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Case No. 20-1181

State of Iowa
v.
Robert Ritchie

Appellee

State of Iowa

Appellant

Robert Ritchie

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Matthew M. Boles and Adam C. Witosky

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1181
Date Published:
Jul 21, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, Judge.  SENTENCE AFFIRMED IN PART AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            After entering a plea of guilty, Robert Ritchie appeals his sentence for operating while intoxicated (OWI), second offense.  First, Ritchie claims the district court erred by denying him his right of allocution.  Next, Ritchie asserts his sentence is illegal because the district court failed to order compliance with recommendations proposed in a substance-abuse evaluation.  Lastly, Ritchie argues the district court abused its discretion by failing to consider a critical health issue before sentencing him to prison.  OPINION HOLDS: We find the sentencing court did not deny Ritchie his right of allocution.  Likewise, we find no abuse of discretion in the sentence imposed.  However, we remand to the district court for entry of a corrected sentencing order requiring Ritchie to comply with the recommendations in his substance-abuse evaluation.  All other provisions of the sentencing order shall remain unchanged.

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