from the Iowa District Court for Polk County, Cynthia M.
Moisan, District Associate Judge.
Brown appeals the sentences imposed following his guilty
pleas to two counts of driving while barred.
A. Olson of Branstad Law, P.L.L.C., Des Moines, for
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
Brown was charged with two counts of driving while barred. A
plea agreement was reached under which Brown would enter
guilty pleas to both charges in return for the State's
recommendation that he be sentenced to 135 days of incarceration
on each charge, to be served concurrently. After being
advised of the rights he was giving up by entering a guilty
plea and acknowledging the court was not required to abide by
the terms of the plea agreement, Brown pled guilty and
requested immediate sentencing. The court inquired into
Brown's criminal history, upon which the State apprised
the court of Brown's prior convictions and advised Brown
was currently on parole for three 2016 convictions, having
had his probation for those convictions revoked for violating
the terms of his probation three days after being placed
thereon. Brown admitted to all of the convictions and
requested he be sentenced to "185 days in jail, "
as it would give him "time to really think about what
[he is] doing."
The court stated:
. . . I find that based on your criminal history, you are a
danger to society.
You continue to drive. You're on parole. And you continue
You have not taken any steps to change your criminal
. . . [Y]ou're on parole for the same charge you've
now pled guilty to.
I don't know what you don't understand about the fact
that you can't drive-
But this is ridiculous. This is your seventh driving while
barred, all totaled. And your other criminal ...