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Case No. 20-0256

State of Iowa
Brett Gilden


State of Iowa


Brett Gilden

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Attorney for the Appellant

Joey T. Hoover

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 30, 2020

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J. (4 pages)

            Brett Gilden appeals the sentence imposed upon his conviction of willful injury causing serious injury.  He argues the court failed to exercise the discretion allowed to it under Iowa Code section 901.10(1) (2019) to reduce the five-year mandatory minimum mandated by Iowa Code section 902.7.  OPINION HOLDS: We find the record clear that the sentencing court was unaware of its discretion to reduce the mandatory minimum and that discretion was therefore not exercised, as required, which mandates resentencing.  We vacate the sentence imposed upon count one and remand for resentencing. 

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