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Case No. 18-0444

State of Iowa
v.
Jose Felipe Pena

Appellee

State of Iowa

Appellant

Jose Felipe Pena

Attorney for the Appellee

Thomas E. Bakke, Assistant Attorney General

Attorney for the Appellant

Nan Jennisch, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0444
Date Published:
Sep 26, 2018
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            Jose Pena appeals the sentence imposed upon his conviction of child endangerment resulting in bodily injury, contending the district court improperly relied on unproven and unadmitted facts in sentencing.  OPINION HOLDS: We conclude the unchallenged portions of the presentence-investigation report, which were permissible considerations, are sufficient to establish the matter Pena complains the court relied on in denying his sentencing requests.  Accordingly, we affirm. 

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