to the Iowa District Court for Scott County, Marlita A.
filed a petition for writ of certiorari, claiming he received
an illegal sentence.
Blair III of Blair & Fitzsimmons, P.C., Dubuque, for
J. Miller, Attorney General, and Sharon K. Hall, Assistant
Attorney General, for defendant.
Considered by Vogel, P.J., Potterfield, J., and Goodhue, S.J.
GOODHUE, SENIOR JUDGE.
Jefferson appealed from the denial of his motion to correct
an illegal sentence. By order of the supreme court filed
September 1, 2015, all files in this matter are to be
considered as a petition for a writ of certiorari. The
request for the writ is denied.
Jefferson pled guilty to a charge of sexual abuse in the
third degree. The charge was based on a sexual assault of a
fourteen-year-old female when he was twenty-one years old.
There was some procedural confusion prior to sentencing that
is not relevant to this proceeding, but eventually, on
November 13, 2008, Jefferson was sentenced to ten years in
prison and the special lifetime probation as required by Iowa
Code section 903B.1 (2007) was imposed.
filed an appeal claiming his plea was not voluntarily entered
and his conviction was affirmed on appeal. See State v.
Jefferson, No. 07-1730, 2008 WL 4531454, at *2-3 (Iowa
Ct. App. Oct. 1, 2008). He later filed a
postconviction-relief application, but again, his requested
relief was denied. See Jefferson v. State, No.
11-1039, 2012 WL 1860782, at *2 (Iowa Ct. App. May 23, 2012).
Jefferson was discharged from prison in late 2011 and began
his special lifetime probation. Jefferson violated his parole
twice and, on the second violation, was sentenced to prison
for a period of five years.
filed two motions requesting correction of an illegal
sentence and an amendment to his second motion. In them, he
claimed the lifetime probation was the result of an illegal
bill of detainer, in violation of the equal protection,
separation of powers, and ex post facto prohibitions; was
void for vagueness; was in violation of the First, Fifth,
Ninth, and Fourteenth Amendments of the United States
Constitution; and was in violation of the Constitution of the
State of Iowa. On appeal, his claim was reduced to a
challenge to the lifetime probation as being in violation of
the prohibition against cruel and unusual punishment
contained in both the Iowa and United States Constitutions.
filed a request for appointment of counsel at the trial court
level, but his request was denied. His claim that the
lifetime sentence was constitutionally prohibited was
summarily dismissed. The only reason given for the dismissal
was that the sentence was statutorily required. Jefferson
filed a petition for writ of certiorari, claiming the
lifetime probation is unconstitutional and the court further
erred in failing to explain the denial of his request in more
specific terms. He also asserts that the trial court erred in
failing to appoint counsel for him at the trial court level.
State does not contest error preservation either as to the
right to counsel or the illegality of sentence. Also, the
State concedes the matter is ripe for review. The State
correctly contends error has not been preserved to the extent
Jefferson claims the district court ruling was too general
and lacked specificity as to the reasons for the denial.
Jefferson did not file a request for an expanded ruling as
permitted by Iowa Rule of Civil Procedure 1.904(2). An issue