State of Iowa v. Michael Anthony Webster White
16-1179
| Iowa Ct. App. | Mar 8, 2017Background
- Defendant Michael White pled guilty to intimidation with a dangerous weapon and eluding following a drive-by shooting where he fired eleven .40 caliber rounds into an occupied apartment building near a nursing home and close to a high school.
- At sentencing the district court reviewed the presentence investigation (PSI), heard White’s allocution, and noted his criminal history.
- White challenged a statement in the PSI that his probation was revoked in April 2016 (he claimed probation had been completed in 2015) and objected at sentencing.
- The district court sentenced White to prison, citing the danger his conduct posed to the community and referencing rehabilitative opportunities in prison.
- White appealed, claiming the court abused its discretion by focusing almost exclusively on the nature of the offense and by possibly relying on an unproven/prosecuted probation revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court abused discretion by relying solely on nature of offense | State: sentence within statutory limits; court appropriately considered offense gravity among other factors | White: court focused nearly entirely on offense and failed to consider age, character, prospects for reform | No abuse; court considered PSI, allocution, criminal history, and rehabilitative options in addition to offense nature |
| Whether sentencing court impermissibly relied on an unproven probation revocation | State: sentencing relied on defendant’s prior record and not on an unproven revocation | White: court may have relied on contested PSI statement that probation was revoked in April 2016 | No; defendant failed to make affirmative showing the court relied on the contested revocation; statements show reliance on prior convictions |
Key Cases Cited
- State v. Formaro, 638 N.W.2d 720 (Iowa 2002) (standard for reviewing within-statutory sentences and abuse of discretion)
- State v. Hopkins, 860 N.W.2d 550 (Iowa 2015) (court must consider factors beyond offense seriousness when sentencing)
- State v. Jose, 636 N.W.2d 38 (Iowa 2001) (sentencing court may not rely on unproven or unprosecuted offenses; defendant must affirmatively show reliance)