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Case No. 20-1625

State of Iowa
v.
Luis A. Cruz

Appellee

State of Iowa

Appellant

Luis A. Cruz

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Chad R. Frese

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1625
Date Published:
Nov 03, 2021
Summary

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  SENTENCES VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Mullins, P.J., May, J., and Danilson, S.J.  Opinion by Mullins, P.J. (15 pages)

            Luis Cruz appeals the sentences imposed, following guilty pleas, upon his criminal convictions relating to crimes he committed when he was sixteen years old.  He argues the sentencing court abused its discretion by improperly weighing and considering the sentencing factors for youthful offenders.  OPINION HOLDS: We conclude the district court abused its discretion in relation to the third and fifth sentencing factors for juvenile offenders and in its analysis and conclusion to impose the maximum mandatory minimum sentence.  We vacate the sentences imposed and remand for resentencing before a different judge. 

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