IN THE COURT OF APPEALS OF IOWA
No. 14-0936
Filed May 6, 2015
STATE OF IOWA,
Plaintiff-Appellee,
vs.
DARRYL LAROY MOSLEY,
Defendant-Appellant.
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Appeal from the Iowa District Court for Story County, Steven P. Van
Marel, District Associate Judge.
Defendant appeals the sentence imposed on his conviction for possession
of contraband on the grounds of a correctional facility. AFFIRMED.
Shawn Smith, Ames, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney
General, Stephen Holmes, County Attorney, and Keisha F. Cretsinger and
Jonatha Holscher, Assistant County Attorneys, for appellee.
Considered by Vogel, P.J., Potterfield, J., and Sackett, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2015).
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SACKETT, S.J.
Defendant Darryl Mosley appeals the sentence imposed on his conviction
for possession of contraband on the grounds of a correctional facility. We
determine the court did not abuse its discretion by sentencing Mosley to five
years in prison, rather than placing him on probation. We affirm his conviction
and sentence for possession of contraband on the grounds of a correctional
facility.
I. Background Facts and Proceedings
On December 11, 2013, Darryl Mosley was arrested on burglary charges
and transported to the Story County Jail. When he was searched by jail staff a
plastic baggie containing marijuana was found in his pocket. Mosley was
charged with possession of contraband on the grounds of a correctional facility,
in violation of Iowa Code section 719.7(3)(a) (2013), a class “D” felony.
Mosley entered a guilty plea to the charge of possession of contraband on
the grounds of a correctional facility. Between the date of the plea hearing, on
April 2, 2014, and the date of the sentencing hearing, May 13, 2014, Mosley was
arrested on charges of unlawful possession of a prescription drug, driving while
suspended, and failure to maintain control. His pretrial release was terminated.
A presentence investigation (PSI) report was prepared that detailed
Mosley’s extensive criminal history. Mosley, who was then fifty-two years old,
had criminal convictions dating back to 1980 and continuing forward. He had
previous convictions for armed robbery (1980), second-degree burglary (1980,
2005), robbery (1981), introduction of contraband into a county jail (1982),
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possession of cocaine (2005), possession of drug paraphernalia (2009),
operating while intoxicated (2009, 2010), and domestic abuse assault (2012).
The PSI stated Mosley was at a high risk to reoffend, and he “has demonstrated
a pattern of criminality and has had little success on community supervision.”
The PSI recommend a sentence of five years in prison.
At the sentencing hearing the State recommended Mosley be given a
suspended five-year sentence and be placed on probation for two years.
Defense counsel also asked that Mosley be placed on probation, pointing out he
was employed, had family support in the area, and had a stable residence. The
court made the following statement:
Well, Mr. Mosley, the purpose of sentencing you here today
is to do two things. It is meant to rehabilitate you and to protect our
community from further offenses from you. I think, Mr. Mosley,
what this sentence needs to make you understand is that you
cannot continue to make decisions like you have in the past
because if you do, you will end up spending the rest of your life in
jail or prison.
You have a very long prior criminal history. There are some
pretty serious charges, there are some less serious charges, and
really you have committed crimes pretty steadily almost throughout
your adult life, including crimes that you committed pretty recently
here in Story County. Granted, the last couple were simple
misdemeanors, but they were assault offenses. Then in Polk
County in 2010 you’ve got an OWI, then before that it’s just another
whole series of crimes that you have committed. Now you’re here
in court on a felony offense for bringing controlled substances into
the jail.
Mr. Mosley, the presentence investigation recommendation
obviously is prison. They find that you are at a high risk to re-
offended and I have to agree with that, Mr. Mosley. There’s nothing
in this record that indicates to me that you are going to be
rehabilitated on probation. I just don’t see that happening. Given
your lack of success in the past after having been on probation,
after having been in jail and prison, you’re still committing criminal
offenses, you’re still placing people at risk, and I think if I give you
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probation it will be a short time before you’re back in court because
you violated probation by committing new criminal offenses.
The court sentenced Mosley to a term of imprisonment not to exceed five
years. Mosley filed a motion to reconsider his sentence, which was denied by
the court. He now appeals his sentence on the charge of possession of
contraband on the grounds of a correctional facility.
II. Standard of Review
Where a defendant’s sentence is within the statutory limits, it will not be
vacated on appeal unless there has been an abuse of discretion or a defect in
the sentencing procedures. State v. Washington, 832 N.W.2d 650, 660 (Iowa
2013). There is an abuse of discretion when the grounds for the court’s decision
are clearly untenable or unreasonable. State v. Barnes, 791 N.W.2d 817, 827
(Iowa 2010).
III. Merits
Mosley claims the court abused its discretion by sentencing him to five
years in prison. He contends the court considered only his criminal history and
did not consider other mitigating factors, such as his employment, family support,
substance abuse and mental health treatment, and the recommendations of the
prosecutor and defense attorney. He states several of his criminal convictions
occurred twenty years ago and asserts he was attempting to turn his life around
by getting away from criminal activities.
In sentencing a defendant, a court should enter a sentence which will
“provide maximum opportunity for the rehabilitation of the defendant, and for the
protection of the community from further offenses by the defendant and others.”
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Iowa Code § 901.5. In determining whether probation or a prison sentence is
appropriate, the court should consider the defendant’s age, prior criminal history,
employment, family circumstances, mental health and substance abuse history;
the nature of the offense; and other appropriate factors. Id. § 907.5(1); State v.
Pappas, 337 N.W.2d 490, 493 (Iowa 1983). “In the end, a court makes each
sentencing decision on an individual basis and seeks to fit the particular person
affected.” State v. Hopkins, 816 N.W.2d 550, 555 (Iowa 2015).
We determine the court did not abuse its discretion by sentencing Mosley
to five years in prison, rather than placing him on probation. The sentence was
in accordance with the recommendation of the PSI. The court noted Mosley’s
chances for rehabilitation and the need for protection of the community. The
court also considered Mosley’s criminal history, noting that while some of his
convictions were in the past, some were recent. The court also noted that while
some of Mosley’s convictions were less serious, some were “pretty serious
charges.” The court further considered that Mosley had not been successful
when placed on probation in the past.
We affirm Mosley’s conviction and sentence for possession of contraband
on the grounds of a correctional facility.
AFFIRMED.