State of Iowa
v.
Jay Steven Genthe
Appellee
State of Iowa
Appellant
Jay Steven Genthe
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Stuart Hoover
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge. WRIT ANNULLED. Considered by Bower, C.J., Ahlers, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (4 pages)
Jay Genthe appeals from his sentence, including the order nunc pro tunc filed after the initial sentencing order. Genthe understands the court’s second order to show the court reconsidered his sentence and maintains the court’s reconsideration was illegal because it was not done in accordance with Iowa Code section 903.2 (2019). We treat Genthe’s appeal as a petition for writ of certiorari and grant the petition. OPINION HOLDS: Because the district court did not err in its use of the order nunc pro tunc, we annul the writ.
