State of Iowa v. Orlando David Rodriguez
2011 Iowa Sup. LEXIS 84
| Iowa | 2011Background
- Rodriguez and his brother Santos drove away from a Casey’s gas theft in Des Moines on Sept. 23, 2009, captured on security video showing theft and the ensuing fatal crash.
- The Explorer fled at high speed after stealing gasoline; Mundy, a motorcyclist, was killed when the vehicle collided with him.
- Rodriguez claimed he was not the driver; both brothers tested positive for marijuana; video later showed Santos was driving the fatal vehicle.
- Information charged both brothers with homicide by vehicle under aiding-and-abetting and joint-criminal-conduct theories; trial proceeded with a plea offer.
- Rodriguez entered an Alford plea to Count II (reckless vehicular homicide); sentence included ten years, restitution, a suspended fine, and a $125 law-enforcement surcharge; surcharge later vacated by the appellate court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a factual basis to support the plea to reckless vehicular homicide? | Rodriguez argues no factual basis. | State contends the record showed joint criminal conduct facts. | Yes, there was a factual basis under joint conduct theory. |
| Can Rodriguez be found liable under joint criminal conduct if he was not the driver? | Rodriguez contends lack of driver involvement negates liability. | State argues joint conduct covers accomplices who foresee consequences. | Yes; joint criminal conduct supports conviction. |
| Did the sentence impermissibly impose a law-enforcement surcharge? | Rodriguez challenges statutory authority for the $125 surcharge. | State argues surcharge applies to applicable offenses. | Surcharge vacated; not authorized for vehicular homicide. |
Key Cases Cited
- State v. Satern, 516 N.W.2d 839 (Iowa 1994) (upheld vehicular-homicide conviction via vicarious liability)
- State v. Dalton, 674 N.W.2d 111 (Iowa 2004) (upheld conviction under aiding and abetting theory)
- State v. Travis, 497 N.W.2d 905 (Iowa Ct. App. 1993) (aiding and abetting in involuntary manslaughter for allowing a minor to drive)
- State v. Youngblut, 257 Iowa 343, 132 N.W.2d 486 (Iowa 1965) (driver non-ownership liability for manslaughter)
- Ortiz, 789 N.W.2d 761 (Iowa 2010) (ineffective-assistance standard and requirement of factual basis)
- State v. Keene, 630 N.W.2d 579 (Iowa 2001) (facts must support the offense, not necessarily guilt)
- State v. Carter, 582 N.W.2d 164 (Iowa 1998) (review of record to determine sufficiency of factual basis)