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Case No. 21-1717

State of Iowa
Reginald Creshawn Doss


State of Iowa


Reginald Creshawn Doss

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Austin Jungblut

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 17, 2022

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Chicchelly, J., and Danilson, S.J.*  Opinion by Chicchelly, J.  Special concurrence by Danilson, S.J.  (7 pages)

            Reginald Doss appeals his conviction and sentence for possession of marijuana with intent to deliver, in violation of Iowa Code section 124.401(1)(d) (2021).  OPINION HOLDS: Because sufficient evidence supports the defendant’s conviction and error was not preserved on his evidentiary challenge, we affirm Doss’s conviction.  We vacate Doss’s sentence and remand for resentencing due to an erroneous application of the law. SPECIAL CONCURRENCE ASSERTS: I concur specially to add that the validity of a sentencing order where the defendant’s presence is waived is highly dependent on the paper trail leading up to the issuance of the sentencing order. 

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