State of Iowa v. Nathan Scott Jurski ( 2023 )

IN THE COURT OF APPEALS OF IOWA
No. 22-0122
Filed January 25, 2023
STATE OF IOWA,
Plaintiff-Appellee,
vs.
NATHAN SCOTT JURSKI,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.
A defendant appeals the sentence imposed after his written guilty plea to
assault causing serious injury. AFFIRMED.
Martha J. Lucey, State Appellate Defender, and Nan Jennisch, Assistant
Appellate Defender, for appellant.
Brenna Bird, Attorney General, and Timothy M. Hau, Assistant Attorney
General, for appellee.
Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.
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CHICCHELLY, Judge.
Nathan Jurski appeals the sentence imposed after his written guilty plea to
assault causing serious injury, in violation of Iowa Code section 708.2(4) (2020).
He alleges the district court failed to exercise its discretion by following a fixed
sentencing policy due to Jurski’s age. Finding no abuse of discretion, we affirm
Jurski’s sentence.
I. Background Facts and Proceedings.
On July 4, 2020, Jurski physically assaulted his ex-girlfriend, who is the
mother of four of his children, leaving her with a fractured jaw and other injuries.
The State charged Jurski as a habitual offender with multiple offenses including
kidnapping, willful injury, and domestic abuse assault. In August 2021, Jurski filed
a written guilty plea to the lesser-included offense of assault causing serious injury,
a class “D” felony.
At the contested sentencing hearing, the State recommended a prison
sentence consistent with the presentence investigation (PSI) report, while the
defense requested a suspended sentence and probation. The PSI preparer was
subpoenaed to testify on Jurski’s behalf. He commended Jurski’s turnaround after
a difficult childhood and personally believed probation was appropriate, but his
assessment was overridden by his supervisor. The court ultimately imposed a
term of imprisonment not to exceed five years and a suspended fine of $1025.
Jurski filed a timely appeal.
II. Review.
While the right of appeal is limited for convictions reached pursuant to a
plea agreement, there is good cause for appeal when the challenge, as here, is to
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the sentence rather than the guilty plea. See Iowa Code § 814.6(1)(a)(3); State v.
Boldon, 954 N.W.2d 62, 69 (Iowa 2021). We review the sentencing order in a
criminal case for correction of errors at law. State v. Damme, 944 N.W.2d 98, 103
(Iowa 2020). We will not reverse the decision of the district court absent “an abuse
of discretion or some defect in the sentencing procedure.” Id. (citation omitted).
III. Discussion.
Jurski argues the district court abused its discretion “by relying on a fixed
sentencing policy based on his age.” At the sentencing hearing, Jurski brought up
his age during his allocution, stating: “I shouldn’t be sitting here. I’m almost forty
years old. This is completely backwards. Yeah, I regret it.” Jurski urged leniency
based on his lack of a substantial criminal record since 2010, sole custody of four
of his children, and recent entrepreneurial success. The court explained its
decision as follows:
Now the question becomes whether I should put you on
probation or not. Quite frankly, your statement that you do everything
for your kids makes no sense compared to what you were doing that
night. You know better. You’re forty years old.
....
The reasons for the sentence is [sic] this was a seriously
violent crime. The facts are completely out of control, and I think
you’re well aware that you were out of control in this.
On this record, we are satisfied the district court considered appropriate
sentencing factors and provided sufficient reasons for imposing a term of
incarceration. Regardless of the time lapse in Jurski’s significant history of criminal
activity, the nature of this offense supports a more significant consequence.
Moreover, “[t]he sentencing court has broad discretion to impose the sentence it
determines is best suited to rehabilitate a defendant and protect society.” State v.
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West Vangen, 975 N.W.2d 344, 355 (Iowa 2022). “In exercising this discretion,
the court may consider a variety of circumstances, including the nature of the
offense and attending circumstances, as well as the defendant’s age, character,
propensities and chances of reform.” State v. Boltz, 542 N.W.2d 9, 10 (Iowa Ct.
App. 1995). The court was well within its province to acknowledge the defendant’s
age and did not appear to rest its decision solely on this factor or a fixed sentencing
policy. Accordingly, we find no abuse of discretion and affirm Jurski’s sentence.
AFFIRMED.