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Case No. 19-2061

State of Iowa
Ricardo Rodriguez


State of Iowa


Ricardo Rodriguez

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 17, 2021

            Appeal from the Iowa District Court for Jefferson County, Joel D. Yates, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J. (5 pages)

            After pleading guilty to possession with intent to deliver (methamphetamine) and possession, third or subsequent offense (heroin), Ricardo Rodriguez challenges the sentencing hearing and his sentences.  Specifically, Rodriguez contends the district court failed to state adequate reasons on the record for the sentence it imposed.  He also maintains the court imposed an illegal sentence because he did not have two qualifying predicate convictions to be sentenced for a third or subsequent offense under Iowa Code section 124.401(5) (2019).  OPINION HOLDS: As the State concedes, the district court erred in sentencing Rodriguez as a third or subsequent offender because he did not commit his second offense after his first conviction.  We vacate Rodriguez’s sentences and remand for resentencing.

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