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State v. Ihlenfeldt

Court of Appeals of Iowa

January 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
NICHOLAS T. IHLENFELDT, Defendant-Appellant.

         Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.

         A defendant appeals his deferred judgment revocation and the sentence imposed on him for third-degree sexual abuse.

          Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellant.

          Thomas 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.

         Nicholas 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.

         I. Background Facts and Proceedings.

         In 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.

         In 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.

         A 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 appeals.

         II. Standard of Review.

         A 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 2002).

         III. Deferred ...


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