from the Iowa District Court for Tama County, Mary E.
defendant appeals from the district court's order
revoking the defendant's deferred judgment.
M. McIntee of Waterloo, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Background Facts and Proceedings.
September 23, 2014, Stacy Rook was charged by trial
information with the following: (1) conspiracy to
manufacture, deliver, or possess methamphetamine (five grams
or less); (2) possession of pseudoephedrine as a precursor
with intent to manufacture, sell, distribute; (3) possession
of lithium as a precursor with intent to manufacture, sell,
distribute; and (4) possession of ether as a precursor with
intent to manufacture, sell, distribute. All counts were in
violation of Iowa Code section 124.401 (2014). Rook pleaded
guilty to possession of pseudoephedrine, and the remaining
charges were dropped. At sentencing, Rook received a deferred
judgment and probation for a period of two years. Rook's
conditions of probation required her to abstain from the use
or possession of illegal drugs or drug paraphernalia and
submit to urinalysis or breathalyzer testing upon the request
of a probation officer.
March 24, 2016, the Department of Correctional Services (DCS)
filed a report of probation violations by Rook. The report
detailed several violations of Rook's probation,
including three incidents where Rook tested positive for
illegal substances between August 2015 and January 2016. The
report also stated that Rook admitted to her probation
officer that she had used illegal substances on several
DCS report outlined additional probation violations by Rook.
The supplemental report indicated Rook failed to submit to a
random drug test in April. Additionally, in May, Rook missed
a scheduled appointment, tested positive for methamphetamine,
and was charged with simple assault. In June, High Risk Unit
officers located drug paraphernalia at Rook's residence.
began inpatient substance-abuse treatment with the Department
of Veteran Affairs (VA) in August 2016, and she was
discharged in October. Rook also participated in outpatient
substance-abuse treatment through the VA. However, in
December, DCS filed an additional report of probation
violations detailing incidents where Rook tested positive for
methamphetamine and failed to appear for a random drug test.
December 6, the State filed an application for adjudication
of guilt and sentencing. As part of its application, the
State filed a letter from Rook's clinical social worker
explaining Rook's substance-abuse diagnoses and treatment
through the VA. The matter came on for a hearing on December
22, and counsel represented Rook. Rook stipulated to each of
the allegations in the application. The court engaged in the
following colloquy with Rook:
THE COURT: So I need to inform you of your rights before I
can accept the stipulation. I need to make sure that you
understand your rights that you have with the regard to the
State's applications. You have a right to a hearing on
the State's applications, all of them, not just the first
one, but all three of the supplemental applications. Do you
MS. ROOK: Yes, ma'am.
THE COURT: You also have a right to ask questions of the
State's witnesses that they would present in supporting
their applications and ask questions of your own witnesses
and subpoena witnesses to testify on your behalf. Do you
understand that you ...