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State v. Rook

Court of Appeals of Iowa

September 27, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
STACY LEIGH ROOK, Defendant-Appellant.

         Appeal from the Iowa District Court for Tama County, Mary E. Chicchelly, Judge.

         The defendant appeals from the district court's order revoking the defendant's deferred judgment.

          Thomas M. McIntee of Waterloo, for appellant.

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

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          POTTERFIELD, JUDGE.

         I. Background Facts and Proceedings.

         On 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.

         On 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 occasions.

         A June 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.

         Rook 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.

         On 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 understand that?
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 ...

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