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.

Taft v. Iowa District Court for Monroe County

Court of Appeals of Iowa

March 7, 2018

JOSHUA ALLEN TAFT, Plaintiff-Appellant,
v.
IOWA DISTRICT COURT FOR MONROE COUNTY, Defendant-Appellee.

         Appeal from the Iowa District Court for Monroe County, Annette J. Scieszinski, Judge.

         Plaintiff filed a petition for writ of certiorari, challenging his special sentence under Iowa Code section 903B.1 (2007). WRIT ANNULLED.

          Monte M. McCoy of McCoy Legal Services, Centerville, 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

         Joshua Taft filed a petition for writ of certiorari, challenging his special sentence under Iowa Code section 903B.1 (2007). Taft has not shown (1) the special sentence of lifetime parole is facially cruel and unusual, (2) the sentence is grossly disproportionate to the offense, or (3) the sentence violates double jeopardy. We find the district court did not act illegally and annul the writ of certiorari.

         I. Background Facts & Proceedings

         On October 13, 2008, Taft pleaded guilty to sexual abuse in the third degree, in violation of section 704.4(2)(c)(4), a class "C" felony. The district court sentenced him to a term of imprisonment not to exceed ten years. The judgment entry also provided:

IT IS FURTHER ORDERED that the defendant is committed to the custody of the director of the Iowa Department of Corrections for the rest of his life, pursuant to Section 903B.1, Code of Iowa, with eligibility for parole as provided in Chapter 906. The special sentence shall commence upon completion of the sentence imposed for the underlying criminal offense, and the defendant shall begin the sentence under supervision as if on parole.

         Taft did not appeal his conviction.

         On May 4, 2016, Taft filed a motion to correct an illegal sentence, claiming the special sentence under section 903B.1 was unconstitutional because it constituted cruel and unusual punishment, the sentence was grossly disproportionate to the offense, and it amounted to double jeopardy. After a hearing, the district court denied Taft's motion, finding Taft had not shown his sentence was illegal. Taft filed a petition for writ of certiorari, which the Iowa Supreme Court granted.[1]

         II. Standard of Review

         Our review of a constitutional challenge to a sentence is de novo. State v. Sweet, 879 N.W.2d 811, 816 (Iowa 2016). "In our review, we independently evaluate the totality of the circumstances as evidenced by the whole record." State v. Simpson, 587 N.W.2d 770, 771 (Iowa 1998). "The court may ...


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.