State of Iowa v. Timothy Jacob Spencer

• Court: Court of Appeals of Iowa
• Decided: July 24, 2024
• Docket: 23-0844
• Status: Published

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 23-0844 Filed July 24, 2024

STATE OF IOWA, Plaintiff-Appellee,

vs.

TIMOTHY JACOB SPENCER, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.

Timothy Spencer attempts to appeal his convictions for robbery in the

second degree and theft in the first degree from an older individual. APPEAL

DISMISSED.

John C. Heinicke of Kragnes & Associates, P.C., Des Moines, for appellant.

Brenna Bird, Attorney General, and Martha E. Trout, Assistant Attorney

General, for appellee.

Considered by Ahlers, P.J., and Chicchelly and Buller, JJ. 2

AHLERS, Presiding Judge.

Timothy Spencer was charged with robbery in the first degree, theft in the

first degree from an older individual, and conspiracy to commit a forcible felony.

The parties reached a plea agreement. Pursuant to the agreement, the State

dismissed the conspiracy charge, and Spencer entered Alford pleas1 to a reduced

charge of robbery in the second degree and the original theft charge.

At the combined plea and sentencing hearing, the State recited the terms

of the plea agreement. Those terms included a joint sentencing recommendation

of consecutive prison sentences not to exceed thirty-five years with a mandatory

minimum of seven years. The terms also included a recommendation that the fine

on the robbery charge be suspended and that pecuniary damages be paid to the

victim. Both defense counsel and Spencer agreed that the State’s description of

the plea agreement was accurate and recommended that the court adopt the

sentence agreed to by the parties. The court imposed the sentences as

recommended by the parties.

Spencer attempts to appeal his sentence. He contends the court imposed

an illegal sentence by suspending the fine on the robbery charge without placing

him on probation. The State counters by asserting this court lacks jurisdiction to

hear Spencer’s appeal because Spencer does not have good cause to appeal.

Iowa Code section 814.6(1)(a)(3) (2023) denies a criminal defendant a right

to appeal if the defendant pleaded guilty to an offense other than a class “A” felony

1 See North Carolina v. Alford, 400 U.S. 25, 37‒38 (1970) (permitting a criminal

defendant to enter a guilty plea without admitting guilt by acknowledging strong evidence of guilt and voluntarily, knowingly, and understandingly agreeing to allow the court to consider such strong evidence of guilt in accepting the plea). 3

unless the defendant establishes good cause. In State v. Damme, the supreme

court concluded that defendants have good cause to appeal when they challenge

their sentence rather than the guilty plea itself if the sentence is neither mandatory

nor agreed to as part of a plea agreement. 944 N.W.2d 98, 105 (Iowa 2020). Here,

while Spencer pleaded guilty to offenses other than a class “A” felony and is only

challenging his sentence, he received the sentence he agreed to under the terms

of the plea agreement. Because Spencer received the sentence to which he

agreed, he has failed to establish good cause and this court lacks jurisdiction to

hear his attempted appeal. See id. (noting lack of good cause when the defendant

receives an agreed-upon sentence); State v. Brumley, No. 23-1693, 2024 WL

2842224, at *1 (Iowa Ct. App. June 5, 2024) (dismissing appeal for lack of good

cause following a guilty plea when the defendant receives the agreed-upon

sentence).

APPEAL DISMISSED.