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Case No. 22-0278

State of Iowa
v.
Adam Michael Bowen

County:
Jasper

Appellee

State of Iowa

Appellant

Adam Michael Bowen

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0278
Date Published:
Nov 17, 2022
Summary

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (7 pages)

            Adam Bowen appeals the disposition of his probation-revocation proceedings.  He argues the court considered an improper factor when it adjudicated him guilty and sentenced him to prison following revocation of his probation and deferred judgment.  OPINION HOLDS: We agree with Bowen that the court considered an improper factor when it considered timing of parole when fashioning a sentence for Bowen.  The probation violations remain undisturbed and conclusively established, as Bowen did not challenge them.  We reverse the revocation of Bowen’s deferred judgment, the adjudication of guilt, and the sentence imposed.  We remand to the district court to fashion an appropriate consequence within the authorized range of choices provided in Iowa Code section 908.11(4) (2021).

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