State v. Gonzalez, 582 N.W.2d 515 (Iowa 1998). · Go Syfert
State v. Gonzalez, 582 N.W.2d 515 (Iowa 1998). Cases Citing This Book View Copy Cite
127 citation events (118 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Alexander Joseph Carman (iowactapp, 2022-12-21)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Iowa v. Alexander Joseph Carman (2×) also: Cited "see"
Iowa Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
the defendant did not object to that portion of the psi report which included his admission that he had assisted in the sale of cocaine on east 6th street and the sentencing court was free to consider it.
examined Cited as authority (verbatim quote) State of Iowa v. Gary Lee Manning
Iowa Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
where portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.
examined Cited as authority (verbatim quote) State of Iowa v. Terrance O. Williams (2×)
Iowa Ct. App. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
where portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.
examined Cited as authority (verbatim quote) State of Iowa v. Michael Francis Watson
Iowa Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
where portions of the minutes are not necessary to establish a factual basis for a plea they are deemed denied by the defendant and are otherwise unproved and the sentencing court cannot consider or rely on them.
examined Cited as authority (verbatim quote) State of Iowa v. Matthew Gene Spaans
Iowa Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
where portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.
discussed Cited as authority (verbatim quote) State of Iowa v. Collin Rush Brantley
Iowa Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a court may not consider an unproven or unprosecuted offense when sentencing a defendant unless (1) the facts before the court show the accused committed the offense, or (2) the defendant admits it.
examined Cited as authority (verbatim quote) State of Iowa v. Michael Dean Wilson (2×) also: Cited as authority (rule)
Iowa Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
a court may not consider an unprosecuted or unproven offense 3 when sentencing a defendant unless (1) the facts before the court showed the accused committed the offense or, (2) the defendant admits it.
examined Cited as authority (verbatim quote) State of Iowa v. Joshua Michael Bergen (2×) also: Cited "see"
Iowa Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
a sentence will not be upset on appellate review unless the defendant demonstrates an abuse of trial court discretion or a defect in the sentencing procedure such as the trial court's consideration of impermissible factors.
discussed Cited as authority (verbatim quote) Donzell Lindsey, applicant-appellee/cross-appellant v. State of Iowa, respondent-appellant/cross-appellee.
Iowa Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
where portions of are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.
examined Cited as authority (verbatim quote) State of Iowa v. Warren William Lovell
Iowa · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
where portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.
discussed Cited as authority (rule) State of Iowa v. Victor Cole Swai (2×) also: Cited "see"
Iowa Ct. App. · 2025 · confidence medium
“Where portions of the minutes [of testimony] are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Jesse Lee McCollaugh
Iowa · 2024 · confidence medium
When that showing is made, “[w]e cannot speculate about the weight a sentencing court assigned to an improper consideration[,] and the defendant’s sentences must be vacated and the case remanded for resentencing.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (per curiam).
cited Cited as authority (rule) State of Iowa v. Nicholas Lee Campie
Iowa Ct. App. · 2023 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Mohamed Wallace
Iowa Ct. App. · 2023 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998); State v. Martin, No. 22-0021, 2023 WL 386717 , at *2 (Iowa Ct. App. Jan. 25, 2023).
discussed Cited as authority (rule) State of Iowa v. Rick Jason Reifenrath
Iowa Ct. App. · 2023 · confidence medium
Unproven Offenses “A sentencing court may not consider an unproven or unprosecuted offense when sentencing a defendant unless (1) the facts before the court show the accused committed the offense, or (2) the defendant admits it.” State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Matthew Luke Heim (2×) also: Cited "see"
Iowa Ct. App. · 2023 · confidence medium
“A district court may not consider an unproven or unprosecuted offense when sentencing a defendant unless (1) the facts before the court show the defendant committed the offense, or (2) the defendant admits it.” State v. Jose, 636 N.W.2d 38, 41 (Iowa 2001) (citing State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998)).
discussed Cited as authority (rule) State of Iowa v. Alyssa Brittany Martin (2×) also: Cited "see"
Iowa Ct. App. · 2023 · confidence medium
The sentencing court can “only consider the facts contained in the minutes of testimony that are admitted to or otherwise established as true.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (citation omitted).
cited Cited as authority (rule) State of Iowa v. Jesse Elisha Gardner
Iowa Ct. App. · 2023 · confidence medium
State v. 5 Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Paul Timothy Fleetwood
Iowa Ct. App. · 2022 · confidence medium
“Where portions of the minutes [of testimony] are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Joseph Ricardo Cruz Cordero
Iowa Ct. App. · 2022 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Wade Cortez Jones
Iowa Ct. App. · 2021 · confidence medium
“Where portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Ricardo Lycrgus Perry
Iowa Ct. App. · 2021 · confidence medium
“The sentencing court should only consider those facts contained in the minutes that are admitted to or otherwise established as true.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (quoting State v. Black, 324 N.W.2d 313, 316 (Iowa 1982)).
cited Cited as authority (rule) State of Iowa v. William Frank Fetner
Iowa · 2021 · confidence medium
We approved a similar admission as a sentencing consideration in State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (per curiam).
discussed Cited as authority (rule) State of Iowa v. Richard Owen Busch
Iowa Ct. App. · 2020 · confidence medium
A “sentencing court” may “consider those facts contained in the minutes that are admitted to or otherwise established as true.” Chapman, 944 N.W.2d at 872 (emphasis added) (quoting State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998)).
discussed Cited as authority (rule) State of Iowa v. Chad Richard Chapman (2×) also: Cited "see, e.g."
Iowa · 2020 · confidence medium
While minutes of testimony attached to a trial information can be used to establish a factual basis for a charge to which a defendant pleads guilty[,] “[t]he sentencing court should only consider those facts contained in the minutes that are admitted to or otherwise established as true.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (citation omitted) (quoting State v. Black, 324 N.W.2d 313, 316 (Iowa 1982)).
discussed Cited as authority (rule) State of Iowa v. Desiree K. Trent
Iowa Ct. App. · 2020 · confidence medium
“A sentence will not be upset on appellate review unless the defendant demonstrates an abuse of trial court discretion or a defect in the sentencing procedure such as the trial court’s consideration of impermissible factors.” State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Matthew Gene Spaans
Iowa Ct. App. · 2020 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (internal citation omitted).
discussed Cited as authority (rule) State of Iowa v. Tasha Lynne Koppes
Iowa Ct. App. · 2020 · confidence medium
Specifically, she asserts the court “improperly considered the aggravated misdemeanor offense with which [she] was originally charged when issuing its sentence for the serious misdemeanor to which [she] pled guilty” and “improperly based [her] sentence on unprosecuted and unproven substance- related offenses.” “A court may not consider an unproven or unprosecuted offense when sentencing a defendant unless (1) the facts before the court show the accused committed the offense, or (2) the defendant admits it.” See State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Chad Richard Chapman (2×)
Iowa Ct. App. · 2019 · confidence medium
In the State’s view, State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998), allowed the court to rely on those minutes not just to find a factual basis for the underlying crime but also to make required findings at sentencing.
discussed Cited as authority (rule) State of Iowa v. Terry Thomas Bragg (2×) also: Cited "see"
Iowa Ct. App. · 2019 · confidence medium
See State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002); State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Gregory Hintze
Iowa Ct. App. · 2019 · confidence medium
“The sentencing court should only consider those facts contained in the minutes that are admitted to or otherwise established as true.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (citation omitted).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Matthew L. Noel
Iowa · 2019 · confidence medium
“A court may not consider an unproven or prosecuted offense when sentencing a defendant unless (1) the facts before the court show the accused committed the offense, or (2) the defendant admits it.” State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) Iowa Supreme Court Attorney Disciplinary Board v. Matthew L. Noel
Iowa · 2019 · confidence medium
“A court may not consider an unproven or prosecuted offense when sentencing a defendant unless (1) the facts before the court show the accused committed the offense, or (2) the defendant admits it.” State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Montez Guise
Iowa Ct. App. · 2018 · confidence medium
See State v. Witham, 583 N.W.2d 677, 678 (Iowa 1998) (explaining the district court was free to consider mental-health evaluation contained in unchallenged presentence investigation report); State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (finding the district court properly relied on defendant’s statements in the presentence investigation report that amounted to an admission of other criminal activity because the statements were not challenged by defendant when he was given an opportunity to do so); State v. Townsend, 238 N.W.2d 351, 358 (Iowa 1976) (finding that district court acted pro…
discussed Cited as authority (rule) State v. Horst
Iowa Ct. App. · 2018 · confidence medium
We agree with Horst that “[w]here portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
cited Cited as authority (rule) State v. Zeien Cox
Iowa Ct. App. · 2017 · confidence medium
See State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002); State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Brett Aaron Hauck
Iowa Ct. App. · 2017 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998) (citation omitted).
cited Cited as authority (rule) State of Iowa v. Lane Michael Hall
Iowa Ct. App. · 2017 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
examined Cited as authority (rule) State of Iowa v. Zackery Tyler Rigel (3×) also: Cited "see"
Iowa Ct. App. · 2017 · confidence medium
“The sentencing court should only consider those facts contained in the minutes that are admitted to or otherwise established as true.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Curtis Jack Alford
Iowa Ct. App. · 2017 · confidence medium
“The sentencing court should only consider those facts contained in the minutes that are admitted to or otherwise established as true.” State v. Gonzales, 582 N.W.2d 515, 516 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Amber Rae Rutherford
Iowa Ct. App. · 2016 · confidence medium
As the reviewing court, we may not “speculate about the weight a sentencing court assigned to an improper consideration.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Landon Michael Riley (2×) also: Cited "see"
Iowa Ct. App. · 2016 · confidence medium
“The sentencing court should only consider those facts contained in the minutes that are admitted to or otherwise established as true.” State v. Gonzales, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Mitchell Scott Gahagan
Iowa Ct. App. · 2016 · confidence medium
While it is true a court generally cannot consider unproven or unprosecuted offenses when sentencing a defendant, one of two recognized exceptions to the general rule provides a court may do so if “the facts before the court show the accused committed the offense.” State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998). “[W]hen a challenge is made to a criminal sentence on the basis that the court improperly considered unproven criminal activity, the issue presented is simply one of the sufficiency of the record to establish the matters relied on.” State v. Longo, 608 N.W.2d 471, 474 (Iowa…
cited Cited as authority (rule) State of Iowa v. Albert Henry Mesenbrink III
Iowa Ct. App. · 2015 · confidence medium
“Minutes can be used to establish a factual basis for a charge to which a defendant pleads guilty.” State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998); see also Finney, 834 N.W.2d at 62 .
cited Cited as authority (rule) State of Iowa v. Daniel Jason
Iowa Ct. App. · 2015 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
cited Cited as authority (rule) State of Iowa v. Alan Lee Lucas
Iowa Ct. App. · 2015 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Anthony Earl Hopkins
Iowa Ct. App. · 2014 · confidence medium
“Where portions of the minutes are not necessary to establish a factual basis for the plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them.” State v. Gonzales, 582 N.W.2d 515, 517 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. James Willie Jennings Jr.
Iowa Ct. App. · 2014 · confidence medium
“A court may not consider an unproven or unprosecuted offense when sentencing a defendant unless (1) the facts before the court show the accused committed the offense, or (2) the defendant admits it.” State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
cited Cited as authority (rule) State v. Jose
Iowa · 2001 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 516 (Iowa 1998).
discussed Cited as authority (rule) State v. Grandberry (2×)
Iowa · 2000 · confidence medium
State v. Gonzalez, 582 N.W.2d 515, 517 (Iowa 1998).
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Francisco GONZALEZ, Appellant
97-332.
Supreme Court of Iowa.
Jul 29, 1998.
582 N.W.2d 515
Linda Del Gallo, State Appellate Defender, and John P. Messina, Assistant State Appellate Defender, for appellant., Thomas J. Miller, Attorney General, Julie H. Brown, Assistant Attorney General, Richard D. Phillips, County Attorney, and Richard D. Westphal, Assistant County Attorney, for appellee.
McGiverin, Carter, Lavorato, Neuman, Ternus.
Cited by 79 opinions  |  Published

Lead Opinion

PER CURIAM.

The defendant, Francisco Gonzalez, was charged with four counts of delivery of a controlled substance (cocaine) in violation of Iowa Code sections 124.206(2)(d)(l) and 124.401(l)(c)(2)(b) (1995) and four counts of failure to affix a drug tax stamp in violation of Iowa Code sections. 453B.1, .3, .7, and .12. Pursuant to a plea agreement, he pled guilty to three of the delivery charges (counts I, III, and VII) and the five remaining counts were dismissed (counts II, IV, V, VI, and VIII).

At the sentencing hearing the judge stated:

I have reviewed the presentence investigation in this matter. I am familiar with the file and have previously reviewed the Minutes of Testimony. While it is true that the presentence investigation does indicate Defendant has no prior felony record, the concession provided in the plea agreement provides for actually the dismissal of, what would probably be easily provable, five additional counts, so there is a substantial concession that’s already been made to the defendant.

The court rejected the defendant’s request for probation and granted the State’s recommendation to impose a combination of consecutive and concurrent sentences which would result in a total indeterminate prison term of twenty years.

On appeal,' the defendant argues the sentencing court erred in considering unproven charges that were dismissed pursuant to the plea agreement. He asks that his sentences be vacated and the ease be remanded for resentencing.

Our review is for the correction of errors at law. Iowa R.App. P. 4. A sentence will not be upset on appellate review unless the defendant demonstrates an abuse of trial court discretion or a defect in the sentencing procedure such as the trial court’s consideration of impermissible factors. State v. Wright, 340 N.W.2d 590, 592 (Iowa 1983).

A court may not consider an unproven or unprosecuted offense when sentencing a defendant unless (1) the facts before, the court show the accused committed the offense, or (2) the defendant admits it. See State v. Mateer, 383 N.W.2d 533, 538 (Iowa 1986); State v. Black, 324 N.W.2d 313, 315-16 (Iowa 1982); State v. Messer, 306 N.W.2d 731, 732-33 (Iowa 1981). The sentencing court’s statement clearly indicates it considered the fact that five counts (four drug tax stamp charges and one delivery charge) had been dismissed. The sentencing judge observed that the dismissed counts would “probably be easily provable” and he characterized their dismissal as a “substantial concession that’s already been made to the defendant.” Because our analysis differs with respect to the dismissed delivery and drug tax stamp offenses, we will address them separately.

Count V — Dismissed Delivery Charge.

The defendant pled guilty to three delivery offenses (counts I, III, and VII) all of which occurred on 42nd Street in Musca-tine. The fourth delivery offense (count V), which was dismissed, was alleged to have occurred on East 6th Street in Muscatine.[*517] In Ms statements to the presentence investigator, the defendant implicated himself in both the 42nd Street and the East 6th Street offenses. The following are the relevant portions of the PSI report.

Defendant’s Version:

I interviewed the defendant for this investigation on January 3, 1997, and he gave a verbal statement regarding his crimes. The defendant stated that on two occasions on 42nd Street in Muscatine, he assisted in the sale, in each instance, of two ounces of cocaine. In each instance, he said he earned $500 profit. He advised that on a third occasion, at 911 East 6th Street in Muscatine, he assisted in the sale of two ounces of cocaine and made a profit of $400.
[[Image here]]
In a telephone conversation with the defendant on January 16,1997,1 explained to him that the Court record indicated that he did not plead guilty to the aforementioned crime at 911 East 6th Street but that he had instead plead [sic] guilty to a November 28,1995, drug transaction wMch occurred at 6108 — 42nd Street in Musca-tine. The defendant acknowledged that there was a possibility that he was confused as to what crimes he had actually plead [sic] guuilty [sic] to.

When the sentencing hearing commenced, defense counsel confirmed that both he and the defendant had received the PSI report, had read it, and had no material corrections to make. The defendant did not object to that portion of the PSI report which included Ms admission that he had assisted in the sale of cocaine on East 6th Street, and the sentencing court was free to consider it. See State v. Townsend, 238 N.W.2d 351, 358 (Iowa 1976) (sentencing court properly considered unchallenged matters in PSI report).

The defendant’s statements to the PSI investigator constitute an admission of his participation in the delivery offense which occurred on East 6th Street. The district court did not abuse its discretion m consider-mg that dismissed charge when sentencing the defendant.

Counts II, IV, VI, and VIII — Dismissed Drug Tax Stamp Charges.

A review of the record reveals the defendant never admitted the drug tax stamp offenses. The' State argues the minutes of testimony contain repeated references to the absence of drug tax stamps and the minutes constituted sufficient facts to show the defendant had committed those offenses.

We have previously held that minutes of testimony attached to a trial information do not necessarily provide facts that may be relied upon and considered by a sentenc-mg court. Black, 324 N.W.2d at 316. Minutes can be used to establish a factual basis for a charge to which a defendant pleads guilty. Id. “The sentencing court should only consider those facts contained m the minutes that are admitted to or otherwise established as true.” Id. Where portions of the minutes are not necessary to establish a factual basis for a plea, they are deemed denied by the defendant and are otherwise unproved and a sentencing court cannot consider or rely on them. See id.

The portions of the minutes referring to the absence of drug tax stamps were not necessary to establish a factual basis for the defendant’s pleas of guilty to the three delivery charges. The sentencing court improperly considered the dismissed drug tax stamp charges. We cannot speculate about the weight a sentencing court assigned to an improper consideration and the defendant’s sentences must be vacated and the case remanded for resentencing. See id.; Messer, 306 N.W.2d at 733.

SENTENCES VACATED AND CASE REMANDED FOR RESENTENCING.

All justices concur except CARTER, J., who dissents.

Dissent

CARTER, Justice

(dissenting).

I dissent.

There should be a limit as to how far a court must go in not acceptmg as true that which all others know to be true. This defendant was charged with four counts of delivery of cocaine and four counts of failing to affix a drug tax stamp to the controlled[*518] substance. The latter four charges each assert a violation of Iowa Code section 453B.3 (1995). The four drug stamp violations relate to the substances involved in each of the four separate delivery charges. The defendant pleaded guilty to three of the delivery charges and admitted to the presentence investigator that he was guilty of the fourth.

This court accepts the fact that the sentencing judge could consider the fact that defendant had also committed the fourth delivery violation because he admitted this to the presentence investigator. But, it holds that the sentencing judge could not consider the concession made to the defendant in dismissing the four tax stamp charges (all class “D” felonies), which the sentencing judge declared “would probably be easily provable.”

It is common knowledge that drug traffickers do not advertise their activities by buying the drug tax stamp mandated by section 453B.3. The unlikelihood that the tax was paid and the stamps affixed in these four instances is so great as to render defendant’s guilt of these four felonies virtually certain. I submit that the district court did not act improperly in concluding that the charges would probably be easily provable. I would not disturb defendant’s sentence.