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State v. Grisson

Court of Appeals of Iowa

December 18, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
ANTOINE MARIO GRISSON, JR., Defendant-Appellant.

          Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.

         Antoine Grisson Jr. appeals his sentence for one count of burglary in the third degree. AFFIRMED.

          Sharon D. Hallstoos, Dubuque, for appellant.

          Thomas J. Miller, Attorney General, and Israel Kodiaga, Assistant Attorney General, for appellee.

          Considered by Bower, C.J., and May and Greer, JJ.

          GREER, JUDGE.

         Antoine Grisson Jr. appeals his sentence for burglary in the third degree, arguing the district court considered improper sentencing factors and gave insufficient justification for his sentence. Finding his argument meritless, we affirm.

         I. Background Facts and Proceedings.

         In a written plea, Grisson pleaded guilty to one count of burglary in the third degree, an aggravated misdemeanor, in violation of Iowa Code sections 713.1 and 713.6A(2) (2018). At first glance, paragraph twelve of the guilty plea appears to state Grisson's understanding of the "plea negotiations." Yet the body of the paragraph sets forth each parties' sentencing recommendations. The paragraph states in full, 12. I understand plea negotiations to be:

• I will plead guilty to burglary in the third degree and the State will recommend a suspended two (2) year jail sentence, two (2) years of formal probation to the Department of Correctional Services, a fine of $625, an LEI surcharge of $125, payment of restitution to [the victim], and sentencing no contact order protecting [the victim].
• I will not join in this recommendation, and will instead request[] that the court sentence me to a suspended jail sentence of two (2) years, two (2) years of informal probation, a fine of $625, an LEI surcharge of $125, payment of restitution to [the victim], and sentencing no contact order protecting [the victim].

(Capitalization modified.) The plea clarified that the court did not have to accept the "negotiations." Grisson requested to be sentenced immediately, even if he were not present.

         On the same day, the district court accepted the guilty plea and sentenced Grisson. The court imposed the sentence the State proposed, including supervised probation. In determining the sentence, the court considered the Iowa Code section 907.5 sentencing factors and also stated "the nature and circumstances of the crime and the [p]lea [a]greement" were "the most significant in determining this particular sentence." Grisson appeals.

         II. ...


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