State of Iowa v. Heather Ann Kelley
16-0464
| Iowa Ct. App. | Dec 21, 2016Background
- Heather Kelley pleaded guilty to third-degree burglary in June 2014; judgment was deferred with two years probation.
- While on probation, DOC reports (July and December 2015) alleged new crimes; Kelley stipulated to December violations and pled guilty to: possession of methamphetamine, eluding, and escape.
- Kelley entered a plea agreement that specified some prison terms and that the escape sentence would run consecutively to the burglary sentence; the agreement left concurrency of other sentences open to argument.
- At the revocation/sentencing hearing the court accepted the pleas, revoked the deferred judgment, heard allocution from Kelley (briefly), and imposed consecutive sentences so that total prison exposure was seven years.
- Kelley appealed, arguing (1) the court denied her right to allocution by truncating her statement, and (2) the court failed to state sufficient reasons on the record for imposing consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kelley was denied right of allocution | State: Court afforded Kelley the opportunity to speak; substantial compliance suffices | Kelley: Court interrupted her and cut short allocution about treatment options | Affirmed — court substantially complied; Kelley had chance to speak and did not indicate desire to continue |
| Whether court stated reasons for consecutive sentences | State: Court relied on plea agreement and noted factors supporting incarceration | Kelley: Court failed to give explicit, separate reasons for ordering sentences to run consecutively | Vacated in part and remanded — court failed to make on-the-record, explicit reasons for consecutive terms or to state plea particulars when simply giving effect to agreement |
Key Cases Cited
- State v. Duckworth, 597 N.W.2d 799 (Iowa 1999) (substantial compliance with allocution requirement suffices)
- State v. Craig, 562 N.W.2d 633 (Iowa 1997) (standard for appellate review of sentencing procedure)
- State v. Glenn, 431 N.W.2d 193 (Iowa 1988) (substantial compliance with allocution rule)
- State v. Hill, 878 N.W.2d 269 (Iowa 2016) (court must state reasons for sentencing choices, including consecutive terms)
- State v. Johnson, 513 N.W.2d 717 (Iowa 1994) (factors sentencing court should weigh)
- State v. Thacker, 862 N.W.2d 402 (Iowa 2015) (when court merely gives effect to plea agreement it should place plea particulars on the record)