State v. Smith

The Supreme Court affirmed Defendant’s conviction of second-degree burglary and reversed the habitual offender judgment and Defendant’s sentence, holding that Defendant’s stipulation to being a habitual offender was not knowingly and voluntarily made.A jury found Defendant guilty of burglary in the second degree. While the jury was in deliberations, Defendant’s counsel informed the court that Defendant would stipulate to predicate priors for the habitual offender charge. The district court sentenced Defendant as a habitual offender to incarceration not to exceed fifteen years and ordered restitution. On appeal, Defendant argued that the district court failed to comply with the requirements set forth in State v. Harrington, 893 N.W.2d 36 (Iowa 2017), in accepting his habitual offender stipulation. The Supreme Court agreed, holding that the stipulation was not knowingly and voluntarily made because the stipulation proceedings did not comply with the Harrington requirements. The Court remanded the case for further proceedings consistent with Harrington. View "State v. Smith" on Justia Law