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State of Iowa, Plaintiff–Appellee, v. Destiny Bailey Dweh, Defendant–Appellant.
Clive police found Destiny Dweh driving a stolen vehicle. She pled guilty to operating a motor vehicle without the owner's consent, an aggravated misdemeanor in violation of Iowa Code section 714.7 (2024). The district court granted her a deferred judgment and placed her on probation.
Five months later, a lengthy report of probation violations was filed, detailing among other violations Dweh's failure to attend required programming, failure to pay fines or fees, positive drug tests, and refusals to drug test. Dweh stipulated to multiple violations and was held in contempt, subject to purge if she completed substance-abuse and mental-health evaluations, attended programming, and complied with terms of probation.
Two months after that, another report of violation detailed that Dweh failed to complete the required substance-abuse evaluation, would not follow mental-health treatment recommendations, and had another positive drug test. She again stipulated to the violations.
Following a contested hearing, the district court revoked Dweh's deferred judgment and ordered her incarceration. The court emphasized Dweh's multiple probation violations, unmet mental-health needs, noncompliance with treatment, and refusal to abide by terms of probation.
Dweh appeals, claiming the court failed to adequately consider her lack of criminal history and mental health. But our review is for abuse of discretion. State v. Covel, 925 N.W.2d 183, 187 (Iowa 2019). And the court was not required to name each mitigating factor. State v. Boltz, 542 N.W.2d 9, 11 (Iowa Ct. App. 1995). We discern no abuse of discretion given Dweh's repeated probation violations.
AFFIRMED.
Opinion by Buller, J.
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Docket No: No. 25-0844
Decided: April 15, 2026
Court: Court of Appeals of Iowa.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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