from the Iowa District Court for Polk County, Becky Goettsch,
District Associate Judge.
defendant appeals the district court's decision to revoke
his deferred judgment and impose terms of incarceration.
A. Olson of Branstad & Olson Law Office, Des Moines, for
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Potterfield, Presiding Judge.
Kodok pled guilty to one count of possession of a controlled
substance (marijuana) in case number SRCR305546 and another
count in case number SRCR308868. On appeal, he challenges the
district court's revocation of his deferred judgment in
case SRCR305546 and argues there is not a factual basis to
support his guilty plea in case SRCR308868. Additionally, he
claims the court abused its discretion in sentencing him to
jail time on the two convictions.
8, 2017, Kodok was driving a vehicle that was stopped by
police. According to the officer's report, he smelled
marijuana emanating from the vehicle as he got near the car.
When the officer questioned Kodok about the smell, Kodok
admitted smoking a marijuana blunt in the car. The officer
searched Kodok's vehicle and found a bag with marijuana
inside and a black digital scale; Kodok admitted the
contraband was his.
to a plea agreement with the State, Kodok entered a guilty
plea to possession of a controlled substance (marijuana) in
case SRCR305546. The State agreed judgment should be
deferred, and Kodok was placed on probation for one year. As
part of his probation, Kodok was to complete forty hours of
community service; undergo a substance-abuse evaluation and
treatment; and pay various surcharges, fees, and fines. Kodok
pled guilty on July 25, and he was sentenced in accordance
with the plea agreement.
August 17, Kodok was again arrested for possession of a
controlled substance (marijuana). As had occurred in May,
Kodok was stopped while driving a vehicle that smelled of
marijuana, and Kodok admitted to officers that he had
marijuana in the car. Kodok later entered a guilty plea to
the charge in case SRCR308868.
district court set a joint hearing for probation disposition
in case SRCR305546 and sentencing for case SRCR308868 to take
place on March 20, 2018. Before the hearing, Kodok's
probation officer filed a number of reports of probation
violations, including Kodok's August arrest for
possession, a November 2017 report Kodok had "sporadic
treatment attendance" and "continued to use
marijuana," a December 2017 report Kodok had been
discharged from treatment and was unsuccessful "due to
his inability to commit to change and follow through," a
January 2018 report Kodok tested positive for THC when drug
tested by his probation officer, and a March 2018 report
Kodok failed to attend his new substance-abuse treatment and
was reporting he did not need treatment.
hearing, Kodok stipulated that he was in violation of the
terms of his probation and admitted to the allegations
included in the violation reports. The Stated asked the court
to revoke Kodok's probation in case SRCR305546, impose
judgment, and sentence Kodok to a thirty-day term of
incarceration for each of the two convictions. Kodok asked
that his probation for case SRCR305546 continue and that the
court order him to serve probation in case SRCR308868 as
well. Kodok maintained his recent failure to engage in
substance-abuse treatment was because his insurance would not
pay for the treatment and he could not otherwise afford it.
court revoked Kodok's deferred judgment in case
SRCR305546 and sentenced him to a term of incarceration not
to exceed fifteen days. The court also sentenced Kodok to
fifteen days incarceration in case SRCR308868. Kodok was
ordered to serve the two sentences concurrently.
appeal, Kodok first claims the district court committed legal
error in deciding to revoke his deferred judgment. But Kodok
does not allege the revocation was unsupported by the
evidence. In ...