State v. Brace, 54319
| Decision Date | 10 November 1970 |
| Docket Number | No. 54319,54319 |
| Parties | STATE of Iowa, Appellee, v. Larry Lee BRACE, Appellant. |
| Court | Iowa Supreme Court |
Getscher & Getscher, Hamburg, for appellant.
Richard C. Turner, Atty. Gen., Michael J. Laughlin, Asst. Atty. Gen., And Gene Eaton, County Atty., Sidney, for appellee.
The main question to be resolved in this appeal is whether a sentence of 25 years imposed by the trial court for aggravated robbery is too severe.
Defendant, aged 28, was born and reared in southwest Iowa. The family was unstable and moved about frequently. The father and mother had but limited education. Defendant seems to have a mental block as to his youth and can remember only parts of it. He is not mentally ill or subnormal, but his intellectual capacity is toward the low end of the normal range. He is not articulate, keeps his problems bottled up, and is a loner. He attended school to the tenth grade.
Defendant is an honorably discharged veteran of the United States Navy. His only trouble in the service occurred when his locker was found to contain another sailor's hat. As a civilian his only prior conviction was for drinking beer on the highway, for which he paid a fine of $25.
Defendant is married to the former Stella Carrell. She was married before, had one child by that marriage, and obtained a divorce from her first husband because of physical abuse by him. She appears to be a stable person and careful with money. Defendant and Stella have a small daughter, and defendant has adopted Stella's first child.
Defendant is a skilled meat cutter who can earn good wages. Prior to the events in question, he and Stella bought a locker plant in a small town, but they lost it for want of customers. They were left with a substantial debt including a mortgage on their furniture. Defendant went to work in a packing house, and Stella got a job at a Holiday Inn.
At this point defendant commenced unlawful activity of a grave nature. He first entered a store in Council Bluffs, Iowa, intending to rob. But the till was attended by a rather large man, and defendant lost his nerve. He bought some chili powder and walked out.
Thereafter defendant entered another store in Council Bluffs intending to rob. He carried his skinning knife with him. The attendant was a woman. Defendant got behind her by the ruse of asking for chili powder, put his knife to her throat, demanded the money in the till amounting to about $40, compelled the attendant to accompany him as far as his car, and departed.
Defendant took the money from this robbery plus other money and bought a revolver. He next went to a supper club in Mills County, Iowa, which was also attended by a woman. When no customers were present, he held up the woman with his loaded revolver, obtained about $80, and left. He subsequently lied to his wife that he had won money gambling.
A few days later, in Fremont County, Iowa, defendant again took his gun and went to a store attended by a woman. He demanded money at gun point, but when the woman backed away and remonstrated, defendant became frightened and fled. Shortly afterward he was apprehended in possession of the gun.
Defendant was not charged, of course, for his unsuccessful first effort in Council Bluffs. For his successful second effort in that city he was charged with Defendant and his attorney were furnished a copy of this charge.
Defendant was similarly charged in Mills County, with reference to the occurrence there. In Fremont County he was charged with two offenses--assault with intent to rob, contrary to § 694.7 of the Code, and carrying a concealed weapon.
Defendant pled guilty to the Pottawattamie charge of robbery with aggravation and to the Fremont charge of assault with intent to rob. The other two charges were dropped. The pleas were accepted after hearings at which the trial court satisfied itself as to their propriety by examining defendant orally. A presentence investigation was made, and both counsel were furnished copies of the presentence report. A consolidated hearing was then held on the question of sentence, at which defendant sought...
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