State of Iowa
v.
Matthew Alan Garbers
Appellee
State of Iowa
Appellant
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:
Summary
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.
