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Case No. 22-0512

State of Iowa
Bennie Lee Cunningham



State of Iowa


Bennie Lee Cunningham

Attorney for the Appellee

Bridget A. Chambers, Assistant Attorney General

Attorney for the Appellant

Pamela Wingert

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            Bennie Cunningham appeals following his guilty plea arguing the district court abused its sentence when it sentenced him to a five-year indeterminate term of incarceration.  OPINION HOLDS: Because the district court did not suspend Cunningham’s sentence, it was obligated to sentence him to an indeterminate term of five-years under Iowa Code section 902.9(1)(e) (2021).

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