from the Iowa District Court for Black Hawk County, Joseph M.
Moothart, District Associate Judge.
appeals the district court decision revoking her deferred
judgment and probation and sentencing her on a conviction for
third-degree fraudulent practice. AFFIRMED IN PART,
VACATED IN PART, AND REMANDED WITH DIRECTIONS.
Zachary S. Hindman of Mayne, Arneson, Hindman, Hisey &
Daane, Sioux City, for appellant.
J. Miller, Attorney General, and Sharon K. Hall, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
Brown, also known as Tonja Holmes or Tonja Brown-Holmes,
appeals the district court ruling revoking
her deferred judgment and probation, and entering a
conviction for third-degree fraudulent practice. We find the
district court did not abuse its discretion in revoking
Brown's deferred judgment and probation or in sentencing
her to twenty days in jail. We vacate the portion of
Brown's sentence relating to a fine of $625 and remand to
the district court only on this issue. We affirm the decision
of the district court on all other issues raised on appeal.
Background Facts & Proceedings
August 3, 2012, Brown was charged with fraudulent practice in
the second degree. The State alleged she made false
statements in order to obtain food stamps from the Iowa
Department of Human Services (DHS). Brown entered into a plea
agreement, and on July 25, 2014, entered an Alford
plea to fraudulent practice in the third degree,
violation of Iowa Code sections 234.13 and 714.11 (2011), an
aggravated misdemeanor. The court accepted her guilty plea.
was given a deferred judgment and placed on probation for a
period of two years. She was ordered to pay a Law Enforcement
Initiative (LEI) surcharge of $125, restitution, and court
costs. A civil penalty of $625 was imposed but then
suspended. The deferred judgment order provided,
"Defendant may provide community service hours to pay
fees and restitution." It also stated, "The
Defendant is ordered to pay victim restitution and the
Defendant may request a restitution hearing if the amount due
is in dispute."
State provided notice the losses incurred by DHS were $2408.
Brown signed an agreement to pay twenty-five dollars per
month toward her obligations, beginning September 30, 2014.
The court also approved the restitution plan, stating Brown
was ordered to "comply with the terms of said plan and
that the same is made a condition of the offender's
report of a probation violation was filed on June 17, 2016,
claiming Brown had violated the terms of her probation
because she had not made any payments as required by the
restitution plan or paid a Judicial District Department of
Correctional Services enrollment fee of $300. The State
recommended Brown serve thirty days in jail. At the probation
revocation hearing, Brown admitted she had violated the terms
of her probation. She disputed the underlying facts of her
conviction and the amount due to the DHS. She asked to remain
district court stated, "A probation revocation hearing
is not the time or the place to collaterally attack the
validity of an underlying deferred judgment or plea of
guilty." The court told Brown to request a restitution
hearing if she contested the amount of restitution. The court
revoked Brown's deferred judgment and probation and found
her guilty of third-degree fraudulent practice. Brown was
sentenced to twenty days in jail, with work release, a LEI
surcharge of $125, court costs, restitution, and attorney
fees. The court ordered her to pay a fine of $625 but then
suspended the fine. Brown was ordered to begin paying fifty
dollars per month on her obligations, beginning January 1,
2017. Brown now appeals the revocation of her deferred
judgment and sentence.
Revocation of ...