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. Pierce

Court of Appeals of Iowa

January 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JORDAN PIERCE, Defendant-Appellant.

         Appeal from the Iowa District Court for Scott County, Mark D. Cleve (sentencing) and Joel W. Barrows (probation revocation), Judges.

         A defendant sentenced to prison for theft and assault challenges the revocation of his deferred judgment, the sentencing process, and his counsel's performance.

          Mark C. Smith, Appellate Defender, and Stephan J. Japuntich, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Kelli A. Huser, Assistant Attorney General, for appellee.

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

          TABOR, JUDGE.

         After pleading guilty plea to theft in the first degree and assault resulting in bodily injury, Jordan Pierce received a deferred judgment. Pierce repeatedly violated the terms of his probation, eventually resulting in the revocation of his deferred judgment and the imposition of a prison sentence. Pierce now contests his convictions and sentences, claiming the district court failed to give proper reasons for revoking probation and imposing a prison term, failed to consider mitigating circumstances, and denied Pierce's right to allocution. Pierce also claims his counsel was remiss in not challenging the State's alleged breach of the plea agreement.

         Because we find no error in the district court's handling of the probation revocation and sentencing hearing and no deficiency in defense counsel's performance, we affirm.

         I. Facts and Prior Proceedings

         In September 2014, Pierce confronted a pedestrian on a Davenport street, assaulted him, and took his cell phone and Bluetooth headset. The victim told police Pierce was displaying a knife during the encounter. The State charged Pierce with four counts: robbery in the first degree, theft in the first degree, assault while displaying a weapon, and assault resulting in injury. Pierce's plea bargain allowed him to plead guilty to first-degree theft, in violation of Iowa Code section 714.2(1) (2014), and assault resulting in injury, in violation of Iowa Code section 708.2(2), while the State agreed to dismiss the robbery and assault-while-displaying-a-weapon counts. The State agreed to make no recommendation as to sentencing.

         At an April 24, 2015 sentencing hearing, the court granted Pierce a deferred judgment and placed him on probation at a residential correctional facility. Just four months later, the judicial department of correctional services filed a probation violation report against Pierce involving problems with his assigned employer. The district court found Pierce in contempt but did not revoke his probation. Then in April 2016, the State applied to revoke Pierce's probation after he engaged in a series of disruptive activities at the residential facility. In June 2016, the district court declined to revoke Pierce's deferred judgment but again held him in contempt.

         In January 2017, Pierce's probation officer filed another report of violations, alleging Pierce had not secured full-time employment, made only one monthly $10 fine payment, used Xanax without a prescription, tested positive for THC after consuming a marijuana brownie at a party, and pleaded guilty to disorderly conduct. At an April 6, 2017 hearing, Pierce stipulated to violating those terms of probation. Noting Pierce had already been held in contempt twice and had already been placed at the residential correctional facility, the court commented, "No one wanted to get to this point, but here we are." The court revoked Pierce's deferred judgment and imposed judgment and sentence. The court sentenced Pierce to an indeterminate ten-year term for the theft offense and a 364-day term for the assault to run concurrently. Pierce appeals the judgment and sentences.

         II. Scope and Standards of Review

         We review the revocation of probation for an abuse of discretion. State v. Kirby, 622 N.W.2d 506, 508 (Iowa 2001). We review sentencing proceedings for the correction of legal error. State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002). But "[w]e will not reverse the decision of the district court ...


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.