State of Iowa v. Eric Gganah Freeman Jr. ( 2021 )


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  •                     IN THE COURT OF APPEALS OF IOWA
    No. 21-0721
    Filed December 15, 2021
    STATE OF IOWA,
    Plaintiff-Appellee,
    vs.
    ERIC GGANAH FREEMAN JR.,
    Defendant-Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman
    Salic, District Associate Judge.
    Eric Freeman Jr. appeals the sentence imposed upon his criminal
    conviction. AFFIRMED.
    Jeremy L. Merrill of Merrill Law, PLC, Des Moines, for appellant.
    Thomas J. Miller, Attorney General, and Sheryl Soich, Assistant Attorney
    General, for appellee.
    Considered by Vaitheswaran, P.J., May, J., and Scott, S.J.*
    *Senior judge assigned by order pursuant to Iowa Code section 602.9206
    (2021).
    2
    SCOTT, Senior Judge.
    Eric Freeman Jr. appeals the sentence imposed, following a guilty plea,1
    upon his conviction of possession of marijuana with intent to deliver. He argues
    the district court abused its discretion in denying his request for a deferred
    judgment because (1) the “court did not adequately state the factors supporting
    the sentence on the record” and (2) “the sentence was clearly unreasonable in light
    of the circumstances.”
    I.    Background
    Freeman was criminally charged in May 2020. In March 2021, he entered
    a written plea of guilty. The plea memorialized the plea agreement to encompass,
    among other things, the State recommending a suspended term of imprisonment
    not to exceed five years and two years of probation, with the State dismissing a
    companion charge of failure to affix a drug-tax stamp. The court accepted the plea
    and set the matter for sentencing.
    Prior to sentencing, a presentence-investigation report (PSI) was
    completed, which disclosed Freeman was eligible for a deferred judgment but
    ultimately recommended the imposition of a suspended term of imprisonment not
    to exceed five years and three to five years of probation. At the sentencing
    hearing, the State submitted its recommendation in accordance with the plea
    agreement.     Based on Freeman’s age, family circumstances, upbringing,
    participation in therapy, and aspects for employment, Freeman’s counsel
    1 The State agrees Freeman has “good cause” to appeal because he is challenging
    the sentence imposed instead of his guilty plea. See 
    Iowa Code § 814.6
    (1)(a)(3)
    (2020); State v. Damme, 
    944 N.W.2d 98
    , 104 (Iowa 2020).
    3
    requested a deferred judgment.       In reaching its decision, the court noted its
    consideration of Freeman’s need for rehabilitation; protection of the community
    from further offenses by Freeman and others; his age, criminal history and the
    progression of the seriousness of his offenses, employment circumstances, and
    family    and   personal    circumstances;    the   nature   of   the   offense;   the
    recommendations of the parties; the contents of the PSI; what it learned about
    Freeman during the proceedings; and Freeman’s prior placement on probation.
    Based on these factors, the court denied Freeman’s request for a deferred
    judgment and sentenced Freeman to a suspended indeterminate term of
    imprisonment not to exceed five years and three years of probation.
    Freeman appeals.
    II.      Standard of Review
    When a defendant’s sentence is within the statutory limitations, we review
    the district court’s decision for an abuse of discretion, our most deferential standard
    of review. State v. Roby, 
    897 N.W.2d 127
    , 137 (Iowa 2017) (quoting State v.
    Seats, 
    865 N.W.2d 545
    , 552 (Iowa 2015)). We will reverse the sentence only if
    the court abused its discretion or considered improper sentencing factors. State
    v. Formaro, 
    638 N.W.2d 720
    , 724 (Iowa 2002). “When assessing a district court’s
    decision for abuse of discretion, we only reverse if the district court’s decision
    rested on grounds or reasoning that were clearly untenable or clearly
    unreasonable.” State v. Plain, 
    898 N.W.2d 801
    , 811 (Iowa 2017). “Grounds or
    reasons are untenable if they are ‘based on an erroneous application of the law or
    not supported by substantial evidence.’” 
    Id.
     (quoting State v. Dudley, 
    856 N.W.2d 668
    , 675 (Iowa 2014)). “Sentencing decisions . . . are cloaked with a strong
    4
    presumption in their favor.” State v. Grandberry, 
    619 N.W.2d 399
    , 401 (Iowa 2000)
    (alteration in original). Our job is not to “second guess” the sentencing court’s
    decision. Formaro, 
    638 N.W.2d at 724
    . Instead, we assess whether the court
    reached its decision on clearly untenable grounds. 
    Id.
    III.   Analysis
    First, Freeman argues the court provided inadequate reasons for the
    sentence on the record. He argues “the court merely noted the applicable factors
    and noted that the severity of the crime charged was more than other charges in
    [his] criminal history.” He submits “[t]his is not enough” and is “not sufficient under
    Iowa law.” But he offers no reason why. It is true that the court is required to “state
    on the record its reason for selecting the particular sentence.” Iowa R. Crim.
    P. 2.23(3)(d); accord 
    Iowa Code § 901.5
     (2020). “Although the reasons need not
    be detailed, at least a cursory explanation must be provided to allow appellate
    review of the trial court’s discretionary action.” State v. Jacobs, 
    607 N.W.2d 679
    ,
    690 (Iowa 2000). In denying Freeman’s request for a deferred judgment, the court
    noted its consideration of the need for protection of the community; the nature of
    the offense; Freeman’s age, criminal history, employment circumstances, and
    family circumstances; and other factors Freeman does not claim were
    inappropriately considered. See 
    Iowa Code §§ 901.5
    , 907.5(1); State v. Hopkins,
    
    860 N.W.2d 550
    , 554–55 (Iowa 2015). We find the court’s terse and succinct
    statements regarding its sentencing decision to be sufficient to show its reasons
    for its discretionary decision are viable and affirm on this point. See State v.
    Thacker, 
    862 N.W.2d 402
    , 408 (Iowa 2015).
    5
    Next, Freeman argues the sentence imposed was “clearly unreasonable.”
    He claims “the court gave unreasonable weight to the nature of the crime
    compared to the other factors weighing in favor [of] granting [him] a deferred
    judgment,” such as his family circumstances and plan to start a new business.
    While Freeman characterizes his charge as “merely [being] related to the
    possession of marijuana,” that is a mischaracterization, as this was a felony
    involving the intent to deliver. The court was clearly concerned because Freeman
    had already been placed on probation three separate times since 2010 in relation
    to convictions of disorderly conduct, operating under the influence and obstructing
    legal process, and traffic-related offenses, most recently being discharged from
    probation in 2017, and Freeman was now before the court on a felony drug charge.
    On our review, we are unable to conclude the court exercised its discretion on
    untenable grounds or to an extent clearly unreasonable, and we affirm the
    sentence imposed.
    AFFIRMED.
    

Document Info

Docket Number: 21-0721

Filed Date: 12/15/2021

Precedential Status: Precedential

Modified Date: 12/15/2021