Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-1583

State of Iowa
v.
Zachary Alan Becker

Appellee

State of Iowa

Appellant

Zachary Alan Becker

Attorney for the Appellee

Katie Krickbaum, Assistant Attorney General

Attorney for the Appellant

Thomas J. Viner

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1583
Date Published:
Jun 30, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge.  AFFIRMED AND REMANDED FOR ENTRY OF A NUNC PRO TUNC ORDER.  Considered by Mullins, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Zachary Becker pled guilty to operating while intoxicated (OWI), third or subsequent offense, and driving while barred as an habitual offender.  In September 2019, he was sentenced to terms of incarceration not to exceed five years and two years, respectively.  On appeal, Becker challenges his sentences, arguing the court failed to state adequate reasons on the record to support imposing them.  OPINION HOLDS: The court considered the sentencing options before it and stated adequate reasons on the record for the sentence imposed, so we affirm Becker’s sentences.  Because of the discrepancy between the court’s oral pronouncement and the written sentencing order, we remand for entry of a nunc pro tunc order so the sentencing order accurately reflects that Becker is to serve consecutive terms of imprisonment. 

© 2023 Iowa Judicial Branch. All Rights Reserved.