from the Iowa District Court for Dallas County, Randy V.
defendant appeals his conviction for second-degree burglary.
K. DeRonde of DeRonde Law Firm, P.L.L.C., Johnston, for
J. Miller, Attorney General, and Genevieve Reinkoester,
Assistant Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
Miller appeals his conviction for second-degree burglary. We
find the district court did not abuse its discretion or
consider improper factors in its sentence. We preserve
Miller's claim of ineffective assistance of counsel for
potential postconviction proceedings. We affirm the district
Background Facts and Proceedings
had been employed at Edgewater, a care center for the
elderly, but lost his job. On August 28, 2015, Miller
burglarized his former employer. Pursuant to a plea
agreement, Miller agreed to plead guilty to one count of
second-degree burglary, in violation of Iowa Code sections
703.1, 703.2, 713.1, and 713.5 (2015). In return the State
agreed to recommend a suspended sentence and probation in
lieu of prison. The plea agreement was not conditioned on the
district court's acceptance.
claims his trial counsel advised him the court had agreed to
be bound to the sentencing recommendations of the plea
agreement. At the plea hearing it was made apparent the
district court was not bound by the sentencing
recommendations in the plea agreement:
THE COURT: Do you understand, Mr. Miller, that any plea
agreements or sentencing recommendations made to the Court at
the time of your sentencing are not binding on the Court and
that the Court is free to impose any sentence it feels is
appropriate at the time of sentencing? In other words, while
the parties may both be recommending probation to the
sentencing Judge, the sentencing Judge does not have to
follow that agreement and could impose a prison term if he or
she thinks it's appropriate. Do you understand that?
MR. GRAVES: Did you understand that, sir?
THE DEFENDANT: Yes, sir.
THE COURT: So, in other words, there are no guarantees as to
what your sentence is going to ...