State of Iowa v. Martin Thicklen
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1797
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1797
Filed October 7, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Martin Thicklen,
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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John C. Heinicke of Kragnes & Associates, P.C., West Des Moines,
attorney for appellant.
Brenna Bird, Attorney General, and Katherine Wenman, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Tabor, C.J., and Schumacher and Buller, JJ.
Opinion by Schumacher, J.
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SCHUMACHER, Judge.
Martin Thicklen appeals his sentence following his conviction of
eluding as a habitual offender in violation of Iowa Code section 321.279(2)(a)
(2025), asserting the district court abused its discretion by rejecting the
parties’ joint recommendation for probation and instead sentencing him to
fifteen years of incarceration with a mandatory minimum of three years.
Upon our review, we affirm.
I. Background Facts & Proceedings
Law enforcement was surveilling a vehicle registered to Thicklen, who
was known to have outstanding warrants and a barred driver’s license.
Officers eventually saw Thicklen enter the vehicle and drive away through an
alleyway. The officers engaged emergency lights and pursued Thicklen, who
was driving at least seventy-five miles per hour away from the officers.
Thicklen eventually crashed into a parking sign after bottoming out the
vehicle. Law enforcement then pursued Thicklen on foot until he gave up the
chase. Thicklen was taken into custody and subsequently charged with
several offenses, including eluding with speeding, twenty-five miles per hour
over the limit. The State provided notice of intent to seek the habitual
offender enhancement.
Pursuant to a plea agreement, Thicklen pled guilty to the eluding
charge with the remaining charges to be dismissed. The plea agreement also
recommended probation conditioned on inpatient substance abuse
treatment. The plea agreement recited that the court was not bound by the
plea agreement and could sentence Thicklen to the maximum sentence
provided by law. At the sentencing hearing, the district court rejected the
joint recommendation for probation and instead sentenced Thicklen to
fifteen years of incarceration with a mandatory three years on the eluding
2
charge. 1 The district court dismissed the remaining charges. Thicklen
appeals, challenging his sentence.
II. Analysis
Decisions of a sentencing court “to impose a specific sentence that
falls within the statutory limits is cloaked with a strong presumption in its
favor, and will only be overturned for an abuse of discretion or the
consideration of inappropriate matters.” State v. Damme, 944 N.W.2d 98,
105–06 (Iowa 2020) (cleaned up). When reviewing sentencing decisions, “we
must determine [if the district court’s] decision was exercised on grounds or
for reasons that were clearly untenable or unreasonable.” Id. at 106 (cleaned
up). “We afford sentencing judges a significant amount of latitude” when
reviewing their sentencing determinations. Id.
Thicklen argues the district court abused its discretion by rejecting the
parties’ joint plea recommendation for probation. We disagree. Sentencing
courts are not bound by plea agreements between the parties. See State v.
Bearse, 748 N.W.2d 211, 216 (Iowa 2008). The goals of a sentencing court are
to afford a defendant with a “maximum opportunity to rehabilitate the
defendant and to protect the community.” Damme, 944 N.W.2d at 106. When
sentencing, the court must weigh several factors including: “the nature of the
offense, the attending circumstances, the age, character and propensity of the
offender, and the chances of reform,” as well as “the defendant’s prior record
of convictions . . . , employment status, family circumstances, and any other
relevant factors.” Id. (cleaned up).
1
This sentence ran concurrently to sentences imposed in three other cases as a
result of probation-revocation proceedings.
3
Here, the district court properly weighed relevant factors, including
Thicklen’s criminal record, mental health, family circumstances, the nature
of the eluding offense, substance-use history, and treatment options. Based
on these factors, the district court determined that Thicklen would be
unlikely to succeed on probation and that incarceration was appropriate. The
sentence imposed was not “based on grounds that were clearly untenable or
unreasonable.” See State v. Gordon, 998 N.W.2d 859, 862 (Iowa 2023).
Accordingly, we find no abuse of discretion and affirm Thicklen’s sentence.
AFFIRMED.
4