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Case No. 18-1188

State of Iowa
Brandon Ray Ross


State of Iowa


Brandon Ray Ross

Attorney for the Appellee

Kevin Cmelik, Assistant Attorney General

Attorney for the Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 03, 2019

            Appeal from the Iowa District Court for Calhoun County, Kurt L. Wilke, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Potterfield, P.J., Doyle, J., and Gamble, S.J.  Opinion by Gamble, S.J. (6 pages)

            Brandon Ross appeals the sentence imposed following the revocation of three deferred judgments.  Ross claims the sentencing court did not exercise its discretion in revoking deferred judgment and imposing prison sentences.  OPINION HOLDS: The district court failed to exercise its sentencing discretion and, instead, applied a fixed sentencing policy.  We vacate the sentencing order and remand for resentencing.

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