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Campbell v. State

Court of Appeals of Iowa

September 11, 2019

JARAMYA WILLIAM CAMPBELL, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.

         Jaramya Campbell appeals the denial of his application for postconviction relief.

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

          Thomas J. Miller, Attorney General, and William A. Hill, Assistant Attorney General, for appellee State.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          DOYLE, JUDGE.

         Jaramya Campbell appeals the denial of his application for postconviction relief (PCR). He argues the sentences imposed upon his convictions in two criminal cases, which were ordered to be served consecutively and with some time served at the county jail, were illegal. Because we agree that the underlying sentence for one of his criminal convictions illegally ordered that he serve a 45-day term in jail rather than in the custody of the Iowa Department of Corrections, we reverse the PCR court's ruling denying his application for PCR with respect to that sentence, and we remand with instructions. We affirm the PCR court's ruling in all other respects.

         I. Background Facts and Proceedings.

         In 2015, Jaramya Campbell was charged with several sex-related crimes in Marshall County (docket number FECR087710). A no-contact order was issued in that case. Around the same time, Campbell was charged with several sex-related crimes in Hamilton County (docket number FECR338972).

         In February 2016, and again in July 2016, Campbell was found in contempt for violating the no-contact order in FECR087710. He was sentenced to serve twenty-one days in the Marshall County Jail for the two contempts.

         Campbell later was charged with absenting from custody, a serious misdemeanor, in violation of Iowa Code section 719.4(3) (2016), (docket number FECR089563). Campbell ultimately pled guilty to the offense.

         In FECR087710, Campbell entered, and the court accepted, an Alford Plea[1]to the charge of assault with intent to commit sexual abuse, an aggravated misdemeanor, in violation of Iowa Code section 709.11(3) (2015). The other counts against Campbell were dismissed. Before sentencing in FECR089563 and FECR087710, Campbell was again found in contempt in FECR087710 for violating the no-contact order ten more times.

         Campbell's sentencing hearing for the pending matters in FECR089563 and FECR087710 came before the court in November 2016. For his ten contempt convictions in FECR087710, Campbell was ordered to serve 160 days in jail. Campbell was also sentenced for his conviction in FECR089563 to forty-five days in jail. The court ordered the periods of confinement to run consecutive to one another. After giving Campbell credit for time served, Campbell was ordered to serve a total of 226 days in jail for his contempt and absenting convictions.

         On his conviction for assault with intent to commit sexual abuse in FECR087710, Campbell was sentenced to an indeterminate term of incarceration not to exceed two years. The court ordered the sentence to run ...


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