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State v. Tensley

Court of Appeals of Iowa

March 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
DAVID J. TENSLEY, Defendant-Appellant.

          Appeal from the Iowa District Court for Scott County, Stuart P. Werling (guilty plea) and Nancy S. Tabor (sentencing), Judges.

         Defendant appeals his conviction and sentence for forgery.

          Lauren M. Phelps, Davenport, for appellant.

          Thomas 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.

          BOWER, Judge.

         David 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.

         I. Background Facts & Proceedings

         Tensley 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."[1] 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.

         At the 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.

         The 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 ...

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