841 N.W.2d 615
Iowa Ct. App.2013Background
- Robinson pleaded guilty to domestic abuse assault, second offense, under Iowa Code 708.1, 708.2A(1), 708.2A(3)(b) (2012).
- Plea agreement called for a two-year sentence with all but two days suspended; sentencing set for December 17, 2012.
- During pre-sentencing, Robinson violated pretrial release terms, including a no-contact order; he failed to appear for sentencing.
- Robinson was arrested January 2, 2013 and sentenced January 11, 2013 to up to two years with credit for time served; the court also imposed a $10 DVC charge described as a domestic violence fee.
- The record shows no evidence supporting the fee as restitution to a local anticrime organization; the court vacated the $10 DVC charge and remanded for a corrected judgment.
- The issue on appeal includes whether the $10 DVC fee was an illegal sentence and whether defense counsel was ineffective for not requesting a presentence investigation (PSI).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the $10 DVC charge authorized by statute? | Robinson argues the fee lacks statutory prerequisites. | State contends charge/fee falls under restitution to a local anticrime organization. | Charge not authorized; vacate the $10 DVC and remand for corrected judgment. |
| Was defense counsel ineffective for not requesting a PSI? | Robinson claims lack of PSI deprived court of mitigating information. | Counsel had no statutory duty to request a PSI for aggravated misdemeanor; prejudice required. | No prejudice; PSI not required for aggravated misdemeanor; ineffective-assistance claim fails. |
Key Cases Cited
- State v. Ragland, 836 N.W.2d 107 (Iowa 2013) (review of sentencing for corrections of errors at law)
- State v. Ohnmacht, 342 N.W.2d 838 (Iowa 1983) (sentencing authority limited by statute; void sentence if not authorized)
- State v. Finney, 834 N.W.2d 46 (Iowa 2013) (ineffective-assistance review for de novo standard)
- State v. Tate, 710 N.W.2d 237 (Iowa 2006) (prejudice analysis in ineffective assistance)
- State v. Pace, 602 N.W.2d 764 (Iowa 1999) (prejudice element in ineffective-assistance)
- State v. Maxwell, 743 N.W.2d 185 (Iowa 2008) (reasonable probability standard for prejudice)
- State v. Graves, 668 N.W.2d 860 (Iowa 2003) (elements of ineffective assistance burden)