State of Iowa
v.
Joshua Allen Hubler
Appellee
State of Iowa
Appellant
Joshua Allen Hubler
Attorney for the Appellee
Joshua Henry, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, C.J., and Ahlers and Sandy, JJ. Opinion by Tabor, C.J. (6 pages)
Joshua Hubler appeals his prison sentence for possession of methamphetamine with intent to deliver, contending that the district court abused its discretion by imposing incarceration based on its “mistaken belief that [he] had received treatment” before in the community without any benefit. OPINION HOLDS: Nothing in the record shows that Hubler had been offered or participated in substance-use treatment in the community. Because the court’s incarceration decision was driven by its misreading of the record, we vacate Hubler’s sentence and remand for resentencing before a different judge.
