State v. Fix
2013 Iowa App. LEXIS 384
| Iowa Ct. App. | 2013Background
- Iowa follows a one-death, one-homicide rule prohibiting judgments/sentences for multiple homicide offenses arising from one death.
- Fix pleaded guilty to three offenses: involuntary manslaughter (reduced from first-degree murder), child endangerment resulting in death, and child endangerment resulting in serious injury.
- Plea agreement provided for consecutive sentences totaling 65 years, and the court accepted the agreement.
- Sentencing in 2010 imposed consecutive terms as contemplated by the plea agreement.
- Fix later moved to correct an illegal sentence alleging merger of counts; the court rejected merger and Fix appealed.
- The issue is whether the one-homicide rule can be waived by a counseled guilty plea and what remedy follows if violated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the one-homicide rule applies to all homicide offenses. | Fix argues two homicide offenses for one death violate the rule. | State contends plea agreement constitutes waiver of the rule. | Child endangerment resulting in death qualifies as a homicide offense; the rule applies. |
| Whether Fix waived the one-homicide rule by pleading guilty. | Fix did not intend to relinquish protection; waiver not proven. | Waiver possible under Birkestrand and related cases due to bargain. | Guilty plea cannot waive the one-homicide rule; the rule is not waivable. |
| What is the proper remedy for the one-homicide rule violation? | Remedy should align with preserving State’s interests; potentially modify sentence. | Remedy could involve reinstating charges or overall remedy. | Annul the involuntary manslaughter judgment and remand for resentencing eliminating that offense. |
| Is the one-homicide rule rooted in common law or constitutional/merger statutes? | Rule is a protection against double punishment for one homicide. | Rule stance could be more flexible if grounded in waiver or bargained outcomes. | Rule is a sui generis common-law protection, not strictly from double jeopardy or merger statute. |
Key Cases Cited
- Gilroy v. State, 199 N.W.2d 63 (Iowa 1972) (one-homicide rule applies to multiple homicide sentences (jury verdicts))
- State v. Wissing, 528 N.W.2d 561 (Iowa 1995) (one homicide sentencing only for one of the homicides arising from one death)
- State v. Birkestrand, 239 N.W.2d 353 (Iowa 1976) (double punishment may be waived; limits of waiver under plea bargains)
- Menna v. New York, 423 U.S. 61 (1975) (plea does not waive all constitutional challenges; certain double jeopardy claims survive plea)
- United States v. Broce, 488 U.S. 563 (1989) (guilty pleas can foreclose some multiple punishment challenges when record shows separate offenses)
- State v. Mapp, 585 N.W.2d 746 (Iowa 1998) (remedial approach to bargained-for sentences when illegal consequences arise)
- State v. Woody, 613 N.W.2d 215 (Iowa 2000) (plea agreements do not authorize reliance to uphold illegal sentences)
- Bruegger v. State, 773 N.W.2d 862 (Iowa 2009) (expands definition of illegal sentence to include power/legality concerns)