from the Iowa District Court for Polk County, Gregory D.
Brandt, District Associate Judge.
Luis Alexander appeals from the sentence imposed following
his guilty plea.
Michael H. Johnson of the Johnson Law Firm, Spirit Lake, for
J. Miller, Attorney General, and Sheryl A. Soich, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
DANILSON, CHIEF JUDGE.
Luis Alexander was charged with assaulting a bystander who
attempted to intervene in an altercation between Alexander
and his girlfriend in a parking lot. Alexander punched the
bystander in the head multiple times and knocked him to the
ground, injuring him.
September 21, 2017, Alexander filed a written guilty plea to
the charge of assault causing bodily injury or mental
illness, in violation of Iowa Code section 708.2(2) (2017).
On October 2, the district court sentenced Alexander to one
year in the county jail, suspended all but thirty days and
gave him credit for the two days he had been in jail, and
placed him on probation for a period of two years. Alexander
review of a sentence imposed in a criminal case is for
correction of errors at law." State v. Formaro,
638 N.W.2d 720, 724 (Iowa 2002). "We will not reverse
the decision of the district court absent an abuse of
discretion or some defect in the sentencing procedure."
appeal, Alexander asserts the court considered "one or
more criminal convictions not supported in the record"
and "placed undue emphasis on his past criminal history
without considering his family circumstances and
sentencing, the State urged the court to order a jail
The defendant does also have a lengthy criminal history,
which would warrant the lengthy criminal sentence. Back in
'99 he had a domestic abuse without intent causing
injury; 2001, domestic abuse; 2001, an escape charge; a
second escape charge in 2001; 2002, possession of controlled
substance. All of those he was given probation on which he
was later revoked. He went to Oakdale in 2003. He was
discharged in 2005. In May of 2005 then he was charged with
driving while barred and once again granted probation. [In]
2006, controlled substance second offense. 2007, controlled
substance, third or subsequent offense, went back to Oakdale
in 2008, which he was discharged in 2010.
Given the prior domestic abuse charges, given the t[wo]
instances of incarceration and the multiple opportunities the
defendant has been given at probation in the past and the
nature of the offense, I do think a lengthy jail stay would
be appropriate of 120 days.
trial court observed Alexander "has had things since
, actually, if you-I looked at his current history as