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State v. McMurry

Court of Appeals of Iowa

September 27, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
QUINTEN BRICE MCMURRY, Defendant-Appellant.

         Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.

         Quinten McMurry appeals from judgments and sentences entered following his pleas of guilty to child endangerment and false report of an incendiary device. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Tabor and McDonald, JJ.

          DANILSON, CHIEF JUDGE.

         Quinten McMurry appeals from judgments and sentences entered following his plea of guilty to child endangerment, and subsequent revocation of his deferred judgment and probation due to a later plea of guilty to false report of an incendiary device, which he stipulated was a violation of his probation.

         I. Background Facts and Proceedings.

         In January 2016, the district court accepted McMurry's written plea of guilty to child endangerment (FECR028439), deferred judgment, and placed McMurry on probation.

         In June 2016, McMurry was charged with false report of an incendiary device, threats, and first-degree harassment (FECR029413). The State moved to dismiss the harassment charge in the interests of justice. On the day of trial, McMurry and the State reached a plea agreement in which he would enter an Alford plea to false report of an incendiary device and the State would dismiss the threats charge. After entering his plea, McMurry stipulated that his conviction for false report of an incendiary device was a violation of his earlier probation.

         On October 3, 2016, McMurry was sentenced in both cases. With respect to the false report of an incendiary device, the State recommended a five-year suspended prison sentence, two years supervised probation, a fine, plus surcharge and court costs, and "that counts II and III be dismissed with costs to Mr. McMurry." McMurry sought a deferred judgment and community-based probation. The court imposed and suspended a five-year indeterminate prison term and two years' probation. The court also stated:

You're to pay the minimum fine of $750, plus the statutory surcharge and court costs. You're also ordered restitution. I don't know if there is going to be any restitution as to the incident. Further, you're to provide the DNA sample, continue with mental health and substance abuse counseling. You're to pay court costs, costs for court-appointed attorney.
Further, you're to attend the program at the Fort Des Moines Correctional Facility until you attain maximum benefits. I looked in the presentence investigation. I did not see anything that says that you were not qualified for that program. If you're not qualified for that program, then the Court, by an amendment to the judgment entry, will delete that provision, but you're to attend that program at the ...

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