State of Iowa v. Michael Richard Brown, Jr.
State of Iowa v. Michael Richard Brown, Jr.
Opinion
Michael Brown was charged with two counts of driving while barred. A plea agreement was reached under which Brown would enter guilty pleas to both charges in return for the State's recommendation that he be sentenced to 135 days 1 of incarceration on each charge, to be served concurrently. After being advised of the rights he was giving up by entering a guilty plea and acknowledging the court was not required to abide by the terms of the plea agreement, Brown pled guilty and requested immediate sentencing. The court inquired into Brown's criminal history, upon which the State apprised the court of Brown's prior convictions 2 and advised Brown was currently on parole for three 2016 convictions, having had his probation for those convictions revoked for violating the terms of his probation three days after being placed thereon. Brown admitted to all of the convictions and requested he be sentenced to "185 days in jail," as it would give him "time to really think about what [he is] doing."
The court stated:
... I find that based on your criminal history, you are a danger to society.
You continue to drive. You're on parole. And you continue to drive.
You have not taken any steps to change your criminal behavior.
....
... [Y]ou're on parole for the same charge you've now pled guilty to.
I don't know what you don't understand about the fact that you can't drive-
....
But this is ridiculous. This is your seventh driving while barred, all totaled. And your other criminal history is terrible too.
....
So for those reasons, it's going to be the order of the Court you should pay a fine of $625 on each one. Your fine is suspended due to your incarceration.
....
You're incarcerated for a period of two years on each charge.
....
These sentences will run consecutive to each other for a total of four years.
Brown vehemently objected to the sentence imposed and the court's deviation from the terms of the plea agreement.
In its subsequent sentencing order, the court noted its consideration of the nature and circumstances of the crime, protection of the public from further offenses, Brown's criminal history and propensity for further criminal acts, and the maximum opportunity for rehabilitation. The court also expressly noted it "rejected the plea agreement" because Brown "is currently on parole for" driving while barred, "has an extensive criminal history," and "already owes the State of Iowa over $23,000 in delinquent financial obligations on these matters." The court also noted it denied probation "based on the sentencing considerations set out above."
Brown appeals, contending the district court unconstitutionally considered his delinquent financial obligations in sentencing and abused its discretion in refusing to consider all potential sentencing options. We review challenges to a sentence on constitutional grounds de novo.
State v. Roby
,
Brown cites
State v. Pinckney
as support for his constitutional challenge.
See
This case is obviously distinguishable from
Pinckney
. Pinckney's sentence was unconstitutional because he was subjected to potential imprisonment
solely
because of his indigency.
See
Next, Brown contends the district court abused its discretion in sentencing. Brown agrees his sentence was within statutory limits. As such, the sentence "is cloaked with a strong presumption in its favor, and will only be overturned for an abuse of discretion or the consideration of inappropriate matters."
State v. Formaro
,
Brown specifically contends the district court failed to consider all sentencing options, and only considered those options which involved incarceration. Although the district court rejected the plea agreement and sentenced Brown to two years of incarceration on each count, the plea agreement expressly called for a term of incarceration-considering anything less than jail time was not a requirement on the part of the district court.
See
State v. Snyder
,
Finding no constitutional infirmity or abuse of discretion in relation to Brown's sentence, we affirm.
AFFIRMED.
The record indicates this would have been the term of incarceration remaining after Brown's receipt of credit for time served.
The prior convictions included: first-degree theft and second-degree burglary in 1981; disorderly conduct and possession of cocaine with intent to deliver in 1989; possession of a controlled substance in 1993; possession of a controlled substance in 1996; two counts of driving while barred in 2001; disorderly conduct and third-degree harassment in 2002; domestic-abuse assault in 2003; aggravated eluding and first-degree harassment in 2004; driving while barred in 2006; a felony controlled-substance violation in 2008; eluding, driving while barred, and operating while intoxicated in 2012; and driving while barred and two counts of operating while intoxicated in 2016.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.