from the Iowa District Court for Story County, Steven P. Van
Marel, District Associate Judge.
criminal defendant appeals his sentence after pleading guilty
to the offense of driving while barred.
Smith of Shawn Smith Attorney at Law, P.L.L.C., Ames, for
J. Miller, Attorney General, and Sheryl A. Soich, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and
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.
Background Facts and Proceedings.
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
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
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. 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
Mr. Chairse, I am going to order this sentence to be served
consecutively, not concurrently. It ...