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Case No. 23-1808

State of Iowa
v.
Joseph Thomas Gentile

Appellee

State of Iowa

Appellant

Joseph Thomas Gentile

Attorney for the Appellee

Nicholas E. Siefert, Assistant Attorney General

Attorney for the Appellant

Adam C. Witosky

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1808
Date Published:
Oct 16, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (8 pages)

            Joseph Gentile appeals his sentences following his guilty pleas to unauthorized placement of a global positioning device and criminal mischief.  He contends that the district court abused its sentencing discretion by relying on evidence of “unproven and uncharged” conduct, improperly considering legislative intent, and failing to give sufficient reasons for imposing consecutive sentences.  OPINION HOLDS: Gentile fails to produce clear evidence that the district court considered improper information in reaching its sentencing decision.  And the court gave sufficient reasons for imposing consecutive sentences.  Finding no abuse of discretion, we affirm.

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