CourtListener 2733525•State of Iowa v. Mickey Joe Belieu
Gesamter Gesetzestext
IN THE COURT OF APPEALS OF IOWA
No. 14-0010
Filed September 17, 2014
STATE OF IOWA,
Plaintiff-Appellee,
vs.
MICKEY JOE BELIEU,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Carol L. Coppola
(plea) and Douglas F. Staskal (sentencing), Judges.
Defendant appeals his sentence of incarceration following conviction for
burglary. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Bradley M. Bender,
Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Heather Ann Mapes, Assistant
Attorney General, John P. Sarcone, County Attorney, and Robert Diblasi,
Assistant County Attorney, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and McDonald, JJ.
2
MCDONALD, J.
On December 26, 2013, Mickey Belieu was convicted of burglary in the
third degree, in violation of Iowa Code sections 713.1 and 713.6A(1) (2013), and
sentenced to an indeterminate term of incarceration not to exceed five years.
Belieu appeals his sentence, contending the district court did not exercise
discretion in imposing sentence or improperly relied on only a single factor in
imposing sentence—the fact Belieu was unsuccessfully discharged from
residential substance abuse treatment between the time of his plea and
sentencing.
The district court’s sentence is cloaked with a strong presumption of
regularity, and we will not reverse sentence absent an abuse of discretion. See
State v. Floyd, 466 N.W.2d 919, 924 (Iowa Ct. App. 1990). To establish an
abuse of discretion, the defendant must show the sentencing court exercised its
discretion “on grounds or for reasons clearly untenable or to an extent clearly
unreasonable.” State v. Privitt, 571 N.W.2d 484, 486 (Iowa 1997). “In exercising
its discretion, the district court is to weigh all pertinent matters in determining a
proper sentence, including the nature of the offense, the attending
circumstances, the defendant’s age, character, and propensities or chances for
reform.” State v. Johnson, 513 N.W.2d 717, 719 (Iowa 1994). Although “[a]
sentencing court has a duty to consider all the circumstances of a particular
case,” it is not “required to specifically acknowledge each claim of mitigation
urged by a defendant.” State v. Boltz, 542 N.W.2d 9, 11 (Iowa Ct. App. 1995).
3
“Furthermore, the failure to acknowledge a particular sentencing circumstance
does not necessarily mean it was not considered.” Id.
We conclude the district court recognized it had discretion to determine
and impose sentence and did not abuse its discretion in imposing a term of
incarceration. At the sentencing hearing, the court did refer to Belieu’s discharge
from residential substance abuse treatment, but the court did so in the context of
determining Belieu’s “propensities or chances for reform” and how best to protect
society from further offenses by Belieu. That was a pertinent and permissible
consideration. See Iowa Code § 907.5(1); Johnson, 513 N.W.2d at 719. In
addition, contrary to Belieu’s claim, the district court identified several additional
reasons for imposing sentence, including, but not limited to, the defendant’s age,
familial circumstances, substance abuse history, criminal history, prior
unsuccessful rehabilitative measures, and the need to protect the public from
further offenses by this defendant. Each of these factors was pertinent to and
properly considered in imposing sentence in this case.
AFFIRMED.
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