from the Iowa District Court for Polk County, Gregory D.
Brandt (guilty plea) and William A. Price (sentencing),
District Associate Judges.
Rankin appeals the sentence imposed after he pled guilty to
the charge of reckless use of a firearm.
M. Carr of Carr & Wright, P.L.C., Des Moines, for
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., Bower, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
Rankin entered a written plea of guilty to the charge of
reckless use of a firearm on February 8, 2016. He requested a
deferred judgment, but the request was denied. Rankin
appeals. We affirm the sentence imposed.
Rankin entered his written plea, there was no agreement as to
his sentence, but the right to argue the appropriate sentence
was preserved. At the time of the plea, Rankin's counsel
alerted the court that Rankin would be requesting a deferred
judgment. The plea court advised Rankin and his counsel that
Rankin owed several hundred dollars of restitution, fines,
and court costs from other matters, and the payment of those
amounts would be helpful to Rankin at the time of sentencing.
was sentenced on April 8, 2016. He waived the reporting of
the sentencing. Rankin's counsel argued that Rankin had
made substantial payments on his back fines, court costs, and
restitution, and that Rankin was in fact eligible for a
deferred judgment. Rankin contends that, at sentencing, the
State had advised the court that he was not eligible to
receive a deferred sentence.
request for a deferred judgment was denied, and Rankin was
sentenced to a two-year sentence. The sentence was suspended,
and Rankin was placed on probation for two years. The court
also ordered Rankin to pay a $625 fine plus surcharge. The
court checked a form sentencing order indicating, among other
things, that it had considered Rankin's age, character,
criminal history, and substance-abuse history, the maximum
opportunity for rehabilitation, and the nature and
circumstances of the crime.
only record available for review is a reconstruction of the
record as permitted by Iowa Rule of Appellate Procedure
6.806, which the court filed on October 11, 2016. It states
that the court has no recollection of the State commenting on
Rankin's eligibility for a deferred judgment but recalls
Rankin's counsel stating Rankin was, in fact, eligible
and had made substantial progress in paying off the past-due
court-ordered financial obligations. It also states the court
had entered the sentence believing Rankin was, in fact,
eligible for a deferred judgment. The order settling the
record states the court denied the deferred judgment because
the court did not consider it appropriate under the
circumstances. Rankin admitted he had voluntarily discharged
a gun in a residential apartment when he was intoxicated and
attempted to hide from law enforcement when they arrived to
also contends he was current on his court-ordered fines,
court costs, and restitution at the time of sentencing, but
the settled record states that, on the date of the
sentencing, the court had checked the financial record on
EDMS and noted there still were sums due. Rankin filed a
record of his payments of fines, court costs, and restitution
that shows he has paid all court obligations except for
$28.52 due to the City of Des Moines. The report was obtained
from the online records of the Polk County Clerk of Courts
offices on August 15, 2016, and while it shows other fines
and costs paid in full, it does not say when they were paid
or what the status of the record was on April 8, 2016, the
date of sentencing. The list of fines and costs, as of August
15, 2016, indicates Rankin has a rather lengthy record of
Error Preservation and ...