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Case No. 21-1926

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Sharon K. Hall, Assistant Attorney General (until withdrawn)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:
21-1926
Date Published:
Oct 19, 2022
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. 

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