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:
Date Published:
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.
