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Case No. 19-0184

State of Iowa
Jay Steven Genthe


State of Iowa


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:
Sep 02, 2020

            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.

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