State of Iowa v. Monte Dean Neubauer

── State of Iowa v. Monte Dean Neubauer ── Court: Court of Appeals of Iowa Date: April 29, 2026 Category: General IN THE COURT OF APPEALS OF IOWA _______________ No. 25-0586 Filed April 29, 2026 _______________ State of Iowa, Plaintiff–Appellee, v. Monte Dean Neubauer, Defendant–Appellant. _______________ Appeal from the Iowa District Court for Cerro Gordo County, The Honorable Karen Kaufman Salic, Judge. _______________ AFFIRMED _______________ Nathan A. Olson of Branstad & Olson Law Office, Des Moines, attorney for appellant. Brenna Bird, Attorney General, and Olivia D. Brooks, Assistant Attorney General, attorneys for appellee. _______________ Considered without oral argument by Tabor, C.J., and Chicchelly and Sandy, JJ. Opinion by Sandy, J. 1 SANDY, Judge. This appeal turns less on what the district court denied than on what the defendant declined. Despite receiving a continuance, advance notice of the rescheduled hearing, and additional opportunities to confer with counsel and present mitigating evidence, Monte Neubauer proceeded to sentencing and now challenges both the process and the result. Finding no abuse of discretion in either the denial of a further continuance or the imposition of consecutive sentences, we affirm. BACKGROUND FACTS AND PROCEEDINGS Neubauer was charged in two separate Cerro Gordo County matters arising from events occurring in November 2024. The State charged Neubauer with eluding and driving while barred following an incident on November 15. Law enforcement attempted to stop Neubauer while he was operating a motor vehicle with a barred license. Neubauer did not immediately stop but continued driving to his residence while generally complying with traffic laws. Less than two weeks later, on November 26, officers encountered Neubauer in connection with outstanding probation-violation warrants. During that encounter, a search of his person yielded a small quantity of methamphetamine, leading to a charge of possession of a controlled substance, third offense. On February 4, 2025, Neubauer entered guilty pleas to possession of a controlled substance, third offense, and eluding. As part of the resolution, the State dismissed the driving-while-barred count in the earlier case. The district court accepted his pleas and scheduled sentencing for March 4. 2  Before sentencing, Neubauer moved to withdraw his guilty pleas and stipulations related to probation violations. The district court set the matter for hearing and, upon request, granted a continuance to allow additional preparation following the filing of the presentence investigation report. The hearing was scheduled for March 10. At the hearing, Neubauer withdrew his motion to withdraw his pleas but requested an additional continuance, citing limited preparation time, recent schedule changes, and the unavailability of witnesses he intended to present at sentencing. The State resisted further delay, noting the matter had been pending and that the defense had prior opportunity to prepare. The district court initially considered a brief continuance but also addressed concerns raised by Neubauer regarding counsel and preparation. After a colloquy with the parties and opportunities to confer further with counsel, the court proceeded with sentencing. At sentencing, the State requested consecutive sentences and revocation of probation, including terms of incarceration for the underlying offenses. Neubauer requested more lenient dispositions