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State v. Hauck

Court of Appeals of Iowa

September 13, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
BRETT AARON HAUCK, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.

         A defendant seeks discretionary review of the requirement he participate in sex offender treatment as part of his probation.

          Adam D. Zenor of Grefe & Sidney, P.L.C., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Kevin Cmelik, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., Bower, J., and Scott, S.J. [*]

          SCOTT, Senior Judge.

         Brett Hauck sought discretionary review of the conditions imposed upon him as part of his probationary sentence following his guilty plea to assault causing bodily injury or mental illness. See Iowa Code § 708.2(2) (2015). Following Hauck's guilty plea, the district court deferred the imposition of judgment and placed Hauck on probation for one year, imposing the requirement that he complete sex offender treatment. On appeal Hauck claims (1) the court abused its discretion in imposing treatment absent a finding of fact that the assault offense was sexually motivated, (2) sex offender treatment and the related conditions violate his constitutional rights, and (3) his guilty plea was not knowing and voluntary because the court failed to inform him of the possibly of the imposition of sex offender treatment.[1]

         I. Background Facts and Proceedings.

Hauck was initially charged with assault with the intent to commit sexual abuse, but he reached a plea agreement with the State to plead guilty to the lesser offense of assault causing bodily injury or mental illness, and the State agreed not to resist his request for a deferred judgment. The written guilty plea form provided:
In order to establish a factual basis I ask the court to accept as true the minutes of testimony, the date of the offense is 9/18/15 and I admit I did the following: made physical contact with [the victim] which was insulting or offensive and resulted in depression and/or anxiety.

         In the minutes of testimony, the victim asserted Hauck grabbed [her] groin, fingers touching [her] vagina with thumb on outside and squeezed, then moved [his] hand forward and touch [her] clitoris with his fingers and rubbed in a slightly circular, up and down motion. [She] was in complete shock and couldn't fathom what was happening to defend [her]self or say anything. He took a few steps forward and turned around and smiled/laughed.

         The minutes also contain a police report of Hauck's interview, where he asserted he did not touch the victim's groin but simply poked her in the stomach with his finger.

         At the time the court accepted the guilty plea, it ordered a sex offender evaluation through the department of correctional services. No objection was made to this order. Prior to sentencing, Hauck's counsel filed a memorandum that argued the court should grant Hauck a deferred judgment and challenged the court's consideration of the sex offender evaluation. At sentencing, the court granted Hauck a deferred judgment, placed him on probation for one year, and also ordered him to complete sex offender treatment based on the recommendation of the sex offender evaluation. Hauck applied for discretionary review. The supreme court granted the application and stayed the district court proceedings pending the resolution of this appeal.

         II. Scope and ...


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