CourtListener 3150098•State of Iowa v. Tyler Austin Sutton
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IN THE COURT OF APPEALS OF IOWA
No. 14-2130
Filed October 28, 2015
STATE OF IOWA,
Plaintiff-Appellee,
vs.
TYLER AUSTIN SUTTON,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Jasper County, Gregory A. Hulse,
Judge.
Tyler Sutton appeals his sentence, following a guilty plea, to burglary in
the third degree. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND
REMANDED FOR RESENTENCING.
Mark C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney
General, Michael K. Jacobsen, County Attorney, and Kelly T. Bennett and Scott
W. Nicholson, Assistant County Attorney, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
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VOGEL, Judge.
Tyler Sutton appeals his sentence, following a guilty plea, to burglary in
the third degree. He asserts the district court erred when it did not cite adequate
reasons for requiring him to reside at the residential facility. He further
challenges the imposition of a $10 surcharge. We conclude the district court did
not abuse its discretion when ordering Sutton to reside in the residential facility.
However, the imposition of the surcharge constituted an illegal sentence.
Consequently, we affirm all but the portion of the sentence imposing the
surcharge and remand for correction of the sentencing order.
On December 15, 2014, Sutton pleaded guilty to burglary in the third
degree, in violation of Iowa Code sections 713.1 and 713.6A (2013). The district
court accepted the plea agreement and suspended the five-year sentence but
ordered Sutton to serve time in a residential facility. It also imposed a $10
surcharge for the drug abuse resistance education (DARE) program. Sutton
appeals.
We review challenges to the sentence imposed by the district court for an
abuse of discretion. State v. Valin, 724 N.W.2d 440, 444 (Iowa 2006). We
review challenges to the legality of a sentence for errors at law. State v.
Rodriguez, 804 N.W.2d 844, 854 (Iowa 2011).
Sutton first challenges the court’s order that he reside in the residential
facility, arguing the “boilerplate” language was not enough to satisfy the
requirements of Iowa Rule of Criminal Procedure 2.23(3)(d). During the
sentencing colloquy, the district court stated:
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The court has a number of sentencing options, which would
include confinement in prison, or ordering confinement, suspending
sentence and placing defendant on probation under such rules and
regulations as might be appropriate. Defendant has stated to the
court that he is not requesting a deferred judgment or sentence.
In determining the appropriate sentence, I have considered
the defendant’s age, his prior record, his employment
circumstances, his family circumstances, the nature of the offense,
and all other information contained in the presentence investigation
report. I have considered all this information in light of protection to
the community from further offenses by this defendant and what
sentence will provide maximum opportunity for his rehabilitation.
Further, I have considered any treatment, physical or mental, drug
or other, which he may need.
....
As a further condition of probation, defendant is ordered to
reside at the residential facility until maximum benefits have been
achieved . . . . Defendant shall be in the custody of the Jasper
County Sherriff until space is available at the residential facility.
During the sentencing hearing, the district court also acknowledged having
reviewed the record, including the presentence investigation report, and only
“appropriate” information contained within the victim impact statement. In his
request for a suspended sentence, defense counsel detailed Sutton’s current
circumstances.
On our review of this record, it is apparent the district court considered the
proper factors and then adequately stated them on the record when imposing its
sentence. See Iowa Code § 901.5. Moreover, the court does not need to give
specific reasons as to why it imposed each element of the sentence. See State
v. Johnson, 445 N.W.2d 337, 343 (Iowa 1989). Consequently, we conclude the
district court did not abuse its discretion when ordering Sutton to serve time in
the residential facility.
Sutton also argues, and the State agrees, that the court improperly
imposed a $10 surcharge for the DARE program. This was an illegal sentence
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given Sutton’s crime did not meet the requirements which a DARE surcharge
should be imposed. See Iowa Code § 911.2. Consequently, we reverse this
portion of the court’s sentencing order and remand so a new order may be
entered in conformance with this opinion.
SENTENCE AFFIRMED IN PART, VACATED IN PART, AND
REMANDED FOR RESENTENCING.
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