State of Iowa
v.
Paul Timothy Fleetwood
Appellee
State of Iowa
Appellant
Paul Timothy Fleetwood
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Natalie Hedberg (until withdrawal) and Tammy Westhoff Gentry
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Davis County, Shawn Showers, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Bower, C.J., Tabor, J., and Doyle, S.J. Opinion by Tabor, J. (7 pages)
Paul Fleetwood appeals his sentence for first-degree harassment, contending the district court considered an impermissible aggravating factor when imposing a two-year prison term. OPINION HOLDS: Because the district court relied on information from the minutes of testimony that was neither admitted nor proved, the sentencing hearing was tainted. We remand for resentencing before a different judge.
