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. Shelledy

Court of Appeals of Iowa

January 23, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
DAVID SHELLEDY, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Carol L. Coppola, District Associate Judge.

         David Shelledy appeals the district court's denial of his motion to continue sentencing and the sentence imposed.

          Gary Dickey of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and Bower, JJ.

          BOWER, JUDGE.

         David Shelledy appeals his sentence for operating while intoxicated, third offense. Shelledy claims the court should have continued his sentencing hearing until his inpatient treatment program was complete, and the court erred by imposing a harsher sentence than recommended in his presentence investigation report (PSI). We find the court acted within its discretion in denying the motion to continue the sentencing hearing and in imposing sentence.

         I. Background Facts & Proceedings

         On November 7, 2017, Shelledy was arrested after he was witnessed driving into a convenience store parking lot while inebriated. On November 14, the State charged Shelledy with operating while intoxicated (OWI), third offense, in violation of Iowa Code section 321J.2 (2017), a class "D" felony; and driving while his license was revoked, in violation of section 321J.21, a serious misdemeanor. On March 15, 2018, Shelledy pleaded guilty to the OWI charge pursuant to a plea agreement, and the State agreed to dismiss the driving while revoked charge. The plea agreement did not specify sentencing recommendations. Sentencing was set for May 14.

         Shelledy obtained three substance-abuse evaluations. The first, in December 2017, recommended intensive outpatient treatment for alcohol abuse. Shelledy was referred to outpatient treatment in his home state of Missouri but did not participate, instead participating in Alcoholics Anonymous (AA) classes as advised by his attorney. An evaluation was performed in March in his home state, but he moved to Iowa to help his mother and obtained an updated Iowa evaluation in April 2018; this last evaluation recommended inpatient residential treatment. Shelledy was added to a waitlist at an inpatient program in Iowa. Shelledy has twice before completed the Iowa Department of Corrections's (DOC) OWI programming.

         On May 4, the DOC filed Shelledy's PSI. The PSI stated incarceration would be an appropriate sentence but recommended the statutory minimum of thirty days in jail with the remaining sentence suspended; the DOC's recommendation was based on his current employment, involvement in AA, and positive social support. The PSI also recommended completion of a substance-abuse treatment program. The PSI noted this was Shelledy's sixth OWI conviction, his third within twelve years, and that he had been discharged from his most recent OWI parole in October 2017.

         On May 10, after receiving the PSI, Shelledy filed a motion to continue the sentencing hearing to September so he could complete an inpatient treatment program, which he would begin in late July. He then amended the motion to move sentencing to July as he could enter the inpatient program in late May. Time spent in residential treatment, if it qualified under statute, might have been credited against the thirty-day mandatory minimum for Shelledy's sentence. The court denied the motion, finding Shelledy had "ample time to complete treatment."

         At sentencing, Shelledy requested the statutory sentence, suspended except for the minimum thirty-days in jail, and inpatient treatment credited toward his jail term. The State recommended sending Shelledy to prison. The court sentenced Shelledy to an indeterminate term of imprisonment not to exceed five years. Shelledy appeals.

         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.