State of Iowa v. Richard Yates III
16-2068
| Iowa Ct. App. | May 17, 2017Background
- In 2016 Richard Yates III pleaded guilty to two class D felonies (third-degree burglary and second-degree theft) as an habitual offender and to a separate aggravated-misdemeanor theft.
- The district court imposed a $125 law enforcement initiative (LEI) surcharge on each felony count under Iowa Code § 911.3.
- For the aggravated-misdemeanor theft the court imposed a determinate 730-day county-jail sentence.
- Yates appealed, arguing (1) the LEI surcharges were unauthorized for habitual-offender felony sentences and (2) the aggravated-misdemeanor determinate two-year county-jail sentence was illegal.
- The State conceded the aggravated-misdemeanor sentence required resentencing but defended the LEI surcharges on the felonies.
- The Court of Appeals reviewed statutory authority and remanded for resentencing on the aggravated-misdemeanor count while upholding the LEI surcharges on the felony convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court could assess $125 LEI surcharge on felony convictions entered under habitual-offender sentencing | State: § 911.3 mandates LEI surcharge for offenses listed (chapters 713, 714); assessment is required regardless of habitual-offender status | Yates: § 902.9(2) contemplates surcharge only when added to a fine for class C/D felons; habitual-offender provision (§ 902.9(1)(c)) authorizes no fine, so LEI surcharge not authorized | Court: § 911.3 is a specific statutory mandate that controls; § 902.9(2) does not prohibit LEI where no fine is imposed; surcharge upheld |
| Whether a determinate 730-day county-jail sentence for an aggravated misdemeanor is legal and properly committed | State: conceded resentencing needed; argued custody issue could be corrected | Yates: sentence illegal because confinement over one year must be indeterminate and commitment to county jail conflicts with § 901.7 | Court: determinate >1 year sentence violated § 903.1(2); vacated that portion and remanded for resentencing (custody inconsistency to be corrected on remand) |
Key Cases Cited
- State v. Ross, 729 N.W.2d 806 (Iowa 2007) (distinguishes authority to impose fines from obligation to assess statutorily mandated surcharges)
- State v. Morris, 416 N.W.2d 688 (Iowa 1987) (standard of review for sentencing errors of law)
- In re A.M., 856 N.W.2d 365 (Iowa 2014) (principle of harmonizing related statutes; when impossible, specific statute controls)
- State v. Ayers, 590 N.W.2d 25 (Iowa 1999) (use of general misdemeanor sentencing statutes when offense-specific sentencing absent)
- Rohlf v. Kasemeier, 118 N.W. 276 (Iowa 1908) (canon against adding terms to statutes beyond their text)