State of Iowa v. Desmond Wayne Chretien
16-1968
| Iowa Ct. App. | Aug 2, 2017Background
- Desmond Chretien pleaded guilty to third-degree theft; judgment was deferred and he was placed on one year probation.
- Within months he accrued multiple probation violations, including new arrests for theft and burglary; he repeatedly stipulated to violations.
- The district court ordered participation at Fort Des Moines Correctional Facility and GPS monitoring; Chretien failed to comply and was returned to jail multiple times.
- After a third probation violation, the court revoked the deferred judgment, adjudged him guilty of third-degree theft, and imposed the original sentence of up to two years in prison.
- The court also ordered $50 in restitution toward court-appointed attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court applied a fixed policy or relied on a single sentencing factor when revoking probation | Court argued probation had escalated through available community-based options and prison was appropriate given repeated failures | Chretien argued the court used an inflexible rule and focused on one factor (past failures) rather than exercising individualized discretion | Court held judge considered multiple relevant factors and did not rely on a fixed policy or single factor; revocation and sentence affirmed |
| Whether the court considered Chretien's reasonable ability to pay before imposing $50 restitution for attorney fees | State maintained restitution is permissible if defendant is reasonably able to pay and the court evaluated ability to pay | Chretien argued the court failed to assess his reasonable ability to pay before imposing restitution | Court held the record shows the court considered age, employability, health, counsel’s statements, and found Chretien capable of a restitution plan; $50 obligation affirmed |
Key Cases Cited
- State v. Hildebrand, 280 N.W.2d 393 (Iowa 1979) (trial court must not apply a personal, inflexible sentencing policy focusing on a single consideration)
- State v. Kurtz, 878 N.W.2d 469 (Iowa Ct. App. 2016) (restitution for court-appointed attorney fees limited to the defendant’s reasonable ability to pay)