Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brown

Court of Appeals of Iowa

November 22, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
TONJA ROJEAN BROWN, a/k/a TONJA ROJEAN HOLMES, a/k/a TONJA ROJEAN BROWN-HOLMES, Defendant-Appellant.

         Appeal from the Iowa District Court for Black Hawk County, Joseph M. Moothart, District Associate Judge.

         Defendant 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.

          Thomas J. Miller, Attorney General, and Sharon K. Hall, Assistant Attorney General, for appellee.

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

          BOWER, Judge.

         Tonja Brown, also known as Tonja Holmes or Tonja Brown-Holmes, [1]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.

         I. Background Facts & Proceedings

         On 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, [2] in violation of Iowa Code sections 234.13 and 714.11 (2011), an aggravated misdemeanor. The court accepted her guilty plea.

         Brown 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."

         The 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 supervision."

         A 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 on probation.

         The 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.

         II. Revocation of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.