State of Iowa
v.
Joseph Ricardo Cruz Cordero
Appellee
State of Iowa
Appellant
Joseph Ricardo Cruz Cordero
Attorneys for the Appellee
Sharon K. Hall, Assistant Attorney General (until withdrawn)
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge. SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (4 pages)
Joseph Cruz claims the district court improperly considered the possibility his other convictions would be overturned on appeal when it ordered his ten-year sentence to run consecutively to those convictions. OPINION HOLDS: We find the district court relied on an improper factor when sentencing Cruz. Accordingly, we vacate his sentence and remand for resentencing before a different judge.