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State v. Six

Court of Appeals of Iowa

September 27, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
STEVEN WAYNE SIX, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.

         Steven Six appeals from the judgment and sentence imposed after he pled guilty to one charge of operating a vehicle without the owner's consent.

          Thomas M. McIntee, Waterloo, for appellant.

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

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          DOYLE, JUDGE.

         Steven Six appeals from the judgment and sentence imposed after he pled guilty to one charge of operating a vehicle without the owner's consent. He challenges whether a factual basis exists to support his plea and whether he entered the plea knowingly, intelligently, and voluntarily. We affirm his conviction and sentence.

         I. Background Facts and Proceedings.

         The State filed a trial information alleging Six committed the crime of operating a vehicle without the owner's consent, in violation of Iowa Code section 714.7 (2016). Six requested the State waive filing of the minutes of evidence, agreeing that the grounds for filing the trial information were contained in the preliminary complaint, which states:

On 5-1-16 a Ford truck was stolen from 11010 N.W. 123 St in rural Polk County. The truck was later recovered at a Quick Trip store at 1451 22 St in West Des Moines. The store provided security video that clearly showed a white male with grey hair drive the truck to the store, then exit the truck and go into the business. The video then showed the subject purchase some items and then leave the store, leaving the truck parked at the store.
A latex glove was found in the truck that did not belong to the owner of the truck. This latex glove was submitted to the Iowa State DCI lab for DNA testing. On 12-16-16 the DCI lab completed a report showing a DNA match to Steven Wayne Six. I then retrieved a driver's license photo for Mr. Six and compared it to the video from the Quick Trip store. It was clear the suspect in the video was Mr. Six.

         Six entered a written guilty plea to the charge of operating a vehicle without the owner's consent, waiving his right to a verbatim record of the plea proceedings. Six admitted that he "drove a truck without the permission of the owner" and agreed to a suspended sentence and to complete inpatient treatment.

         The court accepted Six's guilty plea. Six waived the time before sentencing and the presentence investigation report, asking for immediate sentencing. The court sentenced Six to be incarcerated for a period not to exceed two years, suspended the sentence, and ordered Six to complete the recommendations of the substance abuse evaluation. The court also fined Six "$625 plus surcharge[s]." Six appeals.[1]

         II. Scope and ...


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