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. Murillo

Court of Appeals of Iowa

February 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JOSE ANTONIO MURILLO, Defendant-Appellant.

         Appeal from the Iowa District Court for Des Moines County, Emily S. Dean, District Associate Judge.

         Jose Murillo challenges his sentence for absence from custody.

          William Monroe of Law Office of William Monroe, Burlington, for appellant.

          Thomas J. Miller, Attorney General, and Thomas J. Ogden, Assistant Attorney General, for appellee.

          Considered by Doyle, P.J., and Tabor and McDonald, JJ.

          DOYLE, PRESIDING JUDGE.

         Jose Murillo pled guilty to absence from custody, in violation of Iowa Code section 719.4(3) (2016), a serious misdemeanor.[1] The district court sentenced him to serve a term of one year in the Des Moines County Jail. In this appeal, Murillo challenges the legality of his sentence, contending the district court was required, under Iowa Code section 901.8, to sentence him to confinement at the Burlington Residential Correctional Facility. Because Murillo's argument is fatally flawed, we affirm.

         In December 2015, the Iowa District Court for Louisa County granted Murillo a deferred judgment for the offense of possession with intent to deliver less than fifteen kilograms of marijuana and placed him on probation. On November 28, 2016, the Louisa County district court ordered that Murillo be placed at the Burlington Residential Correctional Facility, located in Des Moines County and operated by the Eighth Judicial District Department of Correctional Services. Murillo entered the facility on December 1, 2016. On December 3, 2016, Murillo requested a three-hour recreational furlough to see his daughter. The request was approved. Murillo signed out of the facility and never returned.

         On December 5, 2016, a criminal complaint was filed in the Iowa District Court for Des Moines County accusing Murillo of the crime of being absent from custody, in violation of Iowa Code section 719.4(3), and a warrant for his arrest was issued.

         On December 22, 2016, a report of violation of probation was filed in the Louisa County district court. Murillo was present at the March 24, 2017 hearing held on the matter. Murillo admitted violating two rules as alleged in the report, and the court found Murillo did violate his probation. The court subsequently convicted Murillo of the possession offense and sentenced him to the custody of the Iowa Department of Corrections (IDOC) for a term not to exceed five years. The court suspended the sentence and placed Murillo on probation under the supervision of the Eighth Judicial District Department of Correctional Services for a period of five years. As a special condition of probation, the court ordered Murillo to reside at a residential correctional facility operated by the Eighth Judicial District Department of Correctional Services for a period of 365 days or until maximum benefits had been achieved. Furthermore, the court ordered that Murillo remain at the Louisa County Jail until bed space became available at the residential correctional facility.

         Four days later, on March 28, 2017, Murillo was transported to the Des Moines County Jail and booked for the absence-from-custody offense. His initial appearance was held the next day. The court ordered that Murillo post a $5000 cash bond before he could be released from jail. On April 4, 2017, a trial information was filed in the Des Moines County district court charging Murillo with the crime of absence from custody, in violation of Iowa Code section 719.4(3).

         On April 18, 2017, the court entered an order continuing the pretrial conference. The order indicates, "[Murillo] is incarcerated, and [his counsel] shall go to the jail to meet with him." On April 20, Murillo filed a written plea of guilty to the absence-from-custody charge.

         Sentencing was scheduled and held on May 5, 2017. At sentencing, Murillo was convicted of the crime of absence from custody and, relevant to this appeal, was sentenced to serve a term of one year in the Des Moines County Jail, less time served. The sentence was ordered to run consecutive to the sentence imposed in the Louisa County matter.

         Murillo now appeals, arguing his jail sentence is illegal because Iowa Code section 901.8 requires that his sentence for escape be served at the Burlington Residential Correctional Facility, not the Des Moines County Jail. A challenge to an illegal sentence may be raised at any time. See State v. Louisell, 865 N.W.2d 590, 595 (Iowa ...


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.