from the Iowa District Court for Black Hawk County, David P.
Javon Wilson appeals his conviction for first-degree robbery.
L. Dirks of Dirks Law Firm, Ames, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
Wilson appeals his conviction for first-degree robbery, in
violation of Iowa Code section 711.2 (2016). Wilson claims
the district court abused its discretion by sentencing him to
prison instead of placing him on probation. Wilson also
claims he received ineffective assistance because defense
counsel permitted him to plead guilty, thereby waiving his
claim the matter should be transferred to juvenile court. We
affirm the district court, but determine Wilson's claim
of ineffective assistance should be preserved for possible
Background Facts & Proceedings
28, 2016, Wilson, age sixteen, and a friend, Kemonte Todd,
age eighteen, robbed Muhammid Madni. Todd was carrying a
pellet gun and Wilson was carrying a stun gun. Todd struck
Madni and struggled to take his wallet. Wilson shocked Madni
approximately twenty times during the course of the robbery.
After taking Madni's money, Wilson and Todd ran in
opposite directions. Todd was apprehended approximately one
block south. He admitted to the robbery and implicated Wilson
as an accomplice. After questioning, Wilson also admitted to
was charged with first-degree robbery. On August 5, 2017,
Wilson filed a motion to transfer the case to juvenile court.
The district court denied Wilson's motion, citing a lack
of time and resources, Wilson's culpability, the severity
of the offense, and the effect on the victim.
April 7, Wilson pled guilty to first-degree robbery, in
violation of section 711.2, a class "B" felony. The
State agreed not to recommend the imposition of a mandatory
minimum sentence. The presentence investigation report
recommended a prison sentence over probation. At sentencing,
the State argued for a term of imprisonment not to exceed
twenty-five years and Wilson argued for a deferred judgment.
The district court specifically noted,
The Court has reviewed the exhibits provided by the defense
at today's hearing, including the Reverse Waiver Report
and I have also reviewed the Presentence Investigation Report
completed by the Department of Correctional Services and
considered the arguments of counsel. I also am familiar with
the decision cited by the defense, State v. Lyle and
State v. Roby and have considered the factors that
the defense brought to the Court's attention in those
matters as well. And in reviewing the case, the Court
determines that at this point in time, the request for a
deferred judgment should be denied. And I am going to
pronounce judgment and sentence today based on the factors
that I already mentioned and the factors set out in Iowa Code
Section 907.5 and, again, I have considered the factors set
forth in the case law, including but not limited to, you
know, age, prior record, family circumstances, etcetera, of
the defendant and I do believe that the recommendations of
the First Judicial District Department of Correctional
Services in this case are appropriate and I do not believe
that those recommendations are mutually exclusive of
rehabilitation. I do believe Mr. Wilson is capable of
rehabilitation and I believe that can happen under the order
the Court is imposing today.
And so I will sentence Mr. Wilson to a term of imprisonment
not to exceed 25 years. No mandatory minimum ...