 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Miles5/15/2002
Defendant Rex Allen Miles, a/k/a Jason Baker, appeals following his guilty plea, judgment and sentence on the charge of making a false report in violation of Iowa Code section 712.7 (1999). AFFIRMED AND REMANDED WITH DIRECTIONS.
Defendant Rex Allen Miles, a/k/a Jason Baker, appeals following his guilty plea, judgment and sentence upon the charge of making a false report in violation of Iowa Code section 712.7 (1999). The district court sentenced Miles to a five-year term of incarceration and ordered him to pay $73,638.78 in restitution to the school districts affected by his bomb threat. Miles appeals, contending the district court erred in ordering restitution. He also claims he was denied effective assistance of counsel in several respects. We affirm Miles's conviction. We also affirm the court's restitution order subject to one modification.
I. BACKGROUND FACTS AND PROCEEDINGS.
Oelwein High School principal, Tim Gilson, received a phone call at his home around 7:15 a.m. on February 16, 1999. According to Gilson, a male caller made "some reference to a bomb or a bus" in a muffled voice. Gilson informed the Oelwein police about the call and reported the local phone number displayed on his caller ID. The police determined the call was placed from a pay phone at Kennedy's Super Value in Oelwein. The next morning, Gilson received another phone call after he arrived at school. The male caller said, "You didn't take me serious," and hung up.
On Friday, February 19, 1999, a Waterloo radio station received a call at 8:15 a.m. The male caller stated, "There is a bomb in a Fayette school and it's going to blow today!" A station employee checked the caller ID and found the call had been placed from 283-9807, the number of the pay phone at Kennedy's Super Value. The radio station contacted the Fayette County Sheriff's Department. As a result of the bomb threat, all schools in Fayette County were notified, evacuated, and searched for explosives. No bombs or incendiary devices were found.
Law officers immediately initiated an investigation to uncover the source of the bomb threat. Within a few days, Rex Miles was identified as a prime suspect. On March 4, 1999, Miles was arrested on an outstanding warrant for a probation violation. Officers questioned him regarding the bomb threat and asked if he would submit to a polygraph examination. Miles agreed. After failing the test, he admitted that he placed the threatening calls.
On March 6, 2000, Miles pled guilty to a charge of making false reports. A sentencing hearing was held on May 31, 2000. The court sentenced Miles to a term of imprisonment not to exceed five years. As part of its written judgment and sentence, the district court ordered Miles to pay $73,638.78 in victim restitution to the school districts affected by his bomb threat. The court also ordered him to make restitution for court-appointed attorney's fees and court costs.
Miles appeals. He claims the district court should not have ordered restitution to the school districts affected by his threats because they are "public agencies" and therefore not entitled to victim restitution. He also argues the district court should have imposed community service in lieu of a monetary award of restitution and asserts that if restitution is available under the facts of this case, the sentencing court erred in determining the amount he owed. Miles also asserts he was denied effective assistance of counsel.
II. RESTITUTION.
Restitution is a mandatory part of sentencing in Iowa. State v. Mai, 572 N.W.2d 168, 171 (Iowa Ct. App. 1997). In all criminal cases where there is a guilty verdict "the sentencing court
Page 1 2 3 4 5 6 Iowa DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|