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. Schultz

Court of Appeals of Iowa

January 9, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
ANGELIA MAURICE SCHULTZ, Defendant-Appellant.

          Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge (plea), and Gregg R. Rosenbladt, Judge (sentencing).

         Angelia Schultz appeals following her guilty plea to operating a motor vehicle while intoxicated, third or subsequent offense. AFFIRMED.

          Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Sheryl Soich, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.

          VAITHESWARAN, JUDGE.

         Angelia Schultz pled guilty to operating a motor vehicle while intoxicated, third or subsequent offense. Iowa Code § 321J.2(2)(c) (2017). On appeal, Schultz contends her attorney was ineffective in allowing her to plead guilty.

         I. Background Proceedings

         Schultz's plea agreement identified the penalties for the crime, including "[a]n indeterminate prison term of up to five (5) years," with "30 days jail" as "the mandatory minimum." The agreement stated the court could "suspend execution of any portion of the jail sentence in excess of 30 days," there was "no guaranteed outcome," and "any plea bargain . . . [was] not binding on the court and the court [would] affix the sentence at its discretion."

         At the plea hearing, the prosecutor informed the court, "If Ms. Schultz pleads guilty as charged to operating while intoxicated, third offense, . . . I will recommend the mandatory minimum sentences." Specifically, he pledged to recommend "commitment to the custody of the director of adult corrections for a term not to exceed five years, but that be suspended except for the mandatory minimum term of thirty days in jail, with two years probation, plus the mandatory minimum fine of $3125.00 and surcharges and fees." The prosecutor also agreed to dismiss a marijuana possession charge and certain other misdemeanors.

         The district court asked Schultz whether she understood the court was "not bound by the plea agreement." She responded, "Yes." Schultz also was asked whether she understood the court could "impose any sentence up to the maximum." Schultz responded, "Absolutely, I understand." The court found Schultz "voluntarily enter[ed] the plea, with a full understanding of the nature of the charge, available defenses and the nature and the consequences of the plea."

         At sentencing, the prosecutor recommended Schultz "be committed to the custody of the director of adult corrections for an indeterminate term not to exceed five years, but that be fully suspended except for the mandatory minimum term of 30 days in jail." He also recommended "two years probation under section 907.7(2), plus the mandatory minimum fine of $3125, and surcharges and fees assessed pursuant to chapter 911." The prosecutor acknowledged the presentence investigator recommended five rather than two years of probation but noted that Schultz had begun "the evaluation and treatment process" and "that's a very good sign . . . that suggests . . . she will be successful." Schultz's attorney agreed with the recommendation.

         The court declined to follow the sentencing recommendation. After providing a comprehensive statement of reasons, the court sentenced Schultz to a prison term not exceeding five years and declined to suspend the sentence.

         II. Ineffect ...


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.