from the Iowa District Court for Polk County, Carol S. Egly,
District Associate Judge.
Millard appeals following guilty pleas to harassment in the
first degree, harassment in the second degree, and assault
causing bodily injury or mental illness.
Hardy, Des Moines, for appellant.
J. Miller, Attorney General, and Zachary Miller, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., Mullins, J., and Mahan,
Millard pled guilty to assault causing bodily injury
(SRCR309738), harassment in the first degree (AGCR310487),
and harassment in the second degree (AGCR312725). The
district court accepted Millard's pleas. At the time of
the consolidated sentencing hearing,  Millard was serving a
five-year sentence for FECR309647, which defense counsel
noted "is listed as part of the plea agreement."
Defense counsel requested the district court "adopt the
[State's sentencing] recommendations." The court
followed the State's recommendation and sentenced Millard
to incarceration on all three convictions, with the sentences
to run concurrent to his sentence in FECR309647.
appeal, Millard contends the court "abused its
discretion in the factors it failed to consider when imposing
its sentence." Millard acknowledges the court
"recit[ed] the consideration of certain factors by
checking boxes on the form sentencing order," but he
claims "there is no evidence" the court
"actually evaluated" which of the available
sentences would provide maximum opportunity for
rehabilitation and protection of the community. As Millard
points out, the court checked several but not all the factors
listed on the form sentencing order. The selections
demonstrate the court's exercise of discretion, see
State v. Thompson, 856 N.W.2d 915, 921 (Iowa
2014) ("In this age of word processing, judges can use
forms, such as the one available in this case, to check the
boxes indicating the reasons why a judge is imposing a
certain sentence."), and we find no abuse of discretion
in the sentencing decision, see State v. Headley,
926 N.W.2d 545, 549 (Iowa 2019) (setting forth standard of
further claims his pleas were not knowingly and voluntarily
made and asks us to "set aside [his] guilty pleas and
remand the cases to the district court for further
proceedings." Because Millard was sufficiently advised
of his obligation to file a motion in arrest of judgment to
challenge his plea but did not do so,  he has failed to
preserve error on this claim. See Iowa R. Crim. P.
2.24(3)(a); State v. Weitzel, 905 N.W.2d 397, 401
we affirm Millard's convictions.
Senior judge assigned by order pursuant to Iowa Code section