State of Iowa
v.
Reginald Creshawn Doss
Appellee
State of Iowa
Appellant
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:
Summary
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.
