from the Iowa District Court for Scott County, Stuart P.
Werling (guilty plea) and Nancy S. Tabor (sentencing),
appeals his conviction and sentence for forgery.
M. Phelps, Davenport, for appellant.
J. Miller, Attorney General, and Darrel Mullins, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
Tabor, J., takes no part.
Tensley appeals his conviction and sentence for forgery. We
find the district court did not abuse its discretion in
sentencing Tensley to a term of imprisonment not to exceed
five years, rather than placing him on probation. We affirm
the decision of the district court.
Background Facts & Proceedings
was charged with Count I, forgery and being a habitual
offender and Count 2, third-degree theft. The State alleged
Tensley had drawn a check for $850 using a stolen check. He
entered into a plea agreement, which stated, "The
Defendant to plead guilty to Count I without habitual
offender status. State to dismiss Count 2 with cost to
Defendant." The district court accepted Tensley's
guilty plea to forgery, in violation of Iowa Code section
715A.2(2)(a) (2016), a class "D" felony.
sentencing hearing, the State noted the presentence
investigation report recommended a term of imprisonment for
Tensley, and the State concurred in that recommendation.
Tensley requested to be placed on probation. He pointed out
he had an associate's degree and could be a productive
member of society. Tensley stated he took full responsibility
for his actions and apologized.
court sentenced Tensley to a term of imprisonment not to
exceed five years. The court stated:
Well, I've had an opportunity to review the presentence
investigation report and review the history of this case, and
the-I appreciate you apologizing for your behavior.
You've got a long, long history of being involved in the
criminal justice system, and, frankly, you've had about
every kind of sentencing option and rehabilitation option
that we have to offer here.
You've had state prison time. You've had federal
prison time. You've had [residential correctional]
facilities, work release, and you're back here before me
again, and I'm concerned that somebody who's had ...