from the Iowa District Court for Marshall County, James C.
appeals his convictions and sentences for second-degree
burglary, stalking, and tampering with a witness. AFFIRMED.
Aron Vaughn of Kaplan & Frese, L.L.P., Marshalltown, for
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Vogel, P.J., and Tabor and Bower, JJ.
Graw appeals his convictions and sentences for second-degree
burglary, stalking while subject to a protective order, and
tampering with a witness. We find the district court did not
abuse its discretion by determining Graw should serve
consecutive prison sentences. We affirm Graw's
convictions and sentences.
Background Facts & Proceedings
to the minutes of testimony, Graw's former girlfriend,
Tara, obtained a no-contact order against him. Graw continued
to contact Tara and threatened her. One night, while Tara was
staying with her sister, Rita, Graw broke into Rita's
home and yelled at Tara. Graw pushed Tara's mother,
Jolene, out of the way, injuring her, as he ran out of the
home. Graw was charged with first-degree burglary, being a
prohibited person in possession of ammunition, stalking while
subject to a protective order, and assault causing bodily
Graw was released from jail, he sent a text message to Tara
stating, "U are going to get what you have coming . . .
." Tara perceived the message as a threat. Graw was
additionally charged with tampering with a witness.
entered into a plea agreement in which he agreed to plead
guilty to burglary in the second degree, in violation of Iowa
Code section 713.5 (2016), a class "C" felony;
stalking while subject to a protective order, in violation of
section 708.11(3)(b)(1), a class "D" felony; and
tampering with a witness, in violation of section 720.4, an
aggravated misdemeanor. In exchange, the State agreed to
dismiss the other charges against him. The district court
accepted Graw's guilty plea.
sentencing hearing, the State recommended Graw be sentenced
to prison terms of ten years, five years, and two years, to
be served consecutively, noting the case involved three
separate crimes. Graw asked to receive suspended sentences
and to be placed on probation. The presentence investigation
report recommended Graw be sent to prison. Graw's
criminal history showed he had three previous convictions for
operating while intoxicated, a conviction for third-degree
burglary, and a conviction for possession of a controlled
substance. He had been placed on probation for these
offenses. Graw was forty-six years old, was unemployed, and
has a history of substance abuse.
district court considered all of these factors. The court
specifically noted Graw's lack of remorse and his failure
to obey court orders. The court sentenced Graw to a term of
imprisonment not to exceed ten years on the charge of
second-degree burglary, five years on the charge of stalking,
and two years on the charge of tampering with a witness, to
be served consecutively. The court stated Graw was "an
individual who simply will not accept responsibility and will
not-will not make any effort-any noticeable effort, and
detectable effort to change his conduct." The court
found the case involved different violations and different
victims. Graw appeals his convictions and sentence.