CourtListener 4509071•State of Iowa v. Antonio Luis Alexander
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IN THE COURT OF APPEALS OF IOWA
No. 17-1742
Filed June 20, 2018
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ANTONIO LUIS ALEXANDER,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Gregory D. Brandt,
District Associate Judge.
Antonio Luis Alexander appeals from the sentence imposed following his
guilty plea. AFFIRMED.
Michael H. Johnson of the Johnson Law Firm, Spirit Lake, for appellant.
Thomas J. Miller, Attorney General, and Sheryl A. Soich, Assistant Attorney
General, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
2
DANILSON, Chief Judge.
Antonio Luis Alexander was charged with assaulting a bystander who
attempted to intervene in an altercation between Alexander and his girlfriend in a
parking lot. Alexander punched the bystander in the head multiple times and
knocked him to the ground, injuring him.
On September 21, 2017, Alexander filed a written guilty plea to the charge
of assault causing bodily injury or mental illness, in violation of Iowa Code section
708.2(2) (2017). On October 2, the district court sentenced Alexander to one year
in the county jail, suspended all but thirty days and gave him credit for the two days
he had been in jail, and placed him on probation for a period of two years.
Alexander appeals.
“Our review of a sentence imposed in a criminal case is for correction of
errors at law.” State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002). “We will not
reverse the decision of the district court absent an abuse of discretion or some
defect in the sentencing procedure.” Id.
On appeal, Alexander asserts the court considered “one or more criminal
convictions not supported in the record” and “placed undue emphasis on his past
criminal history without considering his family circumstances and employment.”1
At sentencing, the State urged the court to order a jail sentence because:
The defendant does also have a lengthy criminal history, which
would warrant the lengthy criminal sentence. Back in ‘99 he had a
1
Alexander also briefly mentions the “quality of the written plea” but he did not file a motion
in arrest of judgment and does not claim counsel was ineffective in allowing the plea. See
State v. Straw, 709 N.W.2d 128, 132-33 (Iowa 2006) (“Straw’s failure to move in arrest of
judgment bars a direct appeal of his conviction. Iowa R. Crim. P. 2.24(3)(a); State v.
Brooks, 555 N.W.2d 446, 448 (Iowa 1996). However, this failure does not bar a challenge
to a guilty plea if the failure to file a motion in arrest of judgment resulted from ineffective
assistance of counsel.”).
3
domestic abuse without intent causing injury; 2001, domestic abuse;
2001, an escape charge; a second escape charge in 2001; 2002,
possession of controlled substance. All of those he was given
probation on which he was later revoked. He went to Oakdale in
2003. He was discharged in 2005. In May of 2005 then he was
charged with driving while barred and once again granted probation.
[In] 2006, controlled substance second offense. 2007, controlled
substance, third or subsequent offense, went back to Oakdale in
2008, which he was discharged in 2010.
Given the prior domestic abuse charges, given the t[wo]
instances of incarceration and the multiple opportunities the
defendant has been given at probation in the past and the nature of
the offense, I do think a lengthy jail stay would be appropriate of 120
days.
The trial court observed Alexander “has had things since [2007], actually, if
you—I looked at his current history as well before we went on the record.”
The defense did not challenge the recitation of Alexander’s criminal history,
but sought probation, noting Alexander had been steadily employed for over four
months.
The district court determined:
I will grant you that you have been doing well as of—relatively
well as of recent time. I say, “relatively well” because, quite honestly,
if you’re doing well, you wouldn’t have gone over and assaulted a
total stranger because he was intervening when he believed you
were assaulting your significant other. I mean, normal people just
don’t do that. You might say, “Go away,” or something, but you don’t
go and beat him about the head, as the minutes of testimony suggest
that you did.
That’s not what normal people do, and, unfortunately, this isn’t
your first incidence of assault. I find three prior convictions for
assault on your criminal history, along with a few other things.
Unfortunately, in your history you have been to prison a couple of
times. So, as I say, I do appreciate the fact that you have been
attempting to work on this, but you need to do better, quite honestly.
Because of your prior criminal history, the nature of this
particular offense, it is the judgment of this court that you are
adjudged guilty of assault causing injury. I sentence you to one year
in the Polk County Jail, suspend all but [thirty] days of that time and
give you credit for the two days you have been in jail and place you
on probation for a period of two years from today’s date.
4
In its written judgment, the court indicated the “following factors the most
significant in the determining this particular sentence” by checking the boxes next
to the form options: “[t]he nature and circumstances of the crime”; “[p]rotection of
the public from further offenses”; “[d]efendant’s criminal history”; and “[d]efendant’s
propensity for further criminal acts.” The court added, “Defendant has a substantial
criminal history with multiple convictions for assault.”
The purpose of requiring reasons for a particular sentence “ensures
defendants are well aware of the consequence of their criminal actions,” and “most
importantly, . . . affords appellate courts the opportunity to review the discretion of
the sentencing court.” State v. Thompson, 856 N.W.2d 915, 919 (Iowa 2014). The
district court’s oral and written statements are adequate to allow our review and
provide sufficient reasons for the imposition of a jail term rather than probation.2
And the court’s use of a template form is not improper. See id. at 921 (“In this age
of word processing, judges can use forms, such as the one available in this case,
to check the boxes indicating the reasons why a judge is imposing a certain
sentence. If the choices in the order need further explanation, the judge can do
so by writing on the order or adding to the order using a word processing
program.”).
Alexander takes issue with the court’s characterization that he had “multiple
convictions for assault.” He states no presentence investigation (PSI) was
2
Alexander’s reliance on State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987), is
misplaced. There, this court found, “The present record, far from articulating the rationale
behind the court’s choice of sentence, states only generalized, vague considerations
which we may assume advise every court in making every sentencing decision: the
circumstances of the offense and the defendant’s background.” Id. Here, however, we
have a sentencing transcript and additional reasons provided.
5
prepared and “if the court relied upon an invalid or nonexistent conviction, . . . then
the court clearly abused its discretion.” We will not engage in such speculation.
The State recited Alexander’s criminal history, which spanned several years
and included prior assault convictions. The court indicated it had reviewed
Alexander’s criminal history. The defense made no objection, though Alexander
mentioned one driving-while-barred charge was dismissed because he had a valid
temporary restricted license. There is no record to suggest the district court relied
upon the driving-while-barred charge after Alexander informed the court that the
charge had been dismissed. The record also fails to reflect that the court relied
upon an erroneous criminal history or relied upon any unproven criminal charge.3
The sentence imposed was within the statutory limits and based on valid
reasons. We find no abuse of discretion. See State v. Seats, 865 N.W.2d 545,
552-53 (Iowa 2015) (discussing the deferential standard of review applicable to a
sentence within statutory limits).
AFFIRMED.
3
We acknowledge when the court is sentencing a defendant without the benefit of a PSI,
the better practice would be for the prosecutor to admit into evidence a written copy of the
defendant’s criminal history, at least when that history is extensive.
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