State of Iowa
v.
Caleb Lee Birch
Appellee
State of Iowa
Appellant
Caleb Lee Birch
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
20-1111
Date Published:
Apr 14, 2021
Summary
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (6 pages)
Caleb Birch challenges his sentence for the crime of possession with intent to deliver marijuana. Birch claims the district court improperly considered unproven and unadmitted offenses. OPINION HOLDS: In sentencing Birch, the district court referenced details that were part of the crime to which Birch pleaded guilty, and the record establishes Birch admitted those facts. Therefore, we find no abuse of discretion and affirm.
