CourtListener 3188095•State of Iowa v. Oscar Antonio Pena, A/K/A Arturo Gonzalez
State of Iowa v. Oscar Antonio Pena, A/K/A Arturo Gonzalez
CourtListener 3188095Iowactapp23.03.2016
Gesamter Gesetzestext
IN THE COURT OF APPEALS OF IOWA
No. 15-0988
Filed March 23, 2016
STATE OF IOWA,
Plaintiff-Appellee,
vs.
OSCAR ANTONIO PENA, a/k/a ARTURO GONZALEZ,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Louisa County, Cynthia H.
Danielson, Judge.
A defendant appeals his sentences for carrying weapons, in violation of
Iowa Code section 724.4(1) (1999), and reckless use of a firearm, in violation of
Iowa Code section 724.30(3). SENTENCES AFFIRMED IN PART AND
VACATED IN PART.
Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Bower and McDonald, JJ.
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MCDONALD, Judge.
Pursuant to a plea agreement, Oscar Pena pleaded guilty to carrying
weapons, in violation of Iowa Code section 724.4(1) (1999), and reckless use of
a firearm, in violation of Iowa Code section 724.30(3). The district court
sentenced him to an indeterminate term of incarceration not to exceed two years
for each count, said sentences to run consecutive to each other, and imposed a
$125 law enforcement initiative surcharge for each count. The district court
suspended the prison sentences and placed the defendant on supervised
probation for two years. In exchange for his guilty plea, the State agreed to
dismiss two other charges pending against Pena. Pena timely filed this appeal,
challenging his sentences.
Pena first challenges the imposition of the $125 law enforcement initiative
surcharge for each count. Iowa Code section 911.3 authorizes the surcharge
only for specifically enumerated criminal violations. The convictions at issue are
not specifically enumerated in the statute. The State concedes the error.
Accordingly, we vacate that part of Pena’s sentences. See State v. Rodriguez,
804 N.W.2d 844, 854 (Iowa 2011) (vacating portion of sentence imposing
unauthorized law enforcement initiative surcharge).
Pena also contends the district court abused its discretion by ordering
Pena to pay fines, court costs, and attorney fees. “Sentencing decisions of the
district court are cloaked with a strong presumption in their favor.” State v.
Thomas, 547 N.W.2d 223, 225 (Iowa 1996). Where the defendant does not
assert the “sentence is outside statutory limits, the sentence will be set aside only
for an abuse of discretion.” See id. “An abuse of discretion is found only when
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the sentencing court exercises its discretion on grounds or for reasons clearly
untenable or to an extent clearly unreasonable.” Id. The defendant bears a
heavy burden in establishing the district court abused its sentencing discretion.
Pena has not met his burden; his mere disagreement with the sentence imposed,
without more, is insufficient to establish an abuse of discretion. The district
court’s sentencing decision was neither untenable nor unreasonable.
SENTENCES AFFIRMED IN PART AND VACATED IN PART.
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