from the Iowa District Court for Cerro Gordo County, Colleen
D. Weiland, Judge.
defendant appeals his sentence claiming the sentencing
factors relied upon by the district court violated his due
C. Smith, State Appellate Defender, and Mary K. Conroy,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, Linda J. Hines, Assistant
Attorney General, Carlyle D. Dalen, County Attorney, and Gina
A. Jorgensen, Assistant County Attorney, for appellee.
September 3, 2016, Susan Wiley returned to her Mason City
home and found a bicycle in her backyard that did not belong
to her family. When she walked the bike around to the front
of her house, the other person with her outside the house,
Mike Damm, heard someone exit the back of the house. Wiley
and Damm were alarmed and took a pitchfork with them to enter
the home. Inside, they found someone had rummaged through
belongings and had stolen Wiley's property, including
silverware, jewelry, and other household goods and personal
September 9, the State charged Mitch Buesing with theft in
the second degree in violation of Iowa Code sections 714.1(1)
and 714.2(2) (2016), and burglary in the second degree in
violation of Iowa Code sections 713.1 and 713.5 for the
burglary of Wiley's home on September 3. On September 12,
the State moved to amend the original theft charge to theft
in the first degree, after learning the total value of the
stolen property was in excess of $10, 000. Buesing pled not
guilty to both charges.
the charges were pending against Buesing, on March 5, 2017,
an unknown person broke into Krista Conroy's car, and her
bracelet, purse, wallet, and IPad were stolen. On March 10,
Mason City police officers received a call from Conroy, who
told officers she had activated her app,  which indicated
her missing IPad was at 95 Oak Run Drive in Mason
City-Buesing's residence. Officers obtained and executed
a search warrant for Buesing's home that same day. At
Buesing's home, officers recovered numerous items that
had been reported as stolen, including, Milwaukee power
tools; a Milwaukee Shop vacuum; seven Stihl power tools; a
fluke meter; a code reader; various tools, a tool box, and
power chargers; two IPads, including Conroy's; two
IPhones; a coat; Conroy's ID, credit cards, and jewelry.
April 7, the State charged Buesing with theft in the second
degree for the items recovered on March 10, 2017. Buesing
again pled not guilty.
September 12, Buesing changed his plea and pled guilty to
theft in the first degree for the September 3, 2016 event and
theft in the second degree for the items found during the
search on March 10, 2017. Pursuant to a plea agreement, the
State agreed to dismiss the burglary charge, support the
recommendation of the presentence investigation report (PSI)
preparer, and recommend Buesing's convictions be served
concurrently with other sentences for his probation
revocations and consecutively for the two theft charges.
department of correctional services prepared a PSI. It
included an Iowa Risk Revised assessment report (IRR). The
IRR determined Buesing to be high risk for recidivism.
October 30, the district court sentenced Buesing. Buesing and
his attorney reviewed the PSI and his attorney told the
Only one correction, Your Honor. On page one, he's
indicating his weight is 190 pounds. Other than that, Your
Honor, we have no changes, additions, corrections. I
don't know of any reason why the court cannot use this
document for sentencing.
court sentenced Buesing to prison for a maximum of ten years
for theft in the first degree, to be served consecutively
with five years for theft in the second degree. The judge
stated the two prison terms were to be served concurrently
with two other ...