from the Iowa District Court for Polk County, Karen A. Romano
(waiver/plea) and Carla T. Schemmel (sentencing), Judges.
challenges his sentence for robbery in the first degree.
C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
Shade was convicted of robbery in the first degree, in
violation of Iowa Code section 711.2 (2016). At the time of
the offense, Shade was sixteen years old. The district court
sentenced Shade to an indeterminate term of incarceration not
to exceed twenty-five years with no mandatory minimum. In
this appeal, Shade challenges his sentence. He contends he
was entitled to a Miller hearing at the time of
sentencing. See State v. Lyle, 854 N.W.2d 378, 402
n.8 (Iowa 2014); State v. Ragland, 836 N.W.2d 107,
115 n.6 (Iowa 2013) (listing required sentencing factors
identified in Miller v. Alabama, 567 U.S. 460, 477
(2012)). He also contends his counsel provided
constitutionally-deficient representation at the time of
sentencing. Finally, he contends the district court imposed
an illegal surcharge.
of background, in December 2016, Shade accompanied another
man to meet Jessica Valles Rivera at a local elementary
school for the purported purpose of purchasing a smart phone
from Rivera. According to Shade, he served as a look out
while the other man approached the car, pulled out a handgun,
and pointed it at Rivera and her husband while demanding
money. The man then fled with a wallet, forty dollars, and
the phone. Rivera's children were in the car at the time
of the robbery. According to the victim, Shade was the person
who wielded the gun.
January 2017, Shade was charged with the robbery of Rivera
and her husband as well as two additional armed robberies in
unrelated incidents. At the time Shade was charged with the
Rivera robbery, he was already subject to a juvenile-court
consent decree for the armed robbery of a taxi driver in a
different incident. As part of a plea agreement, Shade
pleaded guilty to one count of robbery in the first degree
arising out of the robbery of Rivera, and the State agreed to
dismiss the other two counts. The parties were free to argue
at the time of sentencing. After hearing argument and
recommendations from both sides, the district court sentenced
Shade to an indeterminate term of incarceration not to exceed
twenty-five years without any mandatory minimum. The court
For the sentence consideration, the Court determines that the
sentence set forth herein will provide maximum opportunity
for rehabilitation of the defendant and protection of the
community from further offenses.
Pursuant to the Iowa Code, the Court has considered the
following factors: The defendant's age, the
defendant's prior record of convictions and deferment of
judgments, if any, the defendant's family circumstances,
the nature of the offense committed. . . . .
. . . I want you know this is a difficult case. You are
young, but you have been committing violent crimes.
I do, however, consider your safety, and I am not convinced
that you would be any safer in the public than you would be
in prison, number one; number two, there are programs
available in prison for you to take advantage of, but
that's up to you. And if you don't take advantage of
them, you may find yourself repeating and repeating in the
You are a bright young man. You had troubles in your life,
and you went down the wrong way. This is not the end. It will
be difficult. You're going to have to be a man. I hope
you can be successful in prison and get out and become a good
and productive ...