State v. Patterson, 586 N.W.2d 83 (Iowa 1998). · Go Syfert
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State v. Patterson, 586 N.W.2d 83 (Iowa 1998). Cases Citing This Book View Copy Cite
“while the suspension of the sentences prevents or delays their execution, it does not alter their character as sentences of confinement.”
26 citation events (24 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Bradley Martin Osborn (iowactapp, 2025-05-07)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Iowa v. Bradley Martin Osborn (2×) also: Cited "see"
Iowa Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
while the suspension of the sentences prevents or delays their execution, it does not alter their character as sentences of confinement.
cited Cited as authority (rule) State of Iowa v. Domonique Deshawn Parrow Sr.
Iowa Ct. App. · 2021 · confidence medium
Suspension of the sentences “does not alter their character as sentences of confinement.” State v. Patterson, 586 N.W.2d 83, 84 (Iowa 1988).
discussed Cited as authority (rule) Jaramya William Campbell v. State of Iowa (2×) also: Cited "see"
Iowa Ct. App. · 2019 · confidence medium
First, in State v. Patterson, Patterson was sentenced to two terms of confinement in jail to be served consecutively with each other for a total of 420 days. 586 N.W.2d 83, 83 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Daniel Eugene Beeman
Iowa Ct. App. · 2016 · confidence medium
Even if the court’s statements could be viewed as confusing, as the State contends, “it is a distinction without a difference.” Consecutive terms are construed as “one continuous term of imprisonment.” 6 Iowa Code § 901.8 ; see id. § 903A.7; State v. Patterson, 586 N.W.2d 83, 84 (Iowa 1998).
discussed Cited as authority (rule) State of Iowa v. Monte Dean Neubauer (2×)
Iowa Ct. App. · 2014 · confidence medium
He cites State v. Patterson, 586 N.W.2d 83, 84 (Iowa 1998), which held the suspension of misdemeanor sentences did not “alter their general character as sentences of the confinement.” We find Patterson distinguishable.
cited Cited as authority (rule) In RE the Detention of Jonathan Edwin Stenzel Jonathan Edwin Stenzel
Iowa · 2013 · confidence medium
In State v. Patterson, a defendant received two consecutive terms of imprisonment of less than a year each but more than a year long when added together. 586 N.W.2d 83, 83 (Iowa 1998).
discussed Cited as authority (rule) State v. Iowa District Court for Mahaska County
Iowa · 2000 · confidence medium
Id., see State v. Patterson, 586 N.W.2d 83, 83-84 (Iowa 1998) (holding a sentence which totals more than one year in the county jail is illegal).
discussed Cited as authority (rule) State v. Oliver
Iowa · 1998 · confidence medium
Furthermore, we recently noted in State v. Patterson, 586 N.W.2d 83, 84 (Iowa 1998), that although the suspension of a sentence prevents or delays its execution, it does not alter its character as a sentence of confinement.
discussed Cited "see" State of Iowa v. Jeffery Lee Pearson (2×)
Iowa Ct. App. · 2022 · signal: see · confidence high
See State v. Patterson, 586 N.W.2d 83, 84 (Iowa 1998).
cited Cited "see, e.g." Jose Lopez v. State of Iowa
Iowa Ct. App. · 2021 · signal: see, e.g. · confidence medium
See, e.g., State v. Patterson, 586 N.W.2d 83, 84 (Iowa 1998) (“When Patterson’s consecutive sentences are added together, as required by section 901.8, they total 420 days.
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Glenn Michael PATTERSON, Appellant
97-846.
Supreme Court of Iowa.
Sep 23, 1998.
586 N.W.2d 83
Linda Del Gallo, State Appellate Defender, and James G. Tomka, Assistant State Appellate Defender, for appellant., Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, and Brent D. Heeren, County Attorney, for appellee.
McGiverin, Harris, Carter, Snell, Andreasen.
Cited by 11 opinions  |  Published
PER CURIAM.

Glenn Patterson appeals the sentences imposed following his guilty pleas to three counts of serious domestic abuse assault. See Iowa Code § 708.2A(2)(b) (1995). Patterson argues the sentencing court erred by designating the county jail as the place of confinement for his consecutive terms of incarceration, which together totaled over one year of imprisonment. See Iowa Code §§ 901.8, 903.4. The State contends there was no error because the court suspended the sentences. We agree with Patterson, affirm the judgment, but vacate the sentences and remand for resentencing.

Patterson pleaded guilty in two separate cases to. three counts of serious domestic abuse assault in connection with incidents involving his parents. The district court sentenced him to 180 days imprisonment in county jail on two of the counts, to be served concurrently with each other, and 240 days imprisonment in county jail on the remaining count, to be served consecutively with the other sentences. The court suspended the sentences and placed Patterson on probation for two years.

Patterson appeals. He contends the court imposed an illegal sentence by designating the county jail as the place of confinement. He maintains the court was required to order that he serve the sentences in the custody of the director of the Iowa Department of Corrections. We review the court’s sentence for correction of errors at law. State v. Kapell, 510 N.W.2d 878, 879 (Iowa 1994).

Iowa Code section 903.4 provides in pertinent part:

All persons sentenced to confinement for a period of one year or less shall be confined in a place to be furnished by the county where the conviction was had_ All persons sentenced to confinement for a period of more than one year shall be committed to the custody of the director of the Iowa department of corrections to be confined in a place to be designated by the director. ...

Each of the sentences imposed by the court on the individual counts was for a term of less than one year. Considered in isolation,[*84] each sentence would consequently be properly served in the county jail.

Patterson points out, however, that one of the sentences was to be served consecutively to the other two. Iowa Code section 901.8 provides in pertinent part:

If consecutive sentences are specified in the order of commitment, the several terms shall be construed as one continuous term of imprisonment.

We have previously determined that, pursuant to section 901.8, consecutive sentences are to be viewed as one continuous term of imprisonment for purposes of designating the proper place of confinement under section 903.4. See Kapell, 510 N.W.2d at 880. When Patterson’s consecutive sentences are added together, as required by section 901.8, they total 420 days. This exceeds the one-year period referred to in section 903.4. Under section 903.4, Patterson’s sentences should be served in the custody of the director of the department of corrections.

The State argues that because the court suspended the sentences, it did not err by designating that they be served in the county jail. The State contends that section 903.4 only applies to persons who are to be confined, and since Patterson’s sentences were suspended, there was no actual sentence of confinement within the meaning of section 903.4.

We disagree. While the suspension of the sentences prevents or delays their execution, it does not alter their character as sentences of confinement. Obviously, Patterson will not actually be confined unless probation is revoked. Nevertheless, the district court must correctly designate the proper place of confinement in the event that should occur. In the present case, the proper place of confinement was in the custody of the director of the department of corrections.

We affirm the judgment entered upon Patterson’s convictions, but vacate his sentences and remand for resentencing.

JUDGMENT OF CONVICTION AFFIRMED, SENTENCE VACATED AND REMANDED FOR RESENTENCING.