State of Iowa
v.
Alfred Nicholas Dupree Wiles
Appellee
State of Iowa
Appellant
Alfred Nicholas Dupree Wiles
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Martha J. Lucey, State Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Tabitha Turner, District Associate Judge. SENTENCES VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. (13 pages)
Alfred Wiles appeals the consecutive sentences imposed following revocation of his deferred judgment for possession of marijuana, first offense, and conviction for domestic abuse assault impeding air or blood flow. OPINION HOLDS: We reject all of Wiles’s sentencing challenges except his claim that the court imposed illegal sentences. We therefore vacate the sentence imposed upon the domestic charge and remand for resentencing. We also reverse the revocation of the deferred judgment, adjudication of guilt, and sentence imposed for the possession charge and remand for reconsideration within the range of choices provided in Iowa Code section 908.11(4) (2022).
