State of Iowa
v.
Bradley Martin Osborn
Appellee
State of Iowa
Appellant
Bradley Martin Osborn
Attorney for the Appellee
Nicholas E. Siefert, Assistant Attorney General
Attorney for the Appellant
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Korie L. Talkington, Judge. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER. Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ. Opinion by Tabor, C.J. (9 pages)
Bradley Osborn appeals his sentence for two counts of aggravated misdemeanor assault, alleging that the district court considered only the nature of the offenses when denying his request for deferred judgment and impermissibly relied only on the existence of two victims in imposing consecutive terms. Osborn also argues that the court’s designation of the county jail as the place of confinement was illegal. OPINION HOLDS: Finding no abuse of discretion, we affirm Osborn’s consecutive sentences. We remand solely for the district court to commit Osborn to the custody of the director of the Iowa Department of Corrections.
