from the Iowa District Court for Polk County, Thomas W. Mott,
defendant appeals her sentence after pleading guilty to theft
in the third degree. AFFIRMED.
C. Abbott of Abbott Law Office, P.C., Waterloo, for
J. Miller, Attorney General, and Darrel Mullins, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Gines appeals her sentence following a guilty plea to
third-degree theft in violation of Iowa Code section 714.2(3)
(2017). On appeal, Gines argues the court abused its
discretion in failing to consider mitigating factors. We find
the sentencing court did not abuse its discretion and affirm
the sentence imposed.
Background Facts and Proceedings.
stole $148 worth of clothing in June 2016. Gines was charged
with an aggravated misdemeanor, enhanced because of her theft
convictions in 2013 and 2014. At sentencing, the State
recommended ninety days in jail because of her criminal
history of thefts, and the court imposed a ninety-day
sentence. Gines has thirteen theft convictions dating back to
1986. Gines also has a conviction for simple assault and
assault with a weapon. She has served prison time and has
been under parole and probation supervision.
asked the court for a suspended sentence and probation. Gines
submitted letters from medical professionals documenting her
health problems, including chronic obstructive pulmonary
disease (COPD) and lung disease. Gines also submitted a
letter from her social worker stating Gines had attended
three appointments to work on kleptomania and mood issues and
intended to continue therapy.
its decision to sentence Gines to ninety days in jail, the
I'm sorry about your health conditions, Ms. Gines. I
think that if programs were going to successfully deal with
your theft activity- which is chronic, along with some other
criminal activity, but this one involves one more in a long
line of thefts-those programs would have worked already.
You've been exposed to a lot of opportunity.
If something is needed other than you resolving not to commit
theft anymore, then you would have-you would have taken
advantage of those.
Stealing is a voluntarily activity, even though there's a
lot of suggestion here that it's something beyond your
control. But I don't know that that's so. You
continually do it. If there-if it was a condition that needs
to be treated, that's been dealt with. If, as counsel
said, you succeeded on probation, that might mean that on
some of your probations or paroles you didn't get
revoked. All right. However, I don't think here your