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Case No. 22-1042

State of Iowa
v.
Steven Charles Fuhlman

County:
Scott

Appellee

State of Iowa

Appellant

Steven Charles Fuhlman

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Attorney for the Appellant

Nathan A. Mundy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1042
Date Published:
Sep 27, 2023
Summary

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Ahlers, P.J.  (8 pages)

            Steven Fuhlman appeals his sentence following a guilty plea.  He argues (1) he received ineffective assistance of counsel, (2) the district court abused its discretion by considering an improper factor in sentencing him, and (3) the district court abused its discretion by failing to adequately explain the reasons for his sentence.  OPINION HOLDS: We do not have jurisdiction to hear Fuhlman’s ineffective-assistance-of-counsel claim, and Fuhlman has failed to meet his burden of showing that the district court considered an improper factor.  But because the district court failed to provide a sufficient statement of reasons supporting Fuhlman’s sentence, we vacate the sentence and remand for resentencing.

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