. This has been going on for ...