from the Iowa District Court for Des Moines County, Emily S.
Dean, District Associate Judge.
Murillo challenges his sentence for absence from custody.
William Monroe of Law Office of William Monroe, Burlington,
J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., and Tabor and McDonald, JJ.
Murillo pled guilty to absence from custody, in violation of
Iowa Code section 719.4(3) (2016), a serious
misdemeanor. 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.
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.
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.
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.
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).
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.
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.
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 ...