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Case No. 20-1531

State of Iowa
Kenneth Hoxsey


State of Iowa


Kenneth Hoxsey

Attorney for the Appellee

Sharon K. Hall, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 12, 2022

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  Special Concurrence by Ahlers, J.  Dissent by May, J.  (9 pages)

            Kenneth Hoxsey appeals his sentence of immediate incarceration.  OPINION HOLDS: The district court explained its valid reasons for imposing sentence, did not consider inappropriate matters, and did not abuse its discretion.  We affirm.  SPECIAL CONCURRENCE ASSERTS: I write separately to emphasize a defendant appealing following a guilty plea should always explicitly address “good cause” in the appellant’s brief, even if failure to do so is not always fatal.  DISSENT ASSERTS: Because I am not convinced we have jurisdiction, I must respectfully dissent.

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