State of Iowa v. Ricardo Lycrgus Perry, 20-1101

Ricardo Perry was charged with two counts of operating while intoxicated (second offense) occurring about three weeks apart and pleaded guilty by written plea to each, admitting only that he operated a vehicle in Polk County with a BAC over .08.
Perry waived presence at the plea proceeding and waived a record of that proceeding; the written pleas did not contain an explicit acceptance of the minutes of evidence, though the district court orders stated the minutes were accepted as true.
A virtual sentencing hearing was held; the prosecutor gave a recommendation, two mitigation witnesses testified, and Perry allocuted.
At sentencing the judge referenced factual details from the complaints and file (Datamaster results, dumped motorcycle, speeding/no-passing zone, possible evasion, out-of-state charges, and an assault charge) that were not admitted in the pleas.
The judge sentenced Perry to two years’ imprisonment on each count but clarified the sentences would run concurrently; Perry appealed, arguing the court relied on unadmitted/unproven facts and seeking resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentencing court considered facts not admitted or proven	The court may refer to complaints and file materials for sentencing and did not improperly rely on unproven facts	Court relied on factual allegations in complaints and file that were not admitted and thus impermissible to consider at sentencing	Vacated sentences and remanded because the court referenced impermissible, unadmitted facts
Whether defendant accepted the minutes of evidence as true	The sentencing orders recited that the minutes were accepted as true by defendant	Written pleas lacked explicit acceptance of the minutes; defendant only admitted elements (BAC over .08)	Court treated that facts beyond the elements were not established by plea; reliance on them was improper
Appropriate remedy (including request for different judge)	A new sentencing proceeding may not require a different judge	Defendant requested resentencing before a different judge	Vacated and remanded for resentencing before a different judge

State v. Gonzalez, 582 N.W.2d 515 (Iowa 1998) (sentencing court may consider only facts admitted or otherwise established as true)
State v. Black, 324 N.W.2d 313 (Iowa 1982) (minutes not necessary to plea's factual basis are deemed denied and unproven)
State v. Grandberry, 619 N.W.2d 399 (Iowa 2000) (use of any improper consideration at sentencing requires resentencing)
State v. Messer, 306 N.W.2d 731 (Iowa 1981) (appellate court cannot speculate about the weight a sentencing court gave improper facts)
State v. Lovell, 857 N.W.2d 241 (Iowa 2014) (sentencing courts must avoid impermissible factors in determining a sentence)