State of Iowa v. Steven Don Allison
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1016
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1016
Filed October 7, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Steven Don Allison,
Defendant–Appellant.
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Appeal from the Iowa District Court for Polk County,
The Honorable David Porter, Judge.
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AFFIRMED
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Erin M. Carr of Carr Law Firm, P.L.C., Des Moines, attorney for appellant.
Brenna Bird, Attorney General, and Timothy M. Hau, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Schumacher, P.J., and Ahlers and Badding, JJ.
Opinion by Ahlers, J.
1
AHLERS, Judge.
Pursuant to a plea agreement, Steven Allison pleaded guilty to an
amended charge of theft in the second degree, a class “D” felony. The
district court declined to follow a joint recommendation for probation.
Instead, it ordered Allison to serve an indeterminate prison sentence not to
exceed five years.
Allison appeals to challenge the sentence imposed.1 He contends the
court failed to consider mitigating factors and to properly weigh mitigating
factors.2 We address each claim in turn.
As to his claim that the court failed to consider the mitigating factors
of his family and employment circumstances, we disagree for two reasons.
First, in its stated reasons for the sentence, the court noted that it considered
the information in the presentence investigation report (PSI), and the PSI
included information about Allison’s family and employment circumstances.
So the court did consider the factors Allison claims it did not. Second,
though the court has the duty to consider all relevant circumstances, it is not
“required to specifically acknowledge each claim of mitigation urged by a
defendant.” State v. Boltz, 542 N.W.2d 9, 11 (Iowa Ct. App. 1995). So, we
1
Because Allison challenges a sentence that was neither mandatory nor agreed to
as part of the plea agreement, he has established good cause to appeal despite his guilty
plea, so we have jurisdiction to hear his appeal. See Iowa Code § 814.6(1)(a)(3) (2025);
State v. Damme, 944 N.W.2d 98, 105 (Iowa 2020).
2
Allison’s appellate brief makes passing reference to several other possible issues.
If Allison intended to raise any issues other than those we have identified, we consider
them forfeited for failing to clearly identify them, failing to make an argument in support
of them, failing to make more than a perfunctory argument in support of them, or failing
to cite any authority in support of them. See State v. Jackson, 4 N.W.3d 298, 311 (Iowa
2024) (listing ways a party forfeits an issue on appeal).
2
reject Allison’s challenge based on the claim that the court failed to consider
mitigating factors.
We also reject Allison’s claim that the court abused its discretion by
failing to properly weigh mitigating factors. Allison’s argument is based on a
misunderstanding of our role in reviewing the sentence. On appeal, the test
is not whether we may have weighed various sentencing factors differently.
State v. Gordon, 998 N.W.2d 859, 863 (Iowa 2023). Nor is our role to second
guess the district court’s sentencing decision. Id. Rather, our role is to
determine whether the sentencing decision was unreasonable or based on
untenable grounds. Id. Having reviewed the record, we find no evidence that
Allison’s sentence was based on grounds that were unreasonable or
untenable. See id. As such, we find no abuse of discretion.
Having rejected Allison’s challenges to the sentence imposed, we
affirm.
AFFIRMED.
3