State of Iowa
v.
Eddy Shami Muligande
Appellee
State of Iowa
Appellant
Eddy Shami Muligande
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
John L. Dirks
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Doyle and May, JJ. Opinion by May, J. Special Concurrence by Doyle, J. (6 pages)
Muligande pled guilty to two charges of public intoxication, second offense. Each violation was a serious misdemeanor under Iowa Code sections 123.46(2) and 123.91 (2018). For each violation, the district court imposed a one-year term of confinement. The court ran the sentences consecutively for a total indeterminate term not to exceed two years. On appeal, Muligande argues his sentence constitutes cruel and unusual punishment. OPINION HOLDS: Muligande’s sentence does not violate the Eighth Amendment to the U.S. Constitution or article I, section 17 of the Iowa Constitution. We affirm. SPECIAL CONCURRENCE ASSERTS: Muligande’s term of two year’s imprisonment is stunning, but the majority got the law right and I am duty-bound to concur.
