State of Iowa v. Deng Kon Tong
2011 Iowa Sup. LEXIS 83
Iowa2011Background
- Tong pled guilty to burglary in the second degree on Feb 2, 2009 and received a deferred judgment with three years' probation.
- Tong's probation agreement prohibited firearms ownership, possession, use, or transport.
- On Dec 15, 2009, Tong was charged with unauthorized possession of an offensive weapon; later amended to felon in possession under §724.26.
- Tong moved to dismiss (Feb 8, 2010) arguing deferred judgment cannot be a felony conviction for §724.26; district court denied (Feb 22, 2010).
- A jury found Tong guilty of felon-in-possession on Mar 16, 2010; he was sentenced Apr 19, 2010 to up to five years.
- Court of Appeals affirmed; Tong sought discretionary review; issue centered on whether a deferred judgment is a conviction for §724.26.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'convicted of a felony' includes deferred judgments | Tong: deferred judgment cannot be a conviction for §724.26 | Tong: deferred judgment qualifies as conviction under §724.26 if defined to include deferred judgments | Deferred judgment counts as conviction when probation not completed |
| Definition of 'convicted' under §724.26 | Tong: strict or secondary definition should apply | State: deferred judgment may be a conviction under the statute's public-protection purpose | Court adopts broad interpretation including deferred judgments not completed on probation |
| Effect of probation status on conviction | Tong: not completed probation means no conviction for §724.26 | State: deferred judgment remains a conviction until probation completed | Deferred judgment remains a conviction pending completion of probation |
Key Cases Cited
- State v. Kluesner, 389 N.W.2d 370 (Iowa 1986) (two definitions of 'convicted' (plea/trial vs. final judgment))
- Schilling v. Iowa Dep't of Transp., 646 N.W.2d 69 (Iowa 2002) (conviction concepts and statutory interpretation)
- State v. Farmer, 234 N.W.2d 89 (Iowa 1975) (adjudication as guilt and judgment considerations)
- State v. Blood, 360 N.W.2d 820 (Iowa 1985) (use of deferred judgments in public-protection context)
- State v. Ridout, 346 N.W.2d 837 (Iowa 1984) (enhanced punishment considerations for deferred judgments)
- Walton, 311 N.W.2d 110 (Iowa 1981) (deferred judgment not proof of felony conviction; dicta on proof standards)
- Birth, 604 N.W.2d 664 (Iowa 2000) (probation completion and impeachment implications of deferred judgments)
- Buchanan, 604 N.W.2d 667 (Iowa 2000) (purpose of felon-in-possession statute and public-protection rationale)