State of Iowa
v.
Bennie Lee Cunningham
County:
Scott
Appellee
State of Iowa
Appellant
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:
22-0512
Date Published:
Nov 17, 2022
Summary
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).
