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Case No. 20-0322

State of Iowa
Abraham Ramirez


State of Iowa


Abraham Ramirez

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 17, 2021

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge, and Cynthia Moisan and Becky Goettsch, District Associate Judges.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  Dissent by Ahlers, J.  (13 pages)


            Abraham Ramirez appeals the revocation of his deferred judgment and the imposition of judgment and sentence for extortion.  OPINION HOLDS: Because defense counsel lacked access to the presentence investigation report before sentencing (in violation of the statutory notice requirement under Iowa Code 901.4 (2020)) and the court improperly relied on the report in its sentencing decision, we vacate the imposed sentence and remand for resentencing.  DISSENT ASSERTS: Ramirez and his initial defense counsel obtained access to the one and only presentence investigation report (PSI) in this case over six months before the sentencing hearing at issue and were given the option to deny or refute information in the report, which they declined.  The fact Ramirez had different counsel for the probation revocation proceeding did not somehow undo the fact Ramirez and his previous counsel had received the PSI, reviewed it, and approved it six months earlier. Under these circumstances, I cannot conclude there was a violation of section 901.4.  Because Ramirez’s other challenges are without merit, I would affirm the district court.

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