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Case No. 21-0985

Dale Robert Tournier
v.
State of Iowa

Appellant

Dale Robert Tournier

Appellee

State of Iowa

Attorney for the Appellant

Thomas M. McIntee

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0985
Date Published:
Aug 03, 2022
Summary

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Vadim Shultsev appeals his sentence after pleading guilty to driving while barred.  He argues the sentencing court considered an impermissible factor, determining he should serve a longer prison sentence because he would receive better medical care than he would in the county jail.  OPINION HOLDS: Because the court could consider Shultsev’s health as a mitigating factor in making its sentencing determination, we affirm.

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