State of Iowa
v.
Alphonze Theophilus Emanuel
Appellee
State of Iowa
Appellant
Alphonze Theophilus Emanuel
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J. Opinion by Vaitheswaran, P.J. (5 pages)
Alphonze Emanuel argues the sentencing court’s imposition of two statutory surcharges—a law-enforcement-initiative surcharge and a drug-abuse-resistance-education surcharge—was illegal because the legislature repealed the statutes prior to his resentencing. OPINION HOLDS: The sentencing court erred in imposing the two surcharges because the original sentence was vacated, meaning at resentencing the court had to begin anew with the statutes that were then in effect.
