Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Lamont Guise

Supreme Court of Iowa

December 14, 2018

STATE OF IOWA, Appellee,
v.
MONTEZ JAVON LAMONT GUISE, Appellant.

          Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.

         On review from the Iowa Court of Appeals.

         The State seeks further review of a court of appeals decision reversing the sentence of the defendant.

          Mark C. Smith, State Appellate Defender, Melinda J. Nye, Assistant Appellate Defender, and Nicholas Jones, Law Student, for appellant.

          Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Carlyle D. Dalen, County Attorney, and Gina A. Jorgensen, Assistant County Attorney, for appellee.

          WIGGINS, JUSTICE.

         On appeal, for the first time, the defendant raised the issue that the court's use of the Iowa Risk Revised risk assessment tool (IRR) in sentencing the defendant violated his due process rights. The defendant also claimed the court used an unproven or unprosecuted offense when it sentenced him. We transferred the case to the court of appeals. The court of appeals reversed the defendant's sentence finding there is "no legislative authority supporting the use of the IRR at sentencing." The State asked for further review, which we granted. On further review, we find the court of appeals erred in reaching an issue not preserved by the defendant. We further find the defendant failed to preserve error on his due process claim and the record is insufficient to reach the due process claim on direct appeal. We also find the district court did not use an unproven or unprosecuted offense when it sentenced the defendant. Therefore, we vacate the court of appeals decision finding there is "no legislative authority supporting the use of the IRR at sentencing" and affirm the judgment of the district court.

         I. Background Facts and Proceedings.

         On December 31, 2016, Montez Guise went to his ex-girlfriend M.J.'s Mason City apartment and entered the premises. At that time, there was a valid no-contact order between Guise and M.J., with M.J. being the protected party. Guise left the apartment, taking the apartment key and M.J.'s rent money with him. M.J. barricaded the door, fearing Guise would return. Guise returned shortly thereafter, kicked down M.J.'s apartment door, and started breaking items in the home.

         The dispatcher sent Mason City police officers to M.J.'s apartment for a welfare check after receiving reports that M.J. and her friend Gloria, who was also inside the apartment, were in danger. When officers arrived, Guise prevented M.J. and Gloria from answering the door. The officers kicked down the door and arrested Guise as he was trying to escape out of an apartment window.

         The State charged Guise with burglary in the second degree, a class "C" felony, in violation of Iowa Code sections 713.1 and 713.5 (2017) and false imprisonment, in violation of Iowa Code section 710.7, a serious misdemeanor. On February 6, 2017, Guise pled guilty to burglary in the second degree as part of a plea agreement. The court released him to the department of correctional services on pretrial release pending sentencing.

         Under the plea agreement, for Guise's burglary charge, the State recommended a ten-year prison sentence, suspended; probation; and a one-thousand dollar fine, suspended. In exchange for his plea, the State dismissed the false imprisonment and related simple misdemeanors, and refrained from asserting the habitual offender enhancement.

         On February 23, the department of corrections reported Guise had violated his conditions of release. The department of corrections reported Guise failed to show up for a probation appointment, violated his no-contact order, resisted arrest, and was in possession of drug paraphernalia. The State charged him with the additional charge of interference with official acts, a serious misdemeanor, stemming from his arrest on the violation of the no-contact order. Guise pled guilty to this charge prior to sentencing.

         On March 14, the Mason City probation/parole office filed Guise's presentence investigation report (PSI), which it had prepared at the direction of the district court. The PSI stated the interviewer completed an IRR. The IRR recommended Guise be supervised at an intensive level. Guise did not object to the district court's use of the PSI at sentencing and made only one correction after reviewing the PSI-his explosive attitude only refers to him while on methamphetamine.

         On March 20, the court sentenced Guise. At the sentencing hearing, the State recommended the sentence in the plea agreement for the burglary charge. For Guise's interference with official acts resulting in the bodily injury charge, the State recommended one year in jail, suspended; probation for two years; and fines. In other words, the State recommended no jail time.

         The district court rejected the sentence recommended by the State for the burglary charge and sentenced Guise to prison for an indeterminate term, not to exceed ten years. For the interference with official acts charge, the district court also rejected the sentence recommended by the State and sentenced Guise to ninety days in jail, to be served concurrently with the burglary sentence.

         Guise filed a motion of appeal from the final judgment and sentencing. We transferred the case to the court of appeals. The court of appeals vacated the district court's sentence and remanded, holding there is "no legislative authority supporting the use of the IRR at sentencing." The State requested further review, which we granted.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.