from the Iowa District Court for Black Hawk County, Jeffrey
L. Harris, District Associate Judge.
appeals his convictions and sentence for public intoxication
Elizabeth Araguas of Nidey, Erdahl, Fisher, Pilkington &
Meier P.L.C., Cedar Rapids, for appellant.
J. Miller, Attorney General, and Kyle P. Hanson, Assistant
Attorney General, for appellee.
Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J.
Adam Thompson appeals his convictions and sentence for public
intoxication, third offense; two counts of assault on persons
in certain occupations; and interference with official acts.
Thompson argues the district court abused its discretion by
"suggesting" or "pronouncing" the maximum
sentence before trial and for considering Thompson's
refusal to plead guilty as a factor in sentencing. Because
the district court appropriately encouraged Thompson to
consider all possible consequences before proceeding to
trial, fully informed him of the sentencing possibilities,
and used only permissible factors in sentencing, we affirm.
Background Facts and Proceedings
late afternoon of July 28, 2017, law enforcement received a
call regarding a "male subject causing some issues with
traffic," including kicking trash cans into traffic and
approaching vehicles. Officers Jordan Ehlers and Marc Jasper
responded to the call and approached the subject, later
identified as Thompson. Officer Ehlers noticed the smell of
alcohol, but he testified that he and Officer Jasper
"gave [Thompson] the chance to go home and sent him on
his way." At approximately 8:30 that evening, the
officers received a call from a bar reporting a male subject
whose description matched Thompson and was "causing
issues" after the establishment refused to serve him
alcohol due to his intoxication. By the time the officers
arrived at the bar, the individual had left.
officers received another call around 9:30 from a woman
reporting a man punched her husband, and she described the
man as "a white male that was wearing a white shirt, and
he was bald." Officer Enis Mrzljak responded to the
call. Officer Mrzljak approached Thompson and noticed a
strong odor of alcohol, bloodshot eyes, and a staggered walk.
Officers Ehlers and Jasper also arrived at the scene, and
Officer Jasper asked Thompson to provide a sample of his
breath for a preliminary breath test (PBT). Thompson refused
and Officer Jasper informed him that he would be placed under
arrest. When Officer Jasper attempted to handcuff Thompson,
Thompson called Officer Jasper a "f***ing bitch"
and spit in his face. A struggle ensued, which involved
Thompson hitting, again spitting at, and kicking Officer
Ehlers in the face. Eventually, the officers were able to
handcuff Thompson, place him in a squad car, and transport
him to the jail. Thompson was charged with one count of
public intoxication, two counts of assault on persons in
certain occupations, and one count of interference with
was held on October 24 and 25, 2017, after which the jury
returned a verdict finding Thompson guilty on all four
counts. At a sentencing hearing, Thompson was sentenced to an
indeterminate term not to exceed two years for public
intoxication third offense; a term of 365 days for each count
of assault on persons in certain occupations; and a term of
thirty days for the interference with official acts count.
All of the sentences were ordered to run consecutively.
Standard of Review
use the abuse of discretion standard if the sentence is
within the statutory limits." State v. Seats,
865 N.W.2d 545, 552 (Iowa 2015). "[A] district court did
not abuse its discretion if the evidence supports the
sentence." Id. at 553.