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State v. Lyke

Court of Appeals of Iowa

July 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
JEJUAN TYREE LYKE JR., Defendant-Appellant.

         Appeal from the Iowa District Court for Dallas County, Gregory A. Hulse (motion to substitute counsel), Terry Rickers (plea) and Randy V. Hefner (sentencing), Judges.

         Jejuan Tyree Lyke Jr. appeals from judgment and sentences entered following his pleas of guilty to intimidation with a dangerous weapon, willful injury, and third-degree kidnapping (with firearm enhancement). AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Jean C. Pettinger, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          DANILSON, Chief Judge.

         JeJuan Tyree Lyke Jr. appeals from judgment and sentences entered following his pleas of guilty to intimidation with a dangerous weapon, in violation of Iowa Code sections 708.6 and 702.7 (2015), a class "C" felony; willful injury causing bodily injury, in violation of Iowa Code section 708.4, a class "D" felony; and kidnapping in the third degree, in violation of Iowa Code sections 710.1 and 710.4, a class "C" felony. We affirm.

         I. Background Facts and Proceedings.

         Due to events occurring on February 3, 2015, Lyke was charged with six offenses: count I-attempted murder, count II-robbery in the first degree, count III-intimidation with a dangerous weapon, count IV-going armed with intent, count V-willful injury, and count VI-kidnapping in the second degree; counts I, II, and VI being class "B" felonies.

         On June 24, 2016, the State explained the parties had reached a plea agreement as follows:

The defendant will plead guilty to count III, intimidation with a dangerous weapon, that is a class "C" felony; he will plead guilty to count V, willful injury, a class "D" felony; and count VI, amended from kidnapping in the second degree to kidnapping in the third degree, a class "C" Felony.
The parties will jointly recommend the following sentencing obligations at the time of sentencing. On count III, that the defendant be ordered to serve a term not to exceed ten years with the department of corrections, that he be ordered to pay the minimum fine of $1000, that he be ordered to pay restitution in an amount to be determined on all charges as filed, that he be ordered to submit a sample of his DNA to be kept on the registry of the State of Iowa.
As to count V, willful injury, that he be sentenced to a term of incarceration not to exceed five years, that he be ordered to pay the minimum fine of $750.00, plus statutory surcharge and the court costs, that he be ordered to pay restitution in an amount to be determined on all charges as filed. That he submit a sample of his DNA, and be kept on the registry of the State of Iowa.
As to count VI, the State would move to amend that charge conditionally based upon the acceptance of the court by your Honor on these pleas in this matter, kidnapping in the second degree and kidnapping in the third degree. Parties would jointly recommend that he be ordered to be incarcerated for a term not to exceed ten years, ordered to pay a fine of $1000, plus surcharge and court costs, and restitution to be determined on all charges as filed, and submit a sample of his DNA.
With regard to amended count VI, the State filed an amended trial information including the gun enhancement language contained in Iowa Code section 902.7, that is a mandatory minimum sentence of five years. The State understands that in addition to the kidnapping he will also plead guilty to the gun enhancement language and be subject to that five-year minimum term of incarceration.
With regard to serving these sentences the parties will jointly recommend that he serve each of these sentences, and that each sentence be run consecutive to the other two sentences for maximum term of incarceration not to exceed [twenty-five] years.

         The court entered judgement. On the intimidation-with-a-dangerous- weapon charge, the district court imposed a term of imprisonment not exceeding ten years and a $1000 fine; on the willful-injury charge, the court imposed a term of imprisonment not exceeding five years and a $750 fine; and on the third-degree-kidnapping charge, the court imposed a term of imprisonment not to exceed ten years and a $1000 fine. Pursuant to Iowa Code section 902.7, the court imposed the mandatory-minimum sentence of five years on the charges of the intimidation with a dangerous weapon and third-degree kidnapping. The prison terms are to run consecutively.

         On appeal, Lyke asserts (1) his plea counsel was ineffective for allowing him to plead guilty to kidnapping in the third degree because there was no factual basis for the plea; (2) the district court imposed an illegal sentence by imposing the dangerous-weapon sentencing enhancement under Iowa Code section 902.7 on the charge of intimidation with a dangerous weapon; and (3) his plea counsel was ineffective for failing to object to the State's sentencing recommendation as a breach of the parties' plea agreement.

         II. Scope and Standard of Review.

         Claims of ineffective assistance of counsel are grounded in the Sixth Amendment right to counsel, and we review constitutional claims de novo. State v. Clay, 824 N.W.2d 488, 494 (Iowa 2012).

         We review a claim of an illegal sentence for errors at law. See State v. Ragland, 836 ...


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