STATE v. WEST (2020)

Melissa West pled guilty to operating a motor vehicle while intoxicated. The court granted a deferred judgment and ordered probation. Multiple probation violations were reported. Ultimately, the district court revoked West's deferred judgment and imposed a thirty-day jail sentence. We affirm.

Iowa Code section 907.3 (2017) governs deferred judgments and their revocation. It provides, in relevant part: “Upon a showing that the defendant is not cooperating with the program of probation or is not responding to it, the court may withdraw the defendant from the program, pronounce judgment, and impose any sentence authorized by law.” Iowa Code § 907.3(1)(b); see also id. § 908.11(4). We review revocations for abuse of discretion. See State v. Liddell, 672 N.W.2d 805, 816 (Iowa 2003).

On appeal, West claims “the State failed to show that” she “was not cooperating with the program of probation or was not responding to it.” “Accordingly,” West argues “the district court should not have revoked” her deferred judgment “and should have kept” her “on probation.”

We disagree. West's own written admissions show she failed to cooperate with probation. She signed and filed a stipulation that stated:

Still, at the hearing on reported violations, the district court considered West's statements in mitigation, including her claims that she was engaged in treatment, she has strong family support, and she has no access to a vehicle.

But the hearing record also showed West had a substantial history with methadone, driving while intoxicated, and automobile accidents. And the court was not convinced West would no longer drive while abusing methadone. “[T]hat's when you endanger the public,” the court noted.

Ultimately, the court concluded “continued probation is inappropriate” in light of West's “violations of probation” as well as the need for “rehabilitation of the defendant and protection of the public from future offenses.” This conclusion fell well within the court's discretion. We affirm.

AFFIRMED.

MAY, Judge.