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State v. Chretien

Court of Appeals of Iowa

August 2, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
DESMOND WAYNE CHRETIEN, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.

         Desmond Chretien appeals a probation revocation order.

          Charles J. Kenville of Kenville Law Firm, P.C., Fort Dodge, for appellant.

          Thomas 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.

         Desmond 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.

         I. Background Proceedings

         Chretien 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.

         Within 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.

         Within 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.

          Less 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.[1] Chretien appealed.

         II. Analysis

         A. Fixed Policy, Single ...


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