State of Iowa v. Nathan Daniel Olsen

848 N.W.2d 363, 2014 WL 2782297, 2014 Iowa Sup. LEXIS 74
CourtSupreme Court of Iowa
DecidedJune 20, 2014
Docket13–0832
StatusPublished
Cited by10 cases

This text of 848 N.W.2d 363 (State of Iowa v. Nathan Daniel Olsen) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Nathan Daniel Olsen, 848 N.W.2d 363, 2014 WL 2782297, 2014 Iowa Sup. LEXIS 74 (iowa 2014).

Opinions

APPEL, Justice.

Nathan Olsen pleaded no contest to a felony charge in Wisconsin, and the Wisconsin trial court deferred judgment. We must now consider whether Olsen was “convicted” of the felony charge in Wisconsin such that he could be charged with a violation of Iowa Code section 724.26, which prohibits convicted felons from possessing firearms in Iowa.

I. Factual Background and Proceedings.

The State of Wisconsin charged Olsen with three crimes: second-degree sexual assault of a child, battery, and contributing to the delinquency of a child. In Wisconsin, second-degree sexual assault of a child, which involves sexual contact with a person under the age of sixteen, is a felony. See Wis. Stat. Ann. § 948.02(2) (2007-2008), http://docs.legis.wisconsin.gov/2007/ statutes/preface/toc. The other two offenses are misdemeanors. See id. § 940.19(1) (battery); id. § 948.40(1), (4) (contributing to the delinquency of a child).

Olsen pleaded no contest to the offenses. At the subsequent plea hearing, the Wisconsin trial court explained to Olsen the elements of second-degree sexual assault of a child and asked Olsen if he understood the elements of the crime. Based on this inquiry, the Wisconsin court determined Olsen voluntarily entered his plea. When asked if Olsen could hunt, the Wisconsin court replied, ‘Tes he can. He’s not convicted of a felony. It’s not of record.” The prosecuting attorney then described the effect of the proceeding as involving “[n]o disability that way at all,” and the Wisconsin court replied, “No, if I accept his plea, then set it for sentencing, then.” The Wisconsin court further stated, ‘Well find him guilty, but it’s not of record, though. No conviction will show up on that.”

At the conclusion of the proceeding, the Wisconsin court declared:

I will find his plea to be freely, knowingly, and voluntarily done. I’ll enter a judgment of conviction for Counts Two and Three [ (the misdemeanors) ], find him guilty on both. On Count One [ (the felony) ], I’ll find him guilty, but I will not enter the judgment of conviction at this time. I’ll withhold entering that. I will approve the deferred judgment. I’ll sign it.

(Emphasis added.) The Wisconsin court then indicated that Olsen understood what was required of him and instructed Olsen to contact his attorney or talk to his parents if he had any questions.

After the hearing, the Wisconsin trial court entered an order pertaining only to the felony offense. The order stated:

The Court finds that there is an adequate factual basis to support this plea....
IT IS HEREBY ORDERED THAT
acceptance of the plea and adjudication for the offense be and is stayed for four (4) years from 08/25/09, for full compliance with each and every term and condition of the probation instituted that date in connection with defendant’s conviction of two (2) misdemeanor offenses and full compliance with each and every term of the [Deferred Judgment of Conviction].

(Emphasis added.)

The “Deferred Judgment of Conviction” (DJOC) referenced by the Wisconsin trial court is a document that was jointly filed by the State and Olsen the same day the order was filed. According to the DJOC, the Wisconsin court would refrain from [365]*365entering an adjudication of guilt and a judgment of conviction for four years provided Olsen agreed to certain terms. The terms of the DJOC included that Olsen would be placed on probation for two years upon his conviction for the two misdemeanor offenses, his bail would remain in effect during the pendency of the agreement, he would not have contact with any unrelated female persons under the age of sixteen, he would obtain a sex-offender evaluation and complete any recommended follow-up, he would pay restitution, revocation from probation would result in an adjudication of guilt and entry of judgment of conviction for the felony, the Wisconsin court would enter judgment of conviction if he was charged in any jurisdiction with any new criminal offense (except minor traffic violations and unless he prevailed in a contest of probable cause for the charge), and he would keep the clerk of court appraised of any and all changes in his home address. Olsen also acknowledged that by accepting the agreement, he was giving up the opportunity to raise any defenses at any time in the future. Thus, the probationary period for Olsen’s two misdemean- or convictions ran for a two-year period beginning August 25, 2009, and the conditions of the DJOC extended for an additional two years. At the end of the four-year period, if Olsen met the conditions of the DJOC to the satisfaction of the prosecutor, then either Olsen or the prosecutor could move the court to vacate Olsen’s felony plea and dismiss the pending charge.

On January 25, 2013, after expiration of the probationary period for the two misdemeanors, but before termination of the DJOC, the State of Iowa charged Olsen with a violation of Iowa’s felon-in-possession statute, Iowa Code section 724.26 (2013). This provision provides:

A person who is convicted of a felony in a state or federal court ... and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm ... is guilty of a class “D” felony.

Iowa Code § 724.26(1). A “felony” for purposes of the felon-in-possession statute is

any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less.

Id. § 724.25(1).

According to the minutes of evidence in the Iowa case, Olsen attempted to purchase a shotgun in Coralville but did not pass the background check. He then had another individual purchase a shotgun for him. He and this individual had planned to use the shotguns to hunt deer. Although Olsen first claimed he had completed the paperwork and lawfully possessed the gun, he later admitted that another individual had purchased the gun for him.

Olsen filed a motion to dismiss the Iowa charge. In his motion he alleged the predicate Wisconsin felony was based upon a plea of no contest that resulted in a stay of plea proceedings. Therefore, according to Olsen, there was no conviction for purposes of Iowa Code section 724.26. In support of his argument, Olsen cited State v. Deng Kon Tong, 805 N.W.2d 599 (Iowa 2011). In Deng Kon Tong, we held that there is a predicate conviction for purposes of the felon-in-possession statute when a defendant pleads guilty to a felony, receives a deferred judgment, is placed on probation, and is still subject to the terms [366]*366and conditions of probation. 805 N.W.2d at 603.

The district court denied Olsen’s motion to dismiss. The district court noted the only difference between this case and the scenario in Deng Kon Tong was that Olsen entered a no contest plea that the Wisconsin court did not accept.

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Cite This Page — Counsel Stack

Bluebook (online)
848 N.W.2d 363, 2014 WL 2782297, 2014 Iowa Sup. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-nathan-daniel-olsen-iowa-2014.