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Case No. 22-0484

State of Iowa
Paul Timothy Fleetwood


State of Iowa


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:
Dec 07, 2022

            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. 

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