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Case No. 21-1263

State of Iowa
Michael Douglas Ahrenholz


State of Iowa


Michael Douglas Ahrenholz

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

R.A. Bartolomei

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 21, 2022

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (13 pages)

                Michael Ahrenholz appeals his prison sentence arguing the sentencing judge considered unproven and unadmitted facts, and the county attorney breached the plea agreement by not advocating for a suspended sentence and by introducing victim impact statements that argued for sentence other than the plea agreement.  And he complains about the lack of advanced notice of the victim impact statements.  OPINION HOLDS: The prosecutor did not undermine the plea agreement regarding victim impact statements, but did violate the agreement by failing to advocate adequately for its adoption by the court.  The court did not consider an unproven fact from the victim impact statements in determining sentence.  We vacate the sentence and remand for resentencing before a different judge. 

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