from the Iowa District Court for Scott County, Mary E. Howes,
defendant appeals the district court order entering judgment
and sentence after his deferred judgment was revoked.
D. Tindal of Keegan and Farnsworth, Iowa City, for appellant.
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee.
Considered by Danilson, C.J., Vaitheswaran, J., and Carr,
Brown Jr. pled guilty to one count of possession of a
controlled substance (marijuana), first offense. The district
court granted him a deferred judgment. Brown appeals after
the court revoked the deferred judgment and imposed judgment
and sentence. He argues his constitutional rights were
violated when the court entered the order revoking his
Background Facts and Proceedings.
State charged Brown with possession of a controlled substance
on September 24, 2014. Brown entered a written guilty plea,
waiving his presence at the guilty plea hearing and his right
to file a motion in arrest of judgment in order to proceed to
immediate sentencing. The district court accepted Brown's
plea on October 22, 2014, but deferred entering judgment for
a period of six months. The court placed Brown on
unsupervised probation on the condition that Brown have
"no further law violations" and "no further
alcohol or drug related arrests, " and pay "a civil
penalty in the amount of $315 plus attorney's fees and
any applicable costs and surcharges." The court
established a payment plan and scheduled a review hearing for
April 24, 2015, "to determine if [Brown] has completed
all requirements of this sentence." The order stated
that Brown "is required to personally appear, "
warning that "[f]ailure to appear can result in
arrest." The following month, Brown's trial counsel
withdrew as his attorney of record.
did not appear at the April 24, 2015 review hearing, and no
counsel appeared on Brown's behalf. In a written order
filed the same day, the court found Brown failed to comply
with the terms of his deferred judgment by failing to appear
and by failing to pay "all monies owed." It issued
a warrant for Brown's arrest.
was served the arrest warrant on August 16, 2015. At his
initial appearance, the court appointed Brown counsel and
released Brown on his promise to appear at an August 21, 2015
hearing. Brown appeared with counsel at that hearing. In an
order entered the same day, the court found Brown had
"made some progress but need[ed] additional time to
complete the terms of the deferred judgment." The court
scheduled a review hearing for October 23, 2015, ordered
Brown to complete eighty-six hours of community service, and
scheduled a "court compliance appointment" on
September 3, 2015. The Scott County Sheriff filed an
"alternative sentencing community service report"
on October 21, 2015, stating that Brown had failed to
complete any of the ordered community service.
again failed to appear at the review hearing on October 23,
2015. In a written order entered on the day of the hearing,
the court found Brown failed to comply with the terms of his
deferred judgment by failing to appear and failing to pay all
monies owed. The order states, "IT IS HEARBY ORDERED
that the Deferred Judgment is REVOKED. See separate
sentencing order." However, no sentencing order appears
in the record. The court also ordered a warrant to issue for
arrest warrant was not served on Brown until July 2, 2016. On
July 6, 2016, the court entered a written "order for
continuance." The order states:
The Court finds that there is good cause for continuing the
above-captioned case upon Order of the Court and that it is
in the interest of justice to ...