from the Iowa District Court for Polk County, William P.
Chretien appeals a probation revocation order.
Charles J. Kenville of Kenville Law Firm, P.C., Fort Dodge,
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.
VAITHESWARAN, Presiding Judge.
Chretien appeals a probation revocation order. He argues the
district court (A) used a fixed policy and only considered
one factor in sentencing him to prison and (B) failed to
consider his reasonable ability to pay restitution.
pled guilty to third-degree theft. See Iowa Code
§§ 714.1(1), 714.2(3) (2015). Judgment was deferred
and Chretien was placed on probation for one year.
three-and-a-half months, the department of correctional
services filed a report of probation violation based on a
variety of infractions, including Chretien's new arrest
on a charge of second-degree theft. An addendum noted he
failed to obtain employment. Chretien stipulated to violating
the terms of probation. The district court extended his
probation and ordered him to the "Fort Des Moines
Correctional Facility pending Probation Officer's
discretion." Judgment for third-degree theft was entered
on the new criminal charge, and Chretien received a two-year
suspended sentence and one year of probation. His probation
on the original third-degree theft charge was not revoked.
three months of this order, the department filed a second
report of violation based on an arrest for third-degree
burglary. Chretien again stipulated to violating the terms of
his probation. The district court ordered him to remain in
jail until space became available at the Fort Des Moines
facility and required him "be equipped and comply with
GPS monitoring." Chretien pled guilty to this
third-degree charge and was placed on probation for two
years. Again, his probation on the original third-degree
theft charge was not revoked.
than three weeks after this order was entered, the
correctional facility applied to have Chretien removed based
on GPS data indicating he went to three "private
residences when he was signed out to be at work only."
The district court ordered his transfer to jail. A third
report of probation violation was filed. Chretien stipulated
to the violation. This time, the district court ordered his
probation revoked, adjudged him guilty of third-degree theft,
and sentenced him to prison for a term not exceeding two
years. Chretien appealed.
Fixed Policy, Single ...