State of Iowa v. Henry Earl Drake, Jr.

• Court: Court of Appeals of Iowa
• Decided: February 5, 2025
• Docket: 24-0707
• Status: Published

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 24-0707 Filed February 5, 2025

STATE OF IOWA, Plaintiff-Appellee,

vs.

HENRY EARL DRAKE JR., Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Becky Goettsch, Judge.

A defendant appeals his sentence imposed after the district court revoked

his deferred judgment. AFFIRMED.

Daniel M. Northfield, Urbandale, for appellant.

Brenna Bird, Attorney General, and Adam Kenworthy, Assistant Attorney

General, for appellee.

Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ. 2

SCHUMACHER, Judge.

Henry Drake Jr. appeals his sentence imposed after the district court

revoked his deferred judgment. Following revocation, Drake was convicted of

stalking—possession of a firearm, a class “D” felony in violation of Iowa Codes

sections 708.11(2) and 708.11(3)(b)(2) (2022). The district court sentenced him

to a prison term not to exceed five years, a suspended fine of $1025, plus costs,

and restitution.

The revocation was based on Drake’s stipulated probation violations. Other

than arguing the revocation was overly harsh, Drake identifies no legal defect or

abuse of discretion; nor do we find any upon our review. See State v. Hopkins,

860 N.W.2d 550, 553 (Iowa 2015) (“We review sentencing decisions for abuse of

discretion or defect in the sentencing procedure.”); State v. Formaro, 638

N.W.2d 720, 725 (Iowa 2002) (“[O]ur task on appeal is not to second guess the

decision made by the district court, but to determine if it was unreasonable or

based on untenable grounds.”).

Upon our review, we affirm without further opinion. Iowa R. App. P. 6.1203.

AFFIRMED.