State of Iowa v. Elisa Marie Harper
State of Iowa v. Elisa Marie Harper
Opinion
Elisa Harper appeals the sentence imposed by the district court for her conviction for fourth-degree theft. She maintains the district court failed to adequately state its reasons on the record for the sentence it imposed and asks that we remand for resentencing.
We review sentencing decisions for correction of errors at law.
State v. Letscher
,
Harper was originally charged by trial information with extortion, a class "D" felony. In a written guilty plea, Harper pled guilty to theft in the fourth degree. Her written plea states that the plea agreement is "susp sent. prob w/ mental health treatment and rest." Sentencing was unreported, but the form sentencing order establishes that Harper was sentenced to a suspended one-year sentence with one year of probation and ordered to obtain a mental-health evaluation, follow treatment recommendations, and make restitution.
Under the section of the sentencing order that provides for "sentencing considerations," the court failed to check any boxes that indicate what factors the court found significant in determining the sentence. The court also did not check the "plea agreement" box.
Harper maintains we should remand for resentencing because the court violated its duty to provide reasons on the record for the sentence imposed.
See
Iowa R. Crim. P. 2.23(3)(d). As she correctly notes, "[w]hen the defendant waives the reporting of the sentencing hearing," rule 2.23(3)(d)"requires the judge to include in his or her sentencing order the reason for the sentence" imposed.
State v. Thompson
,
We cannot conclude the district court adequately stated reasons for its sentence on the record as required by Iowa Rule of Criminal Procedure 2.23(3)(d). Thus, we vacate the sentence and remand to the district court for resentencing.
SENTENCE VACATED AND REMANDED FOR RESENTENCING.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.