State v. HarkinsState v. Harkins
- Reporters:
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- Before:
- Miller
Robert Harkins was convicted of third-degree sexual abuse and sentenced to ten years in prison and a special life sentence pursuant to Iowa Code section 903B.1 (Supp.2005). He appeals, contending that
I. BACKGROUND FACTS AND PROCEEDINGS.
Following a jury trial, Harkins was convicted of third-degree sexual abuse in violation of Iowa Code section 709.4 (2005) and was sentenced to ten years in prison. Harkins appealed and this court affirmed his conviction. State v. Harkins, No. 06-0660, 2007 WL 914032 (Iowa Ct.App. March 28, 2007). On August 24, 2007, following a hearing, the district court re-sentenced Harkins to ten years in prison and a special life sentence pursuant to Iowa Code section 903B.1 (Supp.2005). This section provides:
A person convicted of a class “C” felony or greater offense under chapter 709, or a class “C” felony ünder section 728.12, shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for the rest of the person’s life, with eligibility for parole as provided in chapter 906. The special sentence imposed under this section shall commence upon completion of’ the sentence imposed under any applicable criminal sentencing provisions for the underlying criminal offense and the person shall begin the sentence under supervision as if on parole. The person shall be placed on the corrections continuum in chapter 901B, and the terms and conditions of the special sentence, including violations, shall be subject to the same set of proee-dures set out in chapters 901B, 905, 906, and chapter 908, and rules adopted under those chapters for persons on parole. The revocation of release shall not be for a period greater than two years upon any first revocation, and five years upon any second or subsequent revocation. A special sentence shall be considered a category “A” sentence for purposes of calculating earned time under section 903A.2.
Harkins appeals and asserts the special sentence is unconstitutional. He argues that
II. CONSTITUTIONAL CHALLENGES TO SECTION 903B.1.
We review Harkins’s various constitutional challenges to Iowa Code
A. Equal Protection and Separation of Powers
Harkins first claims that
B. Due Process
Harkins next challenges
In order to determine what process is due, we balance three factors: (1) the private interest that will be affected by government action; (2) the risk of an erroneous deprivation of this interest by the current procedures used and the probable value, if any, of additional or substitute procedural safeguards; and (3) the government’s interest in the regulation, including the burdens imposed by additional or different procedures. Seering, 701 N.W.2d at 665; Hernandez-Lopez, 639 N.W.2d at 241. “At the very least, procedural due process requires notice and opportunity to be heard in a proceeding that is adequate to safeguard the right for which the constitutional protection is invoked.” Seering, 701 N.W.2d at 665-66 (citations omitted). However, a particular procedure does not violate due process just because another method may seem fairer or wiser. Id. at 666.
Harkins was found guilty by a jury, and following a sentencing hearing the
“A case is ripe for adjudication when it presents an actual, present controversy, as opposed to one that is merely hypothetical or speculative.” Wade, 757 N.W.2d at 627; State v. Bullock, 638 N.W.2d 728, 734 (Iowa 2002). The basic rationale for the ripeness doctrine is “to protect [administrative] agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging-parties.” Bullock, 638 N.W.2d at 734 (citations omitted). This rationale is especially applicable in the present case because “[t]o the extent there are consequences extending from a parole violation, such decisions are executive or administrative decisions.” Wade, 757 N.W.2d at 628. Because Har-kins’s argument is based upon a possible future violation of parole and consequences from that violation, we conclude this issue is not ripe. See id. at 627-28 (holding that a constitutional challenge to Iowa Code section 903B.2 that was based upon future parole violations was not ripe).
Next, we examine Harkins’s substantive due process claims. In a substantive due process examination, first we determine the “nature of the individual right involved.” Seering, 701 N.W.2d at 662. If a fundamental right is involved, we apply strict scrutiny analysis. Id. “[0]nly fundamental rights and liberties which are deeply rooted in this Nation’s history and tradition and implicit in the concept of ordered liberty qualify for such protection.” Id. at 664 (citations and quotations omitted); see State v. Groves, 742 N.W.2d 90, 93 (Iowa 2007) (“Strict scrutiny requires us to determine whether the statute is narrowly tailored to serve a compelling state interest.”). On the other hand, if a fundamental right is not involved, we apply a rational basis analysis. Seering, 701 N.W.2d at 664-65.
Harkins does not indicate whether he believes a strict scrutiny or a rational basis analysis applies, but argues in part that the “government intrusions [axe] based upon ... the unpopularity of the class.”3 The State responds that the
A person convicted of a crime that subjects the person to imprisonment has no fundamental liberty interest in freedom from extended supervision. See Meachum v. Fano, 427 U.S. 215, 224, 96 S.Ct. 2532, 2538, 49 L.Ed.2d 451, 459 (1976).
[G]iven a valid conviction, the criminal defendant has been constitutionally deprived of his liberty to the extent that the State may confine him and subject him to the rules of its prison system so long as the conditions of confinement do not otherwise violate the Constitution.
A rational basis standard requires us to consider whether there is “a reasonable fit between the government interest and the means utilized to advance that interest.” Hernandez-Lopez, 639 N.W.2d at 238. As discussed by our supreme court, “[t]he State has a strong interest in protecting its citizens from sex crimes.” Wade, 757 N.W.2d at 625. Victims of sex crimes suffer from devastating effects, including physical and psychological harm. See id. at 626 (discussing that the devastating effects of sex crimes on victims provide a rational basis for classifying sex offenders differently). Furthermore, “[t]he risk of recidivism posed by sex offenders is ‘frightening and high.’ ” Id. (quoting Smith v. Doe, 538 U.S. 84, 103, 123 S.Ct. 1140, 1153, 155 L.Ed.2d 164, 183-84 (2003)); Seering, 701 N.W.2d at 665. We find there is a reasonable fit between the State’s interest in protecting its citizens from sex crimes and the special sentence imposed pursuant to Iowa Code
Harkins argues that
Finally, Harkins argues the “special sentence authorizes new terms of imprisonment for ... conduct which would not be deemed criminal for others.” Similar to Harkins’s procedural-due-process claim, this argument is based upon a possible future violation of parole and the potential consequences of such a violation, including the potential for new terms of imprisonment. This issue is not ripe for our review. See Wade, 757 N.W.2d at 628 (holding that a constitutional challenge to Iowa Code section 903B.2 that was based upon future parole violations was not ripe). We conclude that Iowa Code
III. INEFFECTIVE ASSISTANCE OF COUNSEL.
Harkins contends his counsel was ineffective for failing to argue that
To prove that counsel breached an essential duty, a defendant must overcome a presumption that counsel was competent and show that counsel’s performance was not within the range of normal competency. State v. Buck, 510 N.W.2d 850, 853 (Iowa 1994).
Although counsel is not required to predict changes in the law, counsel must exercise reasonable diligence in deciding whether an issue is worth raising. In accord with these principles, we have held that counsel has no duty to raise an issue that has no merit.
State v. Dudley, 766 N.W.2d 606 (Iowa 2009). To prove that prejudice resulted, a defendant must show there is a reasonable probability that but for counsel’s unprofessional errors the result of the proceeding would have been different. Ledezma v. State, 626 N.W.2d 134, 143 (Iowa 2001).
Because counsel has no duty to raise a meritless issue, we will first determine whether Harkins’s cruel and unusual punishment claim has any validity. See Dudley, 766 N.W.2d 606 at. “If his constitutional challenge[ ][is] meritorious, we will then consider whether reasonably competent counsel would have raised [this] issue[] and, if so, whether [Harkins] was prejudiced by his counsel’s failure to do so.” Id.
The United States Constitution forbids cruel and unusual punishment.
Generally, a sentence that falls within the parameters of a statutorily prescribed penalty does not constitute cruel and unusual punishment. Only extreme sentences that are “grossly disproportionate” to the crime conceivably violate the Eighth Amendment.
Substantial deference is afforded the legislature in setting the penalty for crimes. Notwithstanding, it is within the court’s power to determine whether the term of imprisonment imposed is grossly disproportionate to the crime charged. If it is not, no further analysis is necessary.
State v. Cronkhite, 613 N.W.2d 664, 669 (Iowa 2000) (citations omitted).
Harkins was convicted of third-degree sexual abuse, which is a class C felony punishable by a term of imprisonment not to exceed ten years.
Our analysis begins with a threshold test that measures the harshness of the penalty against the gravity of the offense. Wade, 757 N.W.2d at 623; see Musser, 721 N.W.2d at 749 (discussing that the Solem proportionality test is only used only in the rare case where “a threshold comparison of the crime committed to the sentence imposed leads to an inference of gross disproportionality”); see also Solem v. Helm, 463 U.S. 277, 292, 103 S.Ct. 3001, 3011, 77 L.Ed.2d 637, 650 (1983) (stating a court should consider gravity of offense, harshness of penalty, sentences imposed on other criminals in the same jurisdiction, and sentences imposed for commission of the same crime in other jurisdictions). This is an objective analysis completed without considering the individualized circumstances of the defendant or the victim in the present case. Wade, 757 N.W.2d at 624.
Iowa Code
Further, the offender is sentenced to parole supervision and only if the terms of parole are violated might any additional imprisonment occur.
Next, Harkins argues that even if the special sentence itself is not cruel and unusual punishment, the requirement that he register with the state’s sex offender registry together with the special sentence cumulatively result in cruel and unusual punishment. See
IV. CONCLUSION.
We conclude Iowa Code section 908B.1 (Supp.2005) does not violate the United States or Iowa Constitutions as claimed. Furthermore, we conclude that its imposition does not constitute cruel and unusual punishment and Harkins’s counsel therefore did not render ineffective assistance by not making such a claim. We affirm the sentence imposed by the district court.
AFFIRMED.
Notes
. Although presented by Harkins, the district court did not expressly address or pass upon Harkins’s constitutional challenges. However, the State does not assert that error was not preserved. Accordingly, we will address Harkins’s constitutional arguments.
. The due process clauses of the United States and Iowa Constitutions are nearly identical in scope, import, and purpose. State v. Hernandez-Lopez, 639 N.W.2d 226, 237 (Iowa 2002). Harkins does not argue that we should utilize a different analysis under the Iowa Constitution. Therefore, our discussion of his due-process argument applies to both his federal and state claims. State v. Dudley, 766 N.W.2d 606 (Iowa 2009) (using the same analysis to interpret the due process clauses of the United States and Iowa Constitutions because neither party suggested the Iowa provision should be interpreted differently than its federal counterpart).
. The State responds in part that sex offenders are not a suspect class. They are not. See Wade, 757 N.W.2d at 626 (“Because sex offenders present a special problem and danger to society, the legislature may classify them differently.”); see also United States v. LeMay, 260 F.3d 1018, 1030 (9th Cir.2001) (holding that sex offenders are not a suspect class).