State of Iowa
v.
Monica Marie Sandoval
Appellee
State of Iowa
Appellant
Monica Marie Sandoval
Attorneys for Appellee
Thomas J. Ogden, Assistant Attorney General
Attorneys for Appellant
Cathleen J. Siebrecht
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, James D. Birkenholz, District Associate Judge. PROBATION REVOCATION REVERSED, SENTENCE VACATED, AND CASE REMANDED. Heard by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. (6 pages)
Monica Sandoval challenges the imposition of judgment and sentence on her offense of fourth-degree theft, claiming the district court contravened Iowa Code section 908.11 (2017) by imposing a jail sentence for contempt and revoking her deferred judgment based on the same probation violation. OPINION HOLDS: Because under these circumstances the original probation violation cannot result in both a contempt punishment and revocation of her deferred judgment, we reverse the revocation of Sandoval’s deferred judgment, vacate the imposition of sentence, and remand for further proceedings consistent with this opinion.
