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Case No. 18-1597

State of Iowa
v.
Courtney Allen Kellum

Appellee

State of Iowa

Appellant

Courtney Allen Kellum

Attorneys for Appellee

Katie Krickbaum, Assistant Attorney General

Attorneys for Appellant

Jeffrey L. Powell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1597
Date Published:
Feb 19, 2020
Summary

            Appeal from the Iowa District Court for Lee (South) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (4 pages)

            Courtney Kellum appeals the prison sentence imposed following his guilty pleas to delivery of methamphetamine and willful injury causing bodily injury.  Kellum argues the district court was “unreasonable in ignoring the recommendations of the Department of Corrections and the prosecutor.”  In response, the district court pointed to Kellum’s age and criminal history—thirty-four years old; six thefts; four assaults; three interference with official acts; ten alcohol-related offenses; and one controlled substance offense.  OPINION HOLDS: First, a sentencing court does not abuse its discretion by refusing to grant probation even if recommended by the presentence investigation report and the parties.  Second, the district court decided on incarceration after considering Kellum’s age, criminal history, employment circumstances, family circumstances, the nature of the offenses, and the information contained in the presentence investigation report.  Kellum fails to overcome the presumption the sentencing court properly exercised its discretion.

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