State v. Green, 22-0344

CourtCourt of Appeals of Iowa
Writing for the CourtBADDING, Judge
PartiesSTATE OF IOWA, Plaintiff-Appellee, v. JOSHUA DEAN GREEN, Defendant-Appellant
Docket Number22-0344
Decision Date17 November 2022

STATE OF IOWA, Plaintiff-Appellee,
v.

JOSHUA DEAN GREEN, Defendant-Appellant

No. 22-0344

Court of Appeals of Iowa

November 17, 2022


Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.

Defendant appeals the sentences imposed on his criminal convictions.

Jessica A. Millage of Flanagan Law Group, PLLC, Des Moines, for appellant.

Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney General, for appellee.

Considered by Bower, C.J., and Greer and Badding, JJ.

1

BADDING, Judge

Joshua Green appeals the consecutive sentences imposed on his convictions for multiple crimes,[1] claiming the district court sentenced him to prison "without due consideration of mitigating factors." We review this claim for an abuse of discretion. See State v. Hill, 878 N.W.2d 269, 272 (Iowa 2016). Finding none, we affirm.

Over the span of thirteen months, the State charged Green with seven crimes in three separate criminal cases. The trial information in the first case alleged that in February 2020, Green operated two motor vehicles without the owner's consent and while his license was barred. About two months later, Green was charged with two counts of first-degree harassment and witness tampering for posting partially nude photographs of the victim in his first case. In April 2021, Green was charged with tampering with the same witness again.

Green filed written guilty pleas to each of these crimes in exchange for the State's agreement to cap its recommendation for prison at six years. At the sentencing hearing, Green's attorney asked for suspended sentences instead so that Green could "address not only substance abuse, but his mental health issues in the community, consistent with the recommendation of the presentence investigation" report for probation. He highlighted Green's accountability, pointing out he "did literally plead to every charge he's been charged with." And he asserted

2

there had been "no ongoing issues as it relates to this victim as of spring of last year."

The district court considered those mitigating factors but decided to impose a mix of concurrent and consecutive sentences for a total indeterminate prison term of six years, reasoning: "The defendant does have a fairly lengthy record, and as set forth in the presentence investigation [report], the [c]ourt is particularly concerned by the weapons charges that he has, knives and firearms, a history of continued violations. He's on probation, he's been revoked, sent to prison before." The court was concerned by Green's recent conviction for possession of a firearm by a felon-a crime he committed in September 2021 while...

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