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State v. Broughton

Court of Appeals of Iowa

December 20, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
MONESHA LASHAY BROUGHTON, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Carol L. Coppola, District Associate Judge.

         A defendant appeals the sentences imposed following her convictions for operating while intoxicated and child endangerment.

          Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl A. Soich, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Tabor and Bower, JJ.

          VOGEL, PRESIDING JUDGE.

         Monesha 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).

         During 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."

         The 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 sentences:

[√] The nature and circumstances of the crime
[ ] Statutory sentence requirements
[ ] Victim impact statement
[√] Protection of the public from further ...

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