STATE OF IOWA, Plaintiff-Appellee, vs. CHANDOR LAMONT GARDNER, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-185 / 08-1046
Filed April 22, 2009
STATE OF IOWA,
Plaintiff-Appellee,
vs.
CHANDOR LAMONT GARDNER,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, George L.
Stigler, Judge.
Defendant appeals the district court’s sentence imposing a $1000 fine
following his guilty plea to robbery in the second degree. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney
General, Thomas J. Ferguson, County Attorney, and James Katcher, Assistant
County Attorney, for appellee.
Considered by Sackett, C.J., and Potterfield and Mansfield, JJ.
2
MANSFIELD, J.
Chandor Lamont Gardner appeals the fine portion of his sentence on the
grounds that the district court erred by imposing the fine and by failing to state
reasons for the imposition of the fine. We affirm.
I. Background Facts and Proceedings
On the morning of December 15, 2007, Jaynene Johnson was shopping in
the Salvation Army Thrift Store in Waterloo. As Johnson shopped for books,
Gardner suddenly grabbed Johnson’s purse, and a brief struggle ensued. During
the struggle, Johnson was pushed into a table, and her watch was broken,
cutting her wrist. Johnson screamed, and several customers came to her aid by
calling the police and chasing Gardner as he attempted to flee.
Gardner was apprehended by police a short distance away from the store.
After being transported to the police station, Gardner waived his Miranda rights1
and admitted to grabbing Johnson’s purse, running from the store, and throwing
away the purse and its contents.
Gardner was charged with robbery in the second degree in violation of
Iowa Code sections 711.1 and 711.3 (2007). He pled guilty and was sentenced
to a term of incarceration not to exceed ten years with a seventy percent
mandatory minimum and $1000 fine. Gardner appeals the fine portion of his
sentence.
He argues that the prosecutor had recommended the fine be
suspended and the district court should have provided reasons for imposing a
fine. See Iowa R. Crim. P. 2.23(3)(d).
1
Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d. 694 (1966).
3
II. Discussion
Robbery in the second degree is a class “C” felony. Iowa Code § 711.3.
Under Iowa law any person, who is not a habitual offender, convicted of robbery
in the second degree “shall be confined for no more than ten years, and in
addition shall be sentenced to a fine of at least one thousand dollars but not
more than ten thousand dollars.” Id. § 902.9(4).
Gardner recognizes the district court had no discretion regarding the
imposition of the incarceration with the seventy percent mandatory sentence;
however, he contends the district court had discretion to suspend the fine under
Iowa Code section 907.3.
Section 907.3 provides the trial court, upon a plea of guilty upon which a
judgment of conviction may be rendered, may exercise its discretion to defer
judgment, defer sentence, or suspend sentence under certain circumstances. Id.
§ 907.3. However, the legislature has eliminated this sentencing discretion in
forcible felony cases. Id. Robbery is a forcible felony. Id. § 702.11. Therefore,
the district court had no discretion to defer or suspend the sentence and was
obligated to impose a fine of at least $1000 in addition to incarceration. See id.
§ 902.9(4) (stating “shall be confined . . . , and in addition shall be sentenced to a
fine”).
Further, the district court’s imposition of a $1000 fine was the mandatory
minimum amount under section 902.9(4). As such, there could be no abuse of
discretion since the district court lacked the power to enter a less severe
sentence. See State v. Matlock, 304 N.W.2d 226, 228 (Iowa 1981).
4
There is also no conflict between our decision here and that of the Iowa
Supreme Court in State v. Ayers, 590 N.W.2d 25, 32 (Iowa 1999). Subsequent
to Ayers, the legislature amended Iowa Code section 902.9 (1999), so it now
provides for minimum fines to be imposed in class “C” and class “D” felonies.
The forcible felony sentence in Ayers did not require the imposition of a fine in
addition to imprisonment because the statutory language in section 902.9 at the
time stated a class “C” felon “shall be confined for no more than ten years, and in
addition may be sentenced to a fine.” (Emphasis added.) The use of the word
“may” made the fine optional. Section 902.9(4) (2007) now reads that a class “C”
felon “shall be confined for no more than ten years, and in addition shall be
sentenced to a fine of at least one thousand dollars.”
(Emphasis added.)
Furthermore, as previously noted, the sentencing statute, Iowa Code section
907.3, excepts forcible felonies from crimes for which the court can exercise
discretion to defer judgment or to suspend sentences.
Simply put, the $1000 fine is not discretionary—because of the current
wording of Iowa Code section 902.9(4)—nor may it be suspended—because
robbery is a forcible felony.
Accordingly, we affirm the sentence imposed by the trial court.
AFFIRMED.
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