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. Olofson

Court of Appeals of Iowa

February 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
THOMAS PATRICK OLOFSON, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan (stay of execution), District Associate Judge, and Donna L. Paulsen (sentencing, appeal bond), Judge.

         Thomas Patrick Olofson appeals the district court's sentence, the amount of his appeal bond, and the district court's denial of his motion for stay of execution.

          Seth J. Harrington of Harrington Law L.C., Clive, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.

          BOWER, Judge.

         Thomas Patrick Olofson appeals the district court's sentence, the amount of his appeal bond, and the district court's denial of his motion for stay of execution. We find the district court did not err in assessing court costs and the amount of the appeal bond was appropriate. We also find Olofson did not properly preserve the issue regarding his motion for stay of execution. Therefore, we affirm the district court, and dismiss the stay of execution claim.

         I. Background Facts and Proceedings

         In November 2016, Olofson was charged with possession of a controlled substance, third offense, in violation of Iowa Code section 124.401(5) (2016), and assault while participating in a felony, in violation of Iowa Code section 708.3. On May 2, 2017, Olofson pleaded guilty to possession of a controlled substance, second offense, and count two was dismissed. Olofson was sentenced to 180 days in jail, given credit for time served, fined $625 plus surcharges, and ordered to provide a DNA sample, and his driver's license was suspended for 180 days. The court also assessed court costs on the dismissed count and set an appeal bond at $2000.

         On May 22, Olofson timely appealed the district court's sentence. On May 27, he filed a motion for stay of execution of the fine and suspension. On May 30, the district court denied Olofson's motion.

         II. Standard of Review

         We review challenges to the legality of a sentence for errors at law. Kurtz v. State, 854 N.W.2d 474, 478 (Iowa Ct. App. 2014). We review the amount of an appeal bond for an abuse of discretion. See State v. Kellogg, 534 N.W.2d 431, 433 (Iowa 1995).

         III. Court Costs

         Iowa Code section 910.2(1) requires a defendant who pleads guilty to make restitution, including court costs. However, our supreme court has held a defendant cannot be held liable for court costs on dismissed charges unless, as part of the plea agreement, the defendant has agreed to do so. See State v. Petrie,478 N.W.2d 620, 622 (Iowa 1991). Olofson claims the only record made regarding the plea agreement read, "Plead to Count I; second offense-credit for time served, dismissed of Count II." This is not accurate. The document Olofson cites-the petition to plead guilty-also states, "I understand and agree to pay full restitution for all charged offenses including any counts of cases dismissed." Both Olofson and his trial attorney signed the ...


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.