from the Iowa District Court for Bremer County, Christopher
C. Foy, Judge.
defendant appeals his deferred judgment revocation and the
sentence imposed on him for third-degree sexual abuse.
C. Smith, State Appellate Defender, and Martha J. Lucey,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., McDonald, J., and Carr, S.J.
POTTERFIELD, PRESIDING JUDGE.
Ihlenfeldt appeals the judgment and sentence imposed upon him
for third-degree sexual abuse in violation of Iowa Code
section 709.4(2)(c)(4) (2013). He contends the district court
erred in revoking his deferred judgment and failing to comply
with Iowa Rule of Criminal Procedure 2.23 in imposing a
sentence. We affirm the district court's revocation of
deferred judgment but vacate Ihlenfeldt's sentence and
remand for resentencing.
Background Facts and Proceedings.
September 2014 Ihlenfeldt was charged with sexual abuse in
the third degree in violation of Iowa Code section
709.4(2)(c)(4). Ihlenfeldt pled guilty in March 2015 and was
granted a deferred judgment in August 2015. He was placed on
supervised probation for three to five years.
November 2016, Ihlenfeldt's probation officer filed a
probation-violation report alleging multiple violations:
Ihlenfeldt missed a treatment appointment, violated curfew,
and visited an adult bookstore. As a result, the State filed
an application to revoke probation. In December 2016, his
probation officer filed an addendum to her previous report,
alleging three additional violations: sexual contact with
another without permission from his probation officer,
allowing two people to stay with him for a few days without
permission, and three additional curfew violations.
hearing was held on the State's application to revoke
probation on January 23, 2017. Ihlenfeldt admitted the
probation violations. The State requested the court revoke
deferred judgment and sentence Ihlenfeldt to prison, while
Ihlenfeldt requested to be held in contempt and continue
probation. The court issued an order on January 25, 2017,
revoking Ihlenfeldt's deferred judgment. Later that day,
the court issued another order sentencing Ihlenfeldt to
prison for a term not to exceed ten years. Ihlenfeldt now
Standard of Review.
deferred-judgment-revocation decision is reviewed for
correction of errors at law. Iowa R. App. P. 6.907. The
decision to revoke probation as a result of a probation
violation is reviewed for an abuse of discretion. See
State v. Allen, 402 N.W.2d 438, 443 (Iowa 1987).
Regarding the sentence imposed, "[w]e will not reverse
the decision of the district court absent an abuse of
discretion or some defect in the sentencing procedure."
See State v. Formaro, 638 N.W.2d 720, 724 (Iowa