Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Chairse

Court of Appeals of Iowa

January 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
CLEOTHA CHAIRSE, Defendant-Appellant.

         Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.

         A criminal defendant appeals his sentence after pleading guilty to the offense of driving while barred.

          Shawn Smith of Shawn Smith Attorney at Law, P.L.L.C., Ames, for appellant.

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

          Considered by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.

          Potterfield, Judge.

         Cleotha Chairse appeals his sentence following a guilty plea to driving while barred, in violation of Iowa Code section 321.561 (2016). On appeal, Chairse claims the district court abused its discretion in failing to consider mitigating factors and ordering his sentence to run consecutively to another two-year sentence of incarceration previously imposed instead of concurrently. We find the district court did not abuse its discretion and affirm the sentence imposed.

         I. Background Facts and Proceedings.

         In March 2017, Chairse pled guilty to driving while barred. Both the prosecutor and Chairse requested his sentence be served concurrently with a two-year term already imposed for operating while intoxicated. The district court ordered Chairse's sentence to run consecutively. Regarding its decision to impose a consecutive term of imprisonment, the court stated:

Well, Mr. Chairse, the purpose of sentencing you here today is to do two things. It's meant to rehabilitate you and to protect our community from further offenses from you. I think what this sentence needs to do, Mr. Chairse, is to make you understand what the consequences are when you violate the laws of the State of Iowa and when you make poor decisions. I should not have to tell you that given your criminal record you should know that when you violate the law there are going to be serious consequences. You've been in prison a couple of times. You hadn't even been out of prison very long before you committed this offense. Mr. Chairse, you need to make a decision about what kind of a future you want to have; and if you don't want to spend your life in and out of jails and prisons, you need to change the way you make decisions because if you don't, the consequences are going to be severe.
Your criminal record now is so bad that you're not going to be given probation or breaks by any judges from now on. When you violate the law, you are going to probably receive the maximum sentence every time because you just apparently cannot learn that when you violate the laws of the State of Iowa or any other state, there are serious consequences. You either can't learn that or you don't care what the consequences are.
I hope, Mr. Chairse, that you want to be a productive member of your community. I hope that you want to be a good father. I hope that you want to go out there and have some success with your life. But until you change the way you make decisions, that's not going to happen.
Mr. Chairse, when you drove while barred this last time, you knew you were on parole.[1] You knew you'd been convicted of driving while barred before, and you knew there were going to be serious consequences and yet you drove anyway. You are going to receive a two-year prison term. There is just no question about that. The only question is, do I order this to be served concurrent or consecutive to the case where you're having-I am assuming you're having your parole revoked.
Mr. Chairse, I am going to order this sentence to be served consecutively, not concurrently. It ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.