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Case No. 21-0582

State of Iowa
Matthew Alan Garbers


State of Iowa


Matthew Alan Garbers

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Nan Jennisch, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 30, 2022

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Matthew Garbers appeals his convictions for two counts of possession of a controlled substance with prior offense enhancements.  OPINION HOLDS: Garbers was improperly sentenced on an enhanced possession charge when he was not charged with or found guilty of a charge with such enhancement.  On this matter, the decision of the district court is vacated and remanded.  There was sufficient evidence to support his conviction on the other enhanced possession charge, which we affirm.

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