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Case No. 18-1385

State of Iowa
Phillip Williams


State of Iowa


Phillip Williams

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 09, 2019

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J. (5 pages)

            Phillip Williams appeals his sentence following his guilty plea to attempted burglary.  At sentencing, Williams limited his expression of remorse to what his crime “cost [him in] custody, visitation, [and] phone contacts . . .  [f]or the better part of a year.”  The sentencing court considered Williams’s lack of attention to the victim’s situation among the many factors it weighed before choosing to send him to prison.  Williams contends the sentencing court abused its discretion in considering his failure to acknowledge how his actions “affected the victim of this case.”  OPINION HOLDS: A defendant’s attitude about his crime informs what he needs to accomplish in his rehabilitation.  Nothing in this record shows the sentencing court abused its discretion by relying on an improper factor.

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