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State v. Brown

Court of Appeals of Iowa

June 20, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
MICHAEL RICHARD BROWN, JR., Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, District Associate Judge.

         Michael Brown appeals the sentences imposed following his guilty pleas to two counts of driving while barred.

          Nathan A. Olson of Branstad Law, P.L.L.C., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Mullins and McDonald, JJ.

          MULLINS, JUDGE.

         Michael 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[1] 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[2] 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 to drive.
You have not taken any steps to change your criminal behavior.
. . . [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 ...

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