from the Iowa District Court for Polk County, Carol L.
Coppola, District Associate Judge.
defendant appeals the sentences imposed following her
convictions for operating while intoxicated and child
C. Smith, State Appellate Defender, and Melinda J. Nye,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Sheryl A. Soich, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Tabor and Bower, JJ.
Broughton was charged with operating while intoxicated (OWI),
first offense, and child endangerment. See Iowa Code
§§ 321J.2, 726.6 (2016). Broughton waived her right
to a jury trial and stipulated to a trial to the court on the
minutes. The court found Broughton guilty as charged.
Broughton asked for immediate sentencing and declined the
opportunity to address the court in mitigation of punishment.
See Iowa R. Crim. P. 2.23(3)(d).
the sentencing portion of the hearing, defense counsel
informed the court that Broughton was not asking for a
deferred judgment. The court then stated, "So,
basically, we have a plea agreement, " and defense
counsel answered, "Yes."
court then sentenced Broughton "based on the plea
agreement" to two years in prison, with all but two days
suspended, and placed her on probation for one year. The
written sentencing order stated the court found the following
factors the most significant in determining Broughton's
[√] The nature and circumstances of the crime
[ ] Statutory sentence requirements
[ ] Victim impact statement
[√] Protection of the public from further ...