from the Iowa District Court for Cerro Gordo County, Gregg R.
Rosenbladt (guilty plea), Colleen D. Weiland (objections to
PSI), and James M. Drew (sentencing), Judges.
defendant appeals the sentence imposed following his
conviction for serious injury by vehicle.
Christopher R. Kemp of Kemp & Sease, Des Moines, for
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Horst pled guilty to serious injury by motor vehicle, in
violation of Iowa Code section 707.6A(4) (2016). Horst
appeals the sentence the court imposed, asserting the court
considered unproven facts contained in the presentence
investigation report and improperly relied on just the
community deterrence factor in determining not to suspend his
sentence. Finding no abuse of discretion, we affirm
Background Facts and Proceedings.
texting and driving, Horst struck a bicyclist with his car,
causing the bicyclist to suffer a skull fracture. There were
allegations in the police reports and minutes that Horst was
under the influence of methamphetamine at the time of the
incident, but at the time of the guilty plea, Horst denied
those allegations, pleading to the reckless-driving
alternative to the crime of serious injury by motor vehicle.
See Iowa Code § 707.6A(1), (2), (4) (defining
the class "D" felony as unintentionally causing
serious injury to another by operating a motor vehicle if the
vehicle is driven in a manner described in subsection
(1)-driving while intoxicated-or subsection (2)-driving
"in a reckless manner with willful or wanton disregard
for the safety of persons or property" or eluding law
Rosenbladt accepted the guilty plea and ordered a presentence
investigation (PSI) report. At the time set for sentencing,
Horst, through counsel, objected to Judge Weiland's
consideration of the PSI because it contained large portions
of the minutes that included the unadmitted allegations of
drug use. In response to defense counsel's objections,
Judge Weiland continued the sentencing hearing and ordered a
revised PSI report prepared. At the second sentencing
hearing, defense counsel again objected to information
contained in the newly filed PSI addendum that included
improper information. Judge Drew agreed defense counsel's
objections were "well placed" and agreed it would
"not consider those matters." After hearing the
sentencing recommendations from the State-a five-year prison
term-and defense counsel-a suspended sentence with
probation-and affording Horst his right to allocution, Judge
Drew imposed a five-year term of imprisonment and suspended
Scope and Standard of Review.
review of a sentence imposed in a criminal case is for the
correction of errors at law. State v. Formaro, 638
N.W.2d 720, 724 (Iowa 2002). "[T]he decision of the
district court to impose a particular sentence within the
statutory limits is cloaked with a strong presumption in its
favor, and will only be overturned for an abuse of discretion
or the consideration of inappropriate matters."