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Case No. 20-0738

State of Iowa
v.
Alphonze Theophilus Emanuel

Appellee

State of Iowa

Appellant

Alphonze Theophilus Emanuel

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0738
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR NEW SENTENCING HEARING.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J. (11 pages)

            Alphonze Emanuel appeals his conviction of possession of methamphetamine with intent to deliver, challenging the sufficiency of the evidence supporting the charge.  He also appeals the sentences imposed upon said conviction and two other convictions, arguing his waiver of in-person sentencing was not tendered knowingly and voluntarily.  OPINION HOLDS: We find the evidence sufficient to support Emanuel’s conviction of possession of methamphetamine with intent to deliver.  We vacate the sentences imposed on Emanuel’s convictions and remand the matter for a new sentencing hearing.

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