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Case No. 18-1385

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Phillip Williams

Appellee

State of Iowa

Appellant

Phillip Williams

Attorneys for Appellee

Sheryl Soich, Assistant Attorney General

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1385
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J. (5 pages)

            Phillip Williams appeals his sentence following his guilty plea to attempted burglary.  At sentencing, Williams limited his expression of remorse to what his crime “cost [him in] custody, visitation, [and] phone contacts . . .  [f]or the better part of a year.”  The sentencing court considered Williams’s lack of attention to the victim’s situation among the many factors it weighed before choosing to send him to prison.  Williams contends the sentencing court abused its discretion in considering his failure to acknowledge how his actions “affected the victim of this case.”  OPINION HOLDS: A defendant’s attitude about his crime informs what he needs to accomplish in his rehabilitation.  Nothing in this record shows the sentencing court abused its discretion by relying on an improper factor.

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