State v. Brady, 442 N.W.2d 57 (Iowa 1989). · Go Syfert
State v. Brady, 442 N.W.2d 57 (Iowa 1989). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, 2015–2017 · 2 courts · …payment of money under a court order, standing alone, does not make it punishment. at p. 59
89 citation events (77 in the last 25 years) across 4 distinct courts.
Strongest positive: State of Iowa v. Thierno Yaya Diallo (iowa, 2017-12-22)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Iowa v. Thierno Yaya Diallo
Iowa · 2017 · quote attribution · 1 verbatim quote · confidence high
payment of money under a court order, standing alone, does not make it punishment.
discussed Cited as authority (verbatim quote) State of Iowa v. Thierno Yaya Diallo
Iowa Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
payment of money under a court order, standing alone, does not make it punishment.
discussed Cited as authority (verbatim quote) State of Iowa v. Kevin Duane Fisher II
Iowa Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
payment of money under a court order, standing alone, does not make it punishment.
discussed Cited as authority (verbatim quote) State of Iowa v. Danny Dean Doty
Iowa Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
an admission by a defendant of prior convictions cannot be said to be a plea of guilty to an habitual offender 'charge,' moreover, habitual offender statutes do not charge a separate offense.
examined Cited as authority (verbatim quote) State of Iowa v. Justin Jentz
Iowa Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
an admission by a defendant of prior convictions cannot be said to be a plea of guilty to an habitual offender 'charge,' moreover, habitual offender statutes do not charge a separate offense. they only provide for enhanced punishment on the current offense.
discussed Cited as authority (verbatim quote) State Of Iowa Vs. Benjamin Thomas Gordon (2×) also: Cited "see"
Iowa · 2007 · signal: accord · quote attribution · 1 verbatim quote · confidence high
an admission by a defendant of prior convictions cannot be said to be a plea of guilty to an habitual offender 'charge' . . . .
discussed Cited as authority (verbatim quote) State v. Gordon (2×) also: Cited "see"
Iowa · 2007 · signal: accord · quote attribution · 1 verbatim quote · confidence high
an admission by a defendant of prior convictions cannot be said to be a plea of guilty to an habitual offender 'charge' ....
examined Cited as authority (quoted) State v. McBride (3×) also: Cited as authority (rule)
Iowa Ct. App. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
an admission by a defendant of pri- or convictions cannot be said to be a plea of guilty to an habitual offender 'charge,' moreover, habitual offender statutes do not charge a separate offense.
discussed Cited as authority (rule) State of Iowa v. Eddie DeLong
Iowa Ct. App. · 2019 · confidence medium
The scope of this colloquy is comparable to the colloquy required under Iowa Rule of Criminal Procedure 2.8(2) governing guilty pleas because a “defendant’s admission of prior . . . convictions which provide the predicate for sentencing [enhancements] is so closely analogous to a plea of guilty.” State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989).
discussed Cited as authority (rule) State of Iowa v. Cody Aaron Deneve
Iowa Ct. App. · 2019 · confidence medium
See Weitzel, 905 N.W.2d at 408 (noting “the maximum possible punishment includes the surcharges” and the court must inform the defendant of the surcharges and ensure the defendant understands them); State v. Fisher, 877 N.W.2d 676, 685 (Iowa 2016) (noting rule 2.8(2)(b)(2) requires the court do advise a defendant of “direct consequences of the plea”); State v. Brady, 442 N.W.2d 57, 59 (Iowa 1989) (stating a fine is a direct consequence of a guilty plea); see also Castro, 795 N.W.2d at 792–93 (discussing pre-plea irregularities bearing on the knowing-and- voluntary nature of a guilty …
examined Cited as authority (rule) State of Iowa v. Andre Letroy Antwan Harrington (4×) also: Cited "see"
Iowa · 2017 · confidence medium
Kukowski, 704 N.W.2d at 692 ; State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989).
discussed Cited as authority (rule) Amended June 14, 2017 State of Iowa v. Andre Letroy Antwan Harrington (2×) also: Cited "see"
Iowa · 2017 · confidence medium
Kukowski, 704 N.W.2d at 692 ; State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989).
discussed Cited as authority (rule) State of Iowa v. Andre Letroy Antwan Harrington (2×) also: Cited "see"
Iowa · 2017 · confidence medium
Kukowski, 704 N.W.2d at 692 ; State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989).
cited Cited as authority (rule) State of Iowa v. Justin J. Zobel
Iowa Ct. App. · 2016 · confidence medium
“Payment of money under a court order, standing alone, does not make it punishment.” State v. Brady, 442 N.W.2d 57, 59 (Iowa 1989) (holding court costs are not punishment).
cited Cited as authority (rule) State of Iowa v. Ricky L. Gray
Iowa Ct. App. · 2016 · confidence medium
State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989).
discussed Cited as authority (rule) State v. Bruegger (2×)
Iowa · 2009 · confidence medium
In Oetken , we acknowledged that "`defendant's admission of prior felony convictions which provide the predicate for sentencing as an habitual offender is so closely analogous to a guilty plea that it is appropriate to refer to our rules governing guilty pleas. . . .'" Oetken, 613 N.W.2d at 687 (quoting State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989)).
discussed Cited as authority (rule) State Of Iowa Vs. Jordan Kevin Lamar Bruegger
Iowa · 2009 · confidence medium
In Oetken, we acknowledged that “ ‘defendant’s admission of prior felony convictions which provide the predicate for sentencing as an habitual offender is so closely analogous to a guilty plea that it is appropriate to refer to our rules governing guilty pleas . . . .’ ” Oetken, 613 N.W.2d at 687 (quoting State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989)).
examined Cited as authority (rule) State v. Kukowski (3×) also: Cited "see", Cited "see, e.g."
Iowa · 2005 · confidence medium
In order to knowingly stipulate, a defendant should have an adequate grasp of the implications of his or her stipulation.” (Citation omitted.)); see also Oetken, 613 N.W.2d at 688 (indicating trial courts have a “duty to inform the defendant as to the ramifications of an habitual offender adjudication”); State v. Bumpus, 459 N.W.2d 619, 626 (Iowa 1990) (“In State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989) we recognized the fact that an admission of prior felony convictions ‘which provide the predicate for sentencing as an habitual offender is so closely analogous to a plea of guilty’ …
cited Cited as authority (rule) State v. Woody
Iowa · 2000 · confidence medium
State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989).
discussed Cited as authority (rule) State v. Bumpus
Iowa · 1990 · confidence medium
In State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989) we recognized the fact that an admission of prior felony convictions “which provide the predicate for sentencing as an habitual offender is so closely analogous to a plea of guilty” that our rules governing guilty pleas should be applied.
discussed Cited "see" State of Iowa v. Shannon Paige Hightower
Iowa · 2024 · signal: see · confidence high
See State v. Brady, 442 N.W.2d 57, 59 (Iowa 1989) (quoting Punishment, Black’s Law Dictionary 1110 (5th ed. 1979) for the proposition that a “fine” is a form of punishment).
cited Cited "see" State of Iowa v. Marc Christopher Plettenberg
Iowa Ct. App. · 2018 · signal: see · confidence high
See Fisher , 877 N.W.2d at 685 (citing Brady , 442 N.W.2d at 59 ).
examined Cited "see" State of Iowa v. Kevin Duane Fisher II (3×)
Iowa · 2016 · signal: see · confidence high
See State v. Brady, 442 N.W.2d 57, 59 (Iowa 1989) (distinguishing fines and restitution). 5 However, it analogizes surcharges to court costs, which are not considered a form of punishment and do not need to be disclosed in advance of the plea.
examined Cited "see" Amended June 24, 2016 State of Iowa v. Kevin Duane Fisher II (3×)
Iowa · 2016 · signal: see · confidence high
See State v. Brady, 442 N.W.2d 57, 59 (Iowa 1989) (distinguishing fines and 15 restitution). 5 However, it analogizes surcharges to court costs, which are not considered a form of punishment and do not need to be disclosed in advance of the plea.
discussed Cited "see" State v. Smith (2×)
Iowa · 1997 · signal: see · confidence high
See State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989); cf. Iowa R.Crim.
discussed Cited "see" State v. Vesey (2×)
Iowa Ct. App. · 1991 · signal: see · confidence high
See State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989); State v. Bumpus, 459 N.W.2d 619, 626 (Iowa 1990).
discussed Cited "see, e.g." State of Iowa v. Andre Letroy Antwan Harrington
Iowa Ct. App. · 2016 · signal: see also · confidence medium
Rather, “[t]he court has a duty 5 to conduct a further inquiry, similar to the colloquy required under rule 2.8(2), prior to sentencing to ensure that the affirmation is voluntary and intelligent.” Id.; see also State v. Brady, 442 N.W.2d 57, 58 (Iowa 1989) (“Rule [2.8(2)(b)] governs guilty pleas and does not expressly apply to a case in which a defendant is asked to admit or deny prior convictions for habitual offender purposes under rule of criminal procedure [2.19(9)]. . . .
discussed Cited "see, e.g." State v. Tuialii
Haw. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., State v. Brady, 442 N.W.2d 57, 59 (Iowa 1989); Cruz v. State, 742 So.2d 489, 490 (Fla.App.1999); State v. Parker, 244 Wis.2d 145, 150-51 , 629 N.W.2d 77, 80 (App.2001); State v. Samuels, 253 N.J.Super. 335, 341 , 601 A.2d 784, 787 (1991).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Percy E. BRADY, Appellant
88-423.
Supreme Court of Iowa.
Jun 14, 1989.
442 N.W.2d 57
Robert E. Lee of Arends & Lee, Humboldt, for appellant., Thomas J. Miller, Atty. Gen., Christie J. Scase, Asst. Atty. Gen., and Lee E. Poppen, County Atty., for appellee.
Harris, Larson, Schultz, Lavorato, Neuman.
Cited by 35 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Appeals of Iowa (1)
LARSON, Justice.

Defendant, Percy E. Brady, challenges his sentence as an habitual offender under Iowa Code section 902.8 (1983). He claims that his admission in open court of two prior felony convictions was tantamount to a plea of guilty under the habitual offender statute and that the court had failed to advise him fully regarding the possible punishment for an habitual offender as required by Iowa Rule of Criminal Procedure 8(2)(b). Specifically, he complains that the court erred in failing to inform him that payment of court costs would be included in his “punishment.” The district court rejected the argument, and we affirm.

Brady was charged in 1983 with burglary in the second degree, a class C felony under Iowa Code section 713.5 (1983). A separate county attorney’s information alleged that Brady was an habitual offender having previously been convicted of at least two felonies. He was convicted by a jury of the current charge of second-degree burglary, and the case proceeded to sentencing.

At sentencing, the question arose whether Brady would admit the prior felony convictions as alleged in the habitual offender information. See Iowa R.Crim.P. 18(9). The court informed Brady of the minimum and maximum sentences provided under the habitual offender statute but did not mention that he would be required to pay the court costs. Following the colloquy with the court, Brady admitted the prior felonies. The court imposed a fifteen-year sentence on Brady as an habitual offender. The next day, a written judgment was entered which, for the first time, included a requirement that Brady pay the court costs, which were determined to be $220.

Almost four years after the written judgment was entered, Brady filed a motion for[*58] vacation of an illegal sentence under Iowa Rule of Criminal Procedure 23(5)(a). He alleged that the court’s requirement that he pay the court costs amounted to an additional penalty which the court had failed to mention at the sentencing hearing. The effect of the subsequent written order was, according to his argument, an illegal ex parte sentence.

The State first raises a procedural argument. It contends that a motion to vacate an illegal sentence is not a proper vehicle to challenge a procedural error, that it is only to be used to challenge a sentence which was void in whole or in part because of a basic problem such as lack of jurisdiction. See, e.g., State v. Wilson, 294 N.W.2d 824, 825 (Iowa 1980). Brady responds that the written sentence is void, thus subject to attack under a motion to vacate, because it was entered ex parte. We assume for purposes of this appeal that the inclusion of the order for payment of costs in the manner in which it was done may properly be challenged by a motion under rule 23(5)(a).

Iowa Rule of Criminal Procedure 8(2)(b) provides the following, in relevant part, when a court considers a guilty plea:

Before accepting a plea of guilty, the court must address the defendant personally in open court and inform the defendant of, and determine that the defendant understands, the following:
(2) The mandatory minimum punishment, if any, and the maximum possible punishment provided by the statute defining the offense to which the plea is offered.

Prior to the time Brady admitted his felony convictions, the court advised him of his right to require the State to prove the prior convictions, and he was advised of the trial rights which would be waived if he were to admit the convictions. This colloquy then followed:

THE COURT: Now, do you understand that, by pleading guilty to the habitual offender charge, in fact, the admission, you would be waiving those rights; and the Court will be entering judgment on the habitual offender charge; do you understand that?
MR. BRADY: Yes.
THE COURT: And do you understand, also, that a sentence for the habitual offender shall be confinement for no more than fifteen years; do you understand that?
MR. BRADY: Yes, I do.
THE COURT: I believe you called that to my attention, and that you would not be eligible for parole until you have served the minimum sentence of confinement of three years; do you understand that?
MR. BRADY: Yes.
THE COURT: And is it still your desire to plead guilty to the offense?
MR. BRADY: Yes, it is, your Honor.
THE COURT: Very well. Now, are we ready to proceed, then, with the sentencing and the passing of judgment, counselor?

Rule 8(2)(b) governs guilty pleas and does not expressly apply to a case in which a defendant is asked to admit or deny prior convictions for habitual offender purposes under rule of criminal procedure 18(9). An admission by a defendant of prior convictions cannot be said to be a plea of guilty to an habitual offender “charge,” moreover, habitual offender statutes do not charge a separate offense. They only provide for enhanced punishment on the current offense. See State v. Popes, 290 N.W.2d 926, 927 (Iowa 1980); State v. Smith, 282 N.W.2d 138, 143 (Iowa 1979).

Nevertheless, a defendant’s admission of prior felony convictions which provide the predicate for sentencing as an habitual offender is so closely analogous to a plea of guilty that it is appropriate to refer to our rules governing guilty pleas, specifically, rule 8(2)(b), to resolve the issue in this case: whether the district court’s failure to inform Brady of his liability for court costs amounted to a failure to inform him of the punishment provided by law, thus vitiating his admission of the prior felony convictions.

Under Iowa Code section 910.1(4), court costs are included in the definition of “restitution” to be made by a convicted[*59] defendant. Iowa Code section 910.2 requires the sentencing court to order restitution for the court costs if the defendant is “reasonably able” to pay. Brady argues that this language is mandatory and makes a defendant’s reimbursement for costs a form of “punishment” for purposes of rule 8(2)(b).

Brady cites in support of his argument the case of Keller v. Wyoming, 723 P.2d 1244 (Wyo.1986). In Keller, the court engaged in a colloquy with the defendant concerning the minimum and maximum sentence the defendant could receive, but it did not mention the matter of restitution. The Wyoming court held that this was error, that

[f]rom the viewpoint of a defendant in a criminal trial, payment of restitution is as much a penalty as payment of a fine. Both require the payment of money. Both are direct consequences of the plea. Both are punishments authorized by law. Restitution, therefore, is part of the “maximum possible penalty provided by law” for the purposes of Rule 15; and we hold that Rule 15(c) requires the trial judge to inform a defendant of the court’s power to order restitution.

Keller, 723 P.2d at 1246-47.

We do not agree with this reasoning. As the Keller court noted, restitution (which in that case was much more substantial because it included victim restitution) requires payment of money, just as a fine does, and both a fine and restitution are direct consequences of a guilty plea. But we do not agree with its conclusion that “[b]oth are punishments authorized by law.” Payment of money under a court order, standing alone, does not make it punishment. If it did, a civil judgment for compensatory damages could be considered to be punishment.

Assessment of costs does not fit the generally understood definition of punishment, which is said to be

[a]ny fine, penalty, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoined by law. A deprivation of property or some right. But does not include a civil penalty redounding to the benefit of an individual, such as a forfeiture of interest.

Black’s Law Dictionary 1110 (5th ed. 1979).

Moreover, in actual practice, it could lead to absurd results. For example, if the prosecution lost a criminal case, we surely would not say it had suffered a criminal punishment because the costs were assessed to it. We reject the argument that rule 8(2)(b) was violated in this case and therefore affirm.

We note that Brady’s attack on this sentence is quite narrow; he contends only that the “guilty plea” is defective on the ground the court costs were punishment under rule 8(2)(b). He does not argue that payment of costs is a “direct consequence” which, under our cases, must be discussed by the court in a guilty plea colloquy. See, e.g., Saadiq v. State, 387 N.W.2d 315, 325-26 (Iowa 1986); State v. Rand, 268 N.W.2d 642, 648 (Iowa 1979). We express no view on the latter question but suggest that, in future cases, courts in guilty plea proceedings fully inform defendants of the impact of the restitution provisions of Iowa Code chapter 910.

AFFIRMED.