from the Iowa District Court for Calhoun County, Kurt L.
Ross appeals the sentence imposed following revocation of
C. Smith, State Appellate Defender, (until withdrawal) and
Stephan J. Japuntich, Assistant Appellate Defender, for
J. Miller, Attorney General, and Kevin Cmelik, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., Doyle, J., and Gamble, S.J.
GAMBLE, SENIOR JUDGE.
Ross appeals the sentence imposed following the revocation of
three deferred judgments. Ross claims the sentencing court
did not exercise its discretion in revoking deferred judgment
and imposing prison sentences. We vacate the sentencing order
and remand for resentencing.
November 2017, Ross pled guilty to the crime of theft in the
second degree in Calhoun County and was granted a deferred
judgment. He had two additional deferred judgments from cases
in Webster County. As part of the deferred judgments, he was
placed on probation for a period of two years. Ross
violated the terms of his probation, was arrested, and
appeared for a hearing on a petition to revoke his probation.
The district court found Ross had violated the terms of his
probation, and a dispositional hearing was scheduled.
dispositional hearing, the following exchange occurred
between the prosecutor and the court:
MR. BALDRIDGE: Your Honor, in FECR355498, the underlying
charge was possession with intent; and in FECR355495, the
underlying charge was burglary in the third degree.
THE COURT: And he got deferreds on burglaries? Wow. Who gave
the deferred on a burglary?
MR. BALDRIDGE: As far as the judge?
THE COURT: Yeah. You tell me it's me, I'll go cut my
THE COURT: Okay. Well, all I can see, Mr. Ross is very lucky
to get that and he screwed it up because I would never have
given a deferred on ...