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Case No. 20-0596

State of Iowa
v.
Sedrick Andre Mixon

Appellee

State of Iowa

Appellant

Sedrick Andre Mixon

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0596
Date Published:
Mar 17, 2021
Summary

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (6 pages)

            Sedrick Mixon appeals his conviction, sentence, and judgment for failure to comply, as an habitual offender.  On appeal, Mixon asserts the district court lacked substantial evidence to convict him of failure to comply with sex offender registry requirements because the State failed to present any evidence regarding Mixon’s qualifying offense and duration of registration.  Alternatively, if we find substantial evidence supports the conviction, Mixon challenges a defect in the sentencing order.  OPINION HOLDS: Substantial evidence supports Mixon’s conviction.  But, as both parties agree, the district court incorrectly imposed a fine based on the habitual-offender enhancement, creating an illegal sentence.  Therefore, we affirm Mixon’s conviction, vacate the improper fine from his sentence, and remand for resentencing as to the fine only.

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