State of Iowa v. Mireya Bianca Balderas, 16-0261

In April 2012, twenty-month-old M.B. died of blunt-force head trauma after being cared for by Jorge Perez, the live-in boyfriend of his mother, Mireya Balderas.
Autopsy showed multiple injuries of varying ages: fractured ribs, extensive subdural/subarachnoid hemorrhage, contusions to abdomen and torn frenulum.
Perez was charged and later pleaded guilty to child endangerment resulting in death; he received an indeterminate 50-year sentence.
Balderas was originally charged with child endangerment resulting in death; the State later amended charges and she entered Alford pleas to one count of neglect of a dependent (C felony) and three counts of child endangerment causing bodily injury (D felonies); the death-count (B felony) was dismissed.
At sentencing the district court referenced the child’s death and the ongoing nature of injuries but repeatedly disavowed sentencing Balderas for causing the death; the court imposed concurrent indeterminate terms (10 years on neglect; 5 years on each endangerment count).
Balderas appealed, arguing the court impermissibly considered unproven facts and the dismissed greater offense in imposing sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court relied on unproven facts (the child’s death and dismissed higher charge) when sentencing	State: Court may consider the record facts and admissions; Balderas’s plea and minutes established relevant facts	Balderas: Court repeatedly referenced the child’s death and rib fractures and effectively sentenced her for the dismissed death charge and other unproven conduct	Court held the references to the child’s death were not impermissible; death was established in the record and by plea/allegations; the court expressly disavowed basing sentence on the dismissed higher charge, so no resentencing required
Whether sentencing relied on facts not admitted or proven, violating Thompson principle	State: Facts in minutes and plea allocution may be considered; sentencing based on the offenses of conviction	Balderas: Court impermissibly considered higher, unadmitted offense (endangerment resulting in death)	Court found no abuse of discretion; facts used were either admitted or part of minutes and responsive to counts of conviction

State v. Lovell, 857 N.W.2d 241 (Iowa 2014) (discusses improper consideration of unadmitted salacious facts at sentencing)
State v. Thompson, 275 N.W.2d 370 (Iowa 1979) (court may not increase sentence for a lesser offense because accused committed a greater unadmitted offense)
State v. Hansen, 344 N.W.2d 725 (Iowa Ct. App. 1983) (defendant bears burden to show sentencing court relied on unproven offense)
State v. Black, 324 N.W.2d 313 (Iowa 1982) (sentencing court may consider facts contained in the minutes if admitted or established)
State v. Formaro, 638 N.W.2d 720 (Iowa 2002) (appellate courts will not infer improper sentencing considerations absent a plain record showing)
North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (explains Alford pleas: consent to sentence without admitting conduct)