State v. Canas, 96-1526
| Decision Date | 26 November 1997 |
| Docket Number | No. 96-1526,96-1526 |
| Citation | 571 N.W.2d 20 |
| Parties | STATE of Iowa, Appellee, v. Jose CANAS, Appellant. |
| Court | Iowa Supreme Court |
Ryan B. Moorman, West Des Moines, for appellant.
Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, Richard R. Phillips, County Attorney, and Kerrie Snyder, Assistant County Attorney, for appellee.
Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.
In this case we review the statutory provisions allowing credit for days served on a sentence and the allowance of good conduct time in reduction of the sentence. Upon defendant's motion for correction of his sentence, the court granted some but not all credit requested by the defendant. On appeal, we affirm in part, reverse in part, and remand with directions.
Jose Edward Canas was charged with possession of cocaine with intent to deliver, a class "C" felony, in violation of Iowa Code section 204.401(1)(a) (1989). 1 The charge stemmed from an incident in April 1989. Canas was tried and found guilty of the charge. On January 19, 1990, a judgment of conviction was entered and he was committed to the custody of the director of the Iowa department of corrections for a term not to exceed ten years with credit on the sentence for time he spent in the county jail in connection with the charge.
While serving the 1990 sentence he was charged with delivery of cocaine, a class "C" felony, in violation of Iowa Code section 204.401(1)(a). This charge arose from an incident in October 1989. Canas was tried and found guilty of the charge. On July 18, 1991, a judgment of conviction was entered by the district court and Canas was committed to the custody of the director of the Iowa department of corrections for a term not to exceed ten years to run concurrently with the 1990 conviction and sentence. The court gave Canas no credit for time served prior to the July 18 sentencing.
Canas filed a motion for reconsideration of the 1991 sentence asking a less-severe sentence be substituted. See Iowa Code § 902.4. The State made no objection to the motion. The court set the motion for hearing and ordered a report from the correctional institution on Canas' behavior and progress at the institution. After receiving the report from the institution stating Canas had no major disciplinary infractions and had completed all recommended treatment programs, the district court reconsidered the 1991 sentence. On November 18, 1991, the court ordered the 1991 sentence be suspended, Canas be placed on probation for two years, and that the sentence run concurrently with any other sentences imposed.
On January 27, 1992, Canas was granted parole on the 1990 sentence. He completed serving the sentence on January 5, 1995 and was discharged from parole. While on parole, Canas was also on probation for the 1991 conviction. He made application for a two-year extension of his probation that was to expire on November 18, 1993. The court approved and ordered the extension.
In August 1995, the court found Canas had violated the terms of his probation and he was ordered to participate in and successfully complete a drug treatment program. On October 19 his probation was revoked for failure to comply with the court's order and he was returned to the correctional facility to serve the sentence imposed in July 1991. He was given no credit for time served.
On July 2, 1996, Canas filed a motion for correction of his 1991 sentence. He urged the district court lacked authority to reconsider the 1991 conviction and sentence, that the sentence imposed by the court on November 18, 1991 was illegal, that the court had no authority to extend his probation, and that he was entitled to credit on his sentence for time served and to credit for good conduct time while on parole.
Judge Darbyshire found Canas had not been prejudiced by the reconsideration of his sentence and that he was entitled to credit for 191 days (July 18, 1991-January 25, 1992) upon the 1991 sentence. The court did not allow credit for days served prior to the sentencing or while Canas was accruing credit and good conduct time while on parole. Canas appealed the court's ruling.
Whether Canas is entitled to credit is a matter of statutory construction and application. Statutory construction involves questions of the law that we review without deference to the trial court. See State v. Bond, 493 N.W.2d 826, 828 (Iowa 1992).
Before addressing the credit issue, we will consider the preliminary challenge that the court lacked authority to grant or extend probation after initially imposing an indeterminate ten-year sentence.
Generally, the court is allowed, for a period of ninety days from the date of conviction of a felony, to review its previous action and reaffirm or substitute for it any sentence permitted by law. Iowa Code § 902.4. Under section 902.4, a judge is "permit[ted] ... to replace a sentence of incarceration in the custody of the director of corrections (subject to the powers of the board of parole) with a sentence of probation subject to conditions imposed by the sentencing judge." Coleman v. Iowa Dist. Ct., 446 N.W.2d 806, 807 (Iowa 1989). However, the court is not allowed to reconsider a felony conviction for which a minimum sentence of confinement is imposed. Iowa Code § 902.4. A person sentenced pursuant to section 204.401(1)(a) or (b) is not eligible for parole until the person has served a minimum period of confinement of one-third of the maximum indeterminate sentence. Id. § 204.413. Canas was sentenced pursuant to section 204.401(1)(a). We agree he was not eligible for reconsideration of his 1991 conviction and sentence.
However, Canas petitioned for reconsideration of his 1991 sentence. As a result of the court's reconsideration of his sentence, Canas became eligible for parole on his 1990 sentence in January 1992 rather than March 1993.
Having requested reconsideration of his 1991 sentence, Canas cannot now claim it was reversible error for the court to grant his request. An inmate cannot object to the action taken by the court where the court granted the relief requested by the inmate. See Jasper v. State, 477 N.W.2d 852, 856 (Iowa 1991). A defect in the court's authority to grant a suspended sentence can be avoided by consent, waiver, or estoppel. See State v. Mandicino, 509 N.W.2d 481, 482-83 (Iowa 1993). Canas waived his objection to reconsideration of his 1991 sentence by requesting this relief.
Likewise, the court has authority to fix the length of probation. Iowa Code § 907.7. If the offense is a felony, the length of probation is not less than two years and not more than five years. Id. Although the court placed Canas on probation for two years, by requesting a two-year extension Canas waived his objection to the extension. Mandicino, 509 N.W.2d at 482-83.
Preconviction credit for days served is allowed by Iowa Code section 903A.5, which provides in part:
An inmate shall not be discharged from the custody of the director of the Iowa department of corrections until the inmate has served the full term for which the inmate was sentenced, less good conduct time earned and not forfeited, unless the inmate is pardoned or otherwise legally released.... An inmate shall be deemed to be serving the sentence from the day on which the inmate is received into the institution. However, if an inmate was confined to a county jail or other correctional or mental facility at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal, because of failure to furnish bail or because of being charged with a non-bailable offense, the inmate shall be given credit for the days already served upon the term of the sentence. The clerk of the district court of the county from which the inmate was sentenced, shall certify to the warden the number of days so served.
Credit for good conduct time is provided by Iowa Code section 903A.2, which provides in part:
Each inmate of an institution under the Iowa department of corrections, is eligible for a reduction of sentence of one day for each day of good conduct of the inmate while committed to one of the department's institutions.... Computation of good conduct time is subject to the following conditions:
1. Time served in jail or other facility, credited by the clerk of court prior to actual placement in a correctional institution, shall accrue for purposes of reduction of sentence under this section.
If the court imposes consecutive sentences, the second or further sentence begins at the expiration of the first or succeeding sentence. See Iowa Code § 901.8. Consecutive sentences are construed as one continuous sentence in granting or forfeiting of good conduct time. Id. § 903A.7.
If the court imposes concurrent sentences, the sentences must be served simultaneously in whole or in part. Walton v. State, 407 N.W.2d 588, 590 (Iowa 1987). "To be entitled to sentence credit for presentence time served, the defendant must have been detained for the offense of which he ultimately is convicted." Id. at 591. A defendant is not entitled to presentence time served while incarcerated on an unrelated conviction. State v. Orte, 540 N.W.2d 435, 438 (Iowa 1995).
Here, both the State and Canas agree the allowance of no credit for time served on the 1991 conviction was incorrect. The court in its ruling on the motion for correction of sentence concluded Canas should...
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