State of Iowa
v.
Antonyo Machado
Appellee
State of Iowa
Appellant
Antonyo Machado
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
William Monroe
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ. Opinion by Bower, C.J. Special concurrence by Doyle, J. Dissent by Vaitheswaran, J. (8 pages)
Antonyo Machado appeals his plea of guilty to possession of a controlled substance, first offense, asserting the district court abused its discretion in imposing sentence rather than deferring judgment. OPINION HOLDS: The record before us does not show Machado’s plea was conditioned upon the court granting Machado a deferred judgment. The district court explained why it was not inclined to defer judgment, and the reasons given were not untenable or unreasonable. The district court did not abuse its sentencing discretion. We affirm. SPECIAL CONCURRENCE ASSERTS: Based upon the record, including Machado’s signing the State’s plea offer, I agree with the majority that the record does not show Machado’s plea was conditioned upon the court granting him a deferred judgment. DISSENT ASSERTS: I believe the plea was conditioned upon the court’s concurrence and, when the district court declined to grant Machado a deferred judgment as set forth in the written plea of guilty, the court was obligated to afford Machado the opportunity to withdraw the plea.
