CourtListener 4494535•State of Iowa v. Nathan M. Goad
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IN THE COURT OF APPEALS OF IOWA
No. 17-1057
Filed May 2, 2018
STATE OF IOWA,
Plaintiff-Appellee,
vs.
NATHAN M. GOAD,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.
Defendant challenges his sentence for burglary in the third degree.
AFFIRMED.
Mark C. Smith, State Appellate Defender, and Vidhya K. Reddy, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Thomas J. Ogden, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
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MCDONALD, Judge.
Nathan Goad pleaded guilty to burglary in the third degree, in violation of
Iowa Code sections 713.1 and 713.6A (2016), and was sentenced to an
indeterminate term of incarceration not to exceed five years. Goad challenges his
sentence in this appeal, contending the district court considered an impermissible
factor in imposing sentence. Specifically, the district court considered unproved
criminal conduct.
The district court's sentence is cloaked with a strong presumption in its
favor, and we will not reverse its sentence absent an abuse of discretion. See
State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002). We afford the strong
presumption of regularity to the sentencing court due to the great confidence we
place in our judges to exercise their discretion appropriately. See State v. Sailer,
587 N.W.2d 756, 764 (Iowa 1998). When a defendant challenges a sentence on
the ground the district court considered unproved criminal conduct, “the issue
presented is simply one of the sufficiency of the record to establish the matters
relied on.” State v. Grandberry, 619 N.W.2d 399, 401 (Iowa 2000).
Goad’s contention the district court relied on unproved criminal conduct is
without merit. At sentencing, the district court stated it took into consideration
Goad’s criminal history, including his “controlled substance offense in 2014.” Goad
contends this was impermissible because he was convicted of possession of drug
paraphernalia and not a controlled substances offense. We disagree. The
possession of drug paraphernalia is a controlled substance offense. Iowa code
section 124.414 criminalizes the use of drug paraphernalia, which is defined as “all
equipment, products, or materials of any kind used or attempted to be used in
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combination with a controlled substance.” By its terms, the unlawful possession
of paraphernalia involves the possession of an item to be used with a controlled
substance. The offense is codified at chapter 124 of the Iowa Code, “Controlled
Substances,” Division IV, “Offenses and Penalties.” The district court did not rely
on unproved criminal conduct in imposing sentence.
We affirm Goad’s sentence.
AFFIRMED.
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