Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge. CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Vaitheswaran, P.J. Dissent by Ahlers, J. (7 pages)

Tasha Koppes appeals her sentence following her guilty plea to interference with official acts resulting in bodily injury, claiming the court relied on impermissible factors in sentencing her. OPINION HOLDS: We conclude an unproven or unprosecuted substance-abuse related offense was considered in sentencing. We vacate the sentence and remand for resentencing. DISSENT ASSERTS: I believe the district court did not improperly consider any unprosecuted or unproven offenses in issuing Tasha Koppes’s sentence. I believe her sentence was within the court’s discretion, and I would affirm.