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. Kodok

Court of Appeals of Iowa

May 1, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
MANGOK AJUET KODOK, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.

         The defendant appeals the district court's decision to revoke his deferred judgment and impose terms of incarceration.

          Nathan A. Olson of Branstad & Olson Law Office, Des Moines, for appellant.

          Thomas 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.

         Mangok 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.

         On May 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.

         Pursuant 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.

         On 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.

         The 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.

         At the 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.

         The 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.

         On 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 ...


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.