State v. Emery

636 N.W.2d 116, 2001 Iowa Sup. LEXIS 219, 2001 WL 1438237
CourtSupreme Court of Iowa
DecidedNovember 15, 2001
Docket99-1957
StatusPublished
Cited by21 cases

This text of 636 N.W.2d 116 (State v. Emery) 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 v. Emery, 636 N.W.2d 116, 2001 Iowa Sup. LEXIS 219, 2001 WL 1438237 (iowa 2001).

Opinion

*118 TERNUS, Justice.

The juvenile appellant, Lee Emery, pled guilty in district court to two weapons charges and a charge of possession of methamphetamine with intent to deliver. He now appeals the judgment of conviction and sentence entered on his guilty plea, alleging (1) the district court did not have subject matter jurisdiction of the weapons charges; and (2) the mandatory minimum' sentence of Iowa Code section 124.413 (1999) does not apply to his drug conviction. The appeal was transferred to the Iowa Court of Appeals, where the defendant’s guilty plea was set aside, the district court judgment was reversed, and the case was remanded to juvenile court for further proceedings. Upon our further review, we vacate the court of appeals’ decision and affirm the judgment of the district court.

I. Background Facts and Proceedings.

The underlying facts in this case are simple and undisputed. The defendant, age seventeen, was a juvenile at the time of the alleged crimes. See Iowa Code § 232.2(5) (defining “child” as “a person under eighteen years of age”), (29) (defining “juvenile ” “the same as ‘child ’ ”). Emery was formally charged by trial information with the following crimes: (1) possession of methamphetamine with intent to deliver in violation of Iowa Code section 124.401(1)(& )(7); (2) a tax stamp offense in violation of Iowa Code section 453B.3; (3) two counts of carrying weapons in violation of Iowa Code section 724.4; and (4) possession of marijuana in violation of Iowa Code section 124.401(5). In addition, the trial information alleged facts that would subject the defendant to the enhancement provisions of Iowa Code sections 124.401(l)(e) and 124.401A. All charges were filed in district court, presumably under the authority of Iowa Code section 232.8(l)(c), which exempts certain offenses from the jurisdiction of juvenile court.

The State and Emery entered into plea negotiations. On November 9, 1999, the defendant appeared in open court with counsel, withdrew his prior not-guilty plea, and pled guilty to three of the five charges: possession of methamphetamine with intent to deliver and the two carrying-weapons offenses. In exchange for the guilty plea, the State agreed not to seek the applicable sentencing enhancements.

Emery requested immediate sentencing. The court thereupon sentenced the defendant to a mandatory twenty-five-year indeterminate term of incarceration on the methamphetamine charge and a two-year indeterminate term on each weapons charge, all sentences to run concurrently. In addition, the court informed Emery that he was subject to serving the mandatory one-third minimum sentence imposed by section 124.413 with respect to his drug conviction. The court did, however, reduce the mandatory minimum by one-third based on the defendant’s guilty plea and by an additional ten percent based upon his cooperation with law enforcement. See Iowa Code § 901.10 (allowing court to reduce mandatory minimum under specified circumstances). At no time prior to or during the guilty plea and sentencing proceeding did the defendant challenge the jurisdiction or authority of the district court to accept his plea or to impose sentence.

The defendant appealed. He claims on appeal that the district court lacked subject matter jurisdiction over the weapons charges because the State failed to obtain a waiver or transfer of juvenile court jurisdiction as required by Iotya Code section 232.45. 1 In addition, he asserts that, as a *119 juvenile, he is not subject to the mandatory minimum sentence specified in section 124.413. The court of appeals, although rejecting Emery’s argument concerning the applicability of section 124.413, ruled that the district court did not have subject matter jurisdiction of the weapons charges. Concluding that this defect rendered the judgment void, the court of appeals set aside the plea agreement, reversed the judgment of conviction and sentence, and remanded the case to juvenile court for further proceedings. We granted further review.

II. Scope ofRevieiv.

Challenges to the court’s subject matter jurisdiction are reviewed for correction of errors at law. State v. Oetken, 613 N.W.2d 679, 686 (Iowa 2000). We employ the same standard of review with respect to the court’s application of the minimum sentence statute. State v. Edgington, 601 N.W.2d 31, 32 (Iowa 1999).

III. Error Preservation.

As we noted earlier, the defendant did not make the objection now urged on appeal as to the district court’s power to adjudicate the weapons offenses. Both parties agree, however, that a court’s subject matter jurisdiction may be challenged at any time. Linn County Sheriff v. Iowa Dist. Ct., 545 N.W.2d 296, 299 (Iowa 1996). Nevertheless, the State contends that the issue here is not one of subject matter jurisdiction, but rather is an issue of the court’s authority.

It is helpful at this juncture to point out the difference between a court’s subject matter jurisdiction and its authority:

Subject matter jurisdiction is the power of a court “to hear and determine cases of the general class to which the proceedings in question belong, not merely the particular case then occupying the court’s attention.” Such jurisdiction flows from the constitution or from statutes and cannot be conferred by consent, waiver, or estoppel.
As we pointed out in [State v. Mandicino, 509 N.W.2d 481, 482 (Iowa 1993)],
[sjubject matter jurisdiction should not be confused with authority. “A court may have subject matter jurisdiction but for one reason or another may not be able to entertain a particular case. In such a situation we say the court lacks authority to hear that particular case.”

State v. Yodprasit, 564 N.W.2d 383, 385 (Iowa 1997) (citations omitted). A court may lack authority to hear a particular ease “where a party fails to follow the statutory procedures for invoking the court’s authority.” Schrier v. State, 573 N.W.2d 242, 244-45 (Iowa 1997).

Applying these principles to the present case, the State asserts that compliance with the requirements of section 232.45 for transfer of jurisdiction from the juvenile court to the district court merely establishes the district court’s authority over the particular case that is the subject of the transfer.

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Cite This Page — Counsel Stack

Bluebook (online)
636 N.W.2d 116, 2001 Iowa Sup. LEXIS 219, 2001 WL 1438237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-emery-iowa-2001.