State of Iowa v. Gerald Anthony Davis
16-0189
| Iowa Ct. App. | Oct 26, 2016Background
- In Feb 2015 Gerald Davis was charged with two counts of third-degree sexual abuse for sexual contact with S.A., who was 13 at the time.
- In Oct 2015 Davis pleaded guilty to an amended charge: lascivious acts with a child (Iowa Code § 709.8(1)(c)); the State dismissed the second count.
- The written plea and plea colloquy incorporated the minutes of testimony, which described repeated requests for intercourse and the victim ultimately acquiescing. Davis did not object to that incorporation.
- A presentence investigation and victim impact statements were prepared; the PSI recommended suspension and probation conditioned on a psychosexual evaluation.
- At sentencing the court denied Davis’s request for a deferred judgment, citing the seriousness of the offense, the minutes of testimony (describing coercion), perceived lack of genuine remorse, and public-safety concerns; the court imposed a suspended 10-year indeterminate sentence and three years’ supervised probation with treatment conditions.
- Davis appealed, arguing the court improperly relied on facts from the unproven original charge (sexual abuse by force) when sentencing on the amended lascivious-acts charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing court relied on impermissible, unproven/offense facts when imposing sentence | State: court may consider all pertinent information, including minutes incorporated into plea and PSI; sentence within statutory limits and appropriate given circumstances | Davis: court referenced the act as “coerced,” effectively relying on elements of the dismissed/unproven forcible-sexual-abuse charge | Court: No abuse of discretion—court permissibly considered minutes of testimony (incorporated by plea) and attending circumstances; not impermissibly relying on unproven offense |
Key Cases Cited
- State v. Formaro, 638 N.W.2d 720 (Iowa 2002) (standard of review for sentencing; strong presumption in favor of within‑statute sentences)
- State v. Jose, 636 N.W.2d 38 (Iowa 2001) (defendant must show sentencing court relied on improper evidence such as unproven offenses to overcome presumption)
- State v. Black, 324 N.W.2d 313 (Iowa 1982) (sentencing court may not consider dismissed charge or facts arising from it unless admitted or independently proved)