Summary
The Iowa Supreme Court held that prior deferred sentences do not constitute deferred judgments or similar relief for purposes of Iowa Code section 907.3(1)(c). Because the defendant's prior convictions resulted in deferred sentences, the court vacated her sentence and remanded for resentencing with consideration of a deferred judgment.
Topics
Practice areas
Questions Presented
- Whether Iowa Code section 907.3(1)(c) makes a defendant ineligible for a deferred judgment when the defendant previously received two or more deferred sentences rather than deferred judgments.
Holdings
- Section 907.3(1)(c) prohibits a defendant who previously received two or more deferred judgments, including equivalent dispositions from other jurisdictions, from obtaining another deferred judgment, but it does not prohibit a defendant whose prior dispositions were only deferred sentences from receiving a deferred judgment.
Key quotations
“We hold section 907.3(1)(c) prohibits a defendant who has previously received two or more deferred judgments from obtaining another deferred judgment, but it does not prohibit a defendant who has only received two or more deferred sentences for prior offenses from receiving a deferred judgment.” (300)
“Accordingly, we think the legislature's use of the phrase "similar relief" in section 907.3(1)(c) was not a vague attempt to include deferred sentences within the scope of that provision.” (300)
Factual background
JoAnn Kamber pleaded guilty to second-degree theft under Iowa Code sections 714.1 and 714.2(2). Before sentencing, she requested a deferred judgment, but the State objected based on two prior deferred sentences for theft. The district court concluded that deferred sentences were similar relief to deferred judgments under Iowa Code section 907.3(1)(c), denied the request, and imposed a suspended five-year sentence with two years of probation.
Procedural history
Kamber pleaded guilty to second-degree theft and requested a deferred judgment. The district court denied that option, concluding that two prior deferred sentences constituted similar relief under Iowa Code section 907.3(1)(c), and imposed a suspended five-year sentence with probation. The court of appeals affirmed. On further review, the Supreme Court of Iowa vacated both the court of appeals decision and Kamber's sentence and remanded for resentencing.
Remand instructions
The case was remanded for resentencing, with the district court directed to consider the deferred-judgment option because Kamber's prior deferred sentences did not make her ineligible.