Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1657

State of Iowa
Thomas Ray Davis


State of Iowa


Thomas Ray Davis

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Angela L. Campbell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 07, 2018

            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.

© 2024 Iowa Judicial Branch. All Rights Reserved.