State of Iowa
v.
Tamora Morrise
Appellee
State of Iowa
Appellant
Tamora Morrise
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorneys for the Appellant
Thomas J. O'Flaherty (until withdrawal)
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Doyle, P.J., Schumacher, J., and Danilson, S.J. Opinion by Doyle, P.J. (5 pages)
Tamora Morrise appeals the sentence imposed following her conviction of second-degree theft. She contends the sentencing court improperly relied on uncharged and unproven conduct. OPINION HOLDS: We conclude the district court relied on an improper factor during sentencing. We vacate Morrise’s sentence and remand the case to the district court for resentencing before a different judge.
