State of Iowa v. Kenneth Ray Washington III

WATERMAN, Justice.

In this appeal, we must decide whether the sentencing court improperly penalized *652the defendant for invoking his Fifth Amendment right against self-incrimination. We conclude that when the district court asks the defendant a question at sentencing and then imposes an adverse sentencing consequence unrelated to any legitimate penological purpose of the inquiry because the defendant invoked his Fifth Amendment rights, the defendant has been improperly penalized.

Kenneth R. Washington III pled guilty to possession of marijuana. The State agreed to jointly recommend a deferred…