State v. Rheuport, 57385
| Decision Date | 22 January 1975 |
| Docket Number | No. 57385,57385 |
| Citation | 225 N.W.2d 122 |
| Parties | STATE of Iowa, Appellee, v. Dennis Kirk RHEUPORT, Appellant. |
| Court | Iowa Supreme Court |
Phillip F. Miller, Des Moines, for appellant.
Richard C. Turner, Atty. Gen., Nancy J. Shimanek, Asst. Atty. Gen., Ray A. Fenton, County Atty., and William Price, Asst. County Atty., for appellee.
Heard before MOORE, C.J., and RAWLINGS, LeGRAND, HARRIS and McCORMICK, JJ.
Dennis Kirk Rheuport (defendant) was indicted for larceny of a motor vehicle in violation of § 321.82, The Code. On November 7, 1973 he entered a plea of guilty to the charge and was sentenced for a term of not to exceed ten years. The sentence thus imposed was suspended and defendant was placed on probation for a two year period, pursuant to Acts of the 65th G.A., 1973 Regular Session, ch. 295, § 1(2).
On March 31, 1974 defendant was arrested in connection with a subsequent incident and again charged with larceny of a motor vehicle. Defendant's probation officer thereafter filed a report with the trial court. A hearing was held to determine whether defendant had violated his probation conditions so as to call for revocation of his probation.
Defendant resisted the revocation and, prior to hearing, applied for a psychiatric examination and evaluation. The application for psychiatric evaluation was denied and defendant's probation was revoked. He then undertook this direct appeal.
I. We considered a direct appeal from a probation revocation in State v. Hughes, 200 N.W.2d 559 (Iowa 1972). We thereafter declined to reach the merits of a claim a probation had been improperly revoked in State v. Halsne, 219 N.W.2d 657 (Iowa 1974). In Halsne we held the notice of appeal was insufficient to reach the merits of the claim probation was improperly revoked.
In this appeal defendant's notice of appeal challenges revocation of his probation. We must therefore decide whether a direct appeal is allowable from revocation of probation, parole or conditional release. We believe and hold the postconviction procedure authorized for such cases by section 663A.2(5), The Code, is exclusive.
Section 663A.2 provides in part:
'* * *
...
To continue reading
Request your trial
-
State v. Darrin, 67365
...for testing revocation of probation; however, here we agreed to discretionary review pursuant to section 814.6(2)(e). State v. Rheuport, 225 N.W.2d 122, 123 (Iowa 1975); but see State v. Jones, 247 N.W.2d 735, 736 (Iowa The court may revoke the probation if the person on probation violates ......
-
State v. Farmer, 57983
...appeal from that judgment. In contending otherwise the State relies upon State v. Halsne, 219 N.W.2d 657 (Iowa 1974), and State v. Rheuport, 225 N.W.2d 122 (Iowa 1975). This reliance is misplaced. Those cases involved proceedings in which probation was granted after, rather than before, imp......
-
Rhiner v. State
...419 N.W.2d 405, 407 (Iowa 1988))). Postconviction relief is a proper remedy to seek review of a revocation of parole. State v. Rheuport, 225 N.W.2d 122, 123 (Iowa 1975). Yet, any lack of notice to the sentencing judge concerning the parole violation relates to a defect in the sentencing hea......
-
State v. Allen, 85-664
...that probation revocation can be challenged only by application for postconviction relief and not by direct appeal. State v. Rheuport, 225 N.W.2d 122, 123 (Iowa 1975). Allen's application for postconviction relief did not raise the claims stated in his "motion for new trial," and we will no......