State of Iowa v. Javier Anthony Castorena
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1580
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-1580
Filed October 7, 2026
_______________
State of Iowa,
Plaintiff–Appellee,
v.
Javier Anthony Castorena,
Defendant–Appellant.
_______________
Appeal from the Iowa District Court for Cerro Gordo County,
The Honorable Adam D. Sauer, Judge.
_______________
AFFIRMED
_______________
Chris Raker, East Dubuque, Illinois, attorney for appellant.
Brenna Bird, Attorney General, and Martha E. Trout (until withdrawal) and
Benjamin Parrott, Assistant Attorneys General, attorneys for appellee.
_______________
Considered without oral argument
by Ahlers, P.J., and Chicchelly and Langholz, JJ.
Opinion by Langholz, J.
1
LANGHOLZ, Judge.
After pleading guilty to driving while barred, Javier Castorena was
sentenced to sixty days in jail with work-release privileges and a suspended
fine. See Iowa Code § 321.561 (2024). He appeals his sentence, arguing that
the district court considered an improper factor—information in the minutes
of testimony that Castorena gave “a false name” when he was stopped—
because the State highlighted that factor when urging the court to impose a
sixty-day sentence. But the court did not rely on that factor when explaining
the sentence it imposed. Indeed, the court expressly agreed to Castorena’s
request that it not consider the factor. That the court ultimately imposed the
same sentence urged by the State is not enough to satisfy Castorena’s burden
to show that the court nevertheless considered an improper factor. We thus
affirm Castorena’s sentence.
We review a district court’s discretionary sentencing decisions for an
abuse of discretion. See State v. Gordon, 998 N.W.2d 859, 862 (Iowa 2023).
This deferential standard of review recognizes that the court’s decision “to
impose a particular sentence within the statutory limits is cloaked with a
strong presumption in its favor.” State v. Formaro, 638 N.W.2d 720, 724
(Iowa 2002). Still, a district court exceeds its discretion—and we must
remand for resentencing—when the court relies on an improper factor, “even
if it was merely a secondary consideration.” State v. Schooley, 13 N.W.3d 608,
618 (Iowa 2024) (cleaned up). A defendant must “show that the court was
not just merely aware of the factor, but that it relied on the factor in
determining its sentence.” State v. McCollaugh, 5 N.W.3d 620, 627
(Iowa 2024). And “[w]e will not draw an inference of improper sentencing
considerations which are not apparent from the record.” Formaro, 638
N.W.2d at 725.
2
One such improper factor is “[i]nformation contained in the minutes
of testimony” unless the facts “are admitted to or otherwise established as
true.” State v. Lovell, 857 N.W.2d 241, 243 (Iowa 2014) (cleaned up); see also
State v. Black, 324 N.W.2d 313, 316 (Iowa 1982) (“[W]here portions of the
minutes are not necessary to establish a factual basis for the guilty plea, they
are denied by the defendant, and they are otherwise unproved, we find no
basis to allow the sentencing court to consider and rely on these portions.”).
Here, the State recommended that the district court impose a sixty-
day jail sentence and a suspended fine. And it gave as “reasons for that
recommendation” both that this offense “would be [Castorena’s] sixth
Driving While Barred which is substantial in the State’s mind” and that
“after he got stopped, he did provide a false name.” Castorena immediately
objected “to consideration of anything in the Minutes of Testimony that is
not necessary to establish the offense.” The court clarified Castorena was
“asking the Court to not consider [the prosecutor’s] comment that your
client gave a different name upon being pulled over.” And then the court
agreed, saying “I will not consider the comment or anything in the reports
about a different name being provided by your client.”
Castorena urged the court to impose a “fully suspended” two-year
prison sentence and one year of probation instead of requiring him to serve a
sixty-day jail sentence. He argued that “probation would allow . . . the judicial
system to keep an eye on him to make sure that he doesn’t drive anymore or
get into anymore trouble” and would provide “greater protection [to] the
community because if he’s on probation for a year, . . . that’s much longer
than the time that he would be asked to be placed in the jail.” He also
highlighted that “he is the primary caregiver of a veteran and she needs to be
monitored 24 hours a day,” which he could not do from jail, even with work
3
release. And he pointed out that he had now obtained a driver’s license and
took responsibility by pleading guilty.
The court ultimately agreed with the State and imposed a sixty-day jail
sentence and a suspended fine. The court thoughtfully explained its reasons
for selecting this jail sentence at sentencing:
Iowa law requires the Court impose a sentence that considers your need
for and potential for rehabilitation, as well as the necessity of protecting
the community from further offenses by you and others. A lot of factors go
into that being, your age, prior criminal history, driving record, obviously
your employment, family circumstances, the nature of this offense,
obviously the Court has had a chance to review the exhibit, that is the letter
from [the Department of Veterans Affairs] with regards to your
employment and your care of [the veteran], [your attorney] . . . has made
some really good points with regards to your situation and [the prosecutor]
has as well, you know, there’s a lot of factors that go into the decision. One,
I’m encouraged that you have obtained the license there so obviously going
forward you don’t have these types of issues. You know, so all those are
factors that the Court weighs, including like I said, prior history, criminal
history, driving record, things of that nature, so . . . with regards to the
sentence, I am going to order that you serve a period of 60 days in jail, it
will not be suspended, I’m going to give you 30 days in which to serve that
sentence. And I am going to grant you work release privileges so that you
can hopefully make arrangements with regards to . . . your employment
and your care so that you can try to still provide that care to the best you
can and give you . . . 30 days in which to try to make those arrangements.
True to the court’s ruling on Castorena’s objection, it did not include as one
of its reasons for the sentence any information about Castorena giving a false
name when he was stopped driving while barred.
Even so, Castorena argues that he has overcome the presumption
cloaking sentencing decisions because the court imposed the same sentence
recommended by the State and “[t]he State’s reliance upon unproven
conduct was ‘baked into’ this recommendation.” We disagree. We trust
4
sentencing courts to filter out unproven facts mentioned by a prosecutor—
even when the court does not expressly disavow consideration of the factor.
See McCollaugh, 5 N.W.3d at 627–28 (holding that the defendant failed to
meet his burden to show the court relied on the unproven conduct
commented on by the prosecutor when “[i]n its sentencing order, the district
court explicitly delineated the reasons for the sentence and never mentioned
the comment made by the prosecutor during the sentencing hearing”); State
v. Canady, 4 N.W.3d 661, 675–76 (Iowa 2024) (reasoning that “[w]e trust that
sentencing courts will ‘filter out’ any improper or irrelevant material in
victim-impact statements” or “anything in the minutes of testimony that
wasn’t actually proved at trial” unless there is “clear evidence to the
contrary”). But here we need not rely just on that trust. The court expressly
agreed with Castorena that it would not consider the unproven conduct from
the minutes of testimony that was mentioned by the State. And the court’s
stated reasons for its selected sentence also backed that up. We will not infer
that the court considered an improper factor that it expressly disavowed
merely because it agreed with the State’s bottom-line sentencing
recommendation for reasons unrelated to that factor. We thus affirm
Castorena’s sentence.
AFFIRMED.
5