State of Iowa
v.
Brianna Leigh Moss
Appellee
State of Iowa
Appellant
Brianna Leigh Moss
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ. Opinion by Tabor, C.J. (8 pages)
Brianna Moss pleaded guilty to criminal mischief in the second degree and possession of a controlled substance. The district court sentenced her to concurrent prison terms of five years and 365 days. Moss raises two issues in this appeal of her sentence. First, she contends that the court improperly relied on unproven conduct—her failures to appear for sentencing and to maintain contact with her probation officer. Second, she alleges that the court abused its discretion by choosing prison over probation. OPINION HOLDS: Finding that the district court neither considered impermissible factors nor abused its discretion by imposing incarceration, we affirm Moss’s sentence.
