from the Iowa District Court for Webster County, Angela L.
Doyle, District Associate Judge.
Smith appeals his convictions following guilty pleas to the
charges of indecent contact with a child and failure to
comply with the sex offender registry.
Moore of Mid-Iowa Mediation and Law PLLC, Ames, for
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
Smith pled guilty to indecent contact with a child and
failure to comply with the sex offender registry. On appeal,
he claims he did not voluntarily or knowingly waive his right
of allocution and the district court failed to advise him
that his right must be exercised upon inquiry or it would
otherwise be waived. He also contends the district court
abused its discretion by imposing an excessive sentence by
ordering consecutive prison sentences.
Background Facts and Prior Proceedings
April 28, 2017, Smith was charged by trial information with
failure to comply with the sex offender registry, an
aggravated misdemeanor, in violation of Iowa Code sections
692A.104, .108, and .111 (2017). The requirement to register
stemmed from Smith's conviction on December 12, 2016, of
indecent exposure. On May 15, 2017, Smith was also charged by
trial information with indecent contact with a child, an
aggravated misdemeanor, in violation of Iowa Code section
709.12(1)(b) based upon an incident occurring on or about
June 25, 2016, in which Smith allegedly touched the clothing
covering the immediate area of the buttock of a child while
at a Wal-Mart.
20, Smith filed signed written guilty pleas in each case. The
guilty plea forms do not specifically detail the entirety of
the plea agreement. However, each written plea agreement
noted that Smith would be sentenced to a prison term of two
years on each charge, to be served concurrently. On June 26,
Smith filed a letter addressed to the court asking for
leniency in which he described his home life with his
girlfriend and daughter as well as his previous work
31, a plea and sentencing hearing was held during which the
court acknowledged that it had received Smith's written
guilty pleas in each of the cases. Because of the nature of
the charges, the court held a guilty-plea colloquy in open
court. The State detailed the plea agreement on the record
and stated the parties both recommended that Smith serve two
indeterminate two-year prison terms for the aggravated
misdemeanors, to be served concurrently, associated fines and
surcharges would be suspended, and Smith would be required to
register as a sex offender for the remainder of his life.
thorough plea colloquy and before accepting Smith's plea,
the court explained to Smith that it was not required to
sentence him as agreed to by the parties and could impose
consecutive sentences. The court asked him several times if
he still wished to plead guilty, to which Smith responded in
the affirmative and acknowledged that he understood.
accepting Smith's guilty plea, the court proceeded with
immediate sentencing, per Smith's request, and sentenced
Smith to an indeterminate two-year prison term for each count
to be served consecutively. Smith was also sentenced to a
ten-year special sentence ...