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Case No. 17-1657

State of Iowa
v.
Thomas Ray Davis

Appellee

State of Iowa

Appellant

Thomas Ray Davis

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Angela L. Campbell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1657
Date Published:
Nov 07, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  Dissent by McDonald, J.  (5 pages)

            The district court treated Thomas Davis’s second motion to correct an illegal sentence—filed shortly after Davis was resentenced due to a meritorious first motion to correct an illegal sentence—as an appeal.  OPINION HOLDS: We disagree with the district court’s treatment of the motion as an appeal; we reverse and remand to the district court for ruling on the second motion.  DISSENT ASSERTS: I would dismiss the appeal for lack of appellate jurisdiction.

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