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Case No. 20-0565

State of Iowa
v.
Joseph Cruz Cordero

Appellee

State of Iowa

Appellant

Joseph Cruz Cordero

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Attorney for the Appellant

Mary K. Conroy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0565
Date Published:
Jul 21, 2021
Summary

            Appeal from the Iowa District Court for Hardin County, Angela L. Doyle, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR NEW SENTENCING HEARING.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (6 pages)

            Joseph Cruz Cordero appeals following his convictions for distributing a controlled substance (marijuana) to a minor within 1000 feet of a public park and third-degree sexual abuse.  OPINION HOLDS: We conclude Cruz’s waiver of an in-person hearing was not knowing, intelligent, and voluntary, and the waiver was invalid.  We vacate the sentences imposed on Cruz’s convictions and remand the matter for a new sentencing hearing.

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