State of Iowa
v.
Jamison Lee Downing
Appellee
State of Iowa
Appellant
Jamison Lee Downing
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Gregory F. Greiner
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge. APPEAL DISMISSED. Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Greer, P.J. Special concurrence by Sandy, J. (6 pages)
Downing appeals a firearm prohibition, imposed shortly after his sentencing order. He argues the firearm prohibition violates his state and federal constitutional rights. OPINION HOLDS: We find the firearm prohibition is not part of his sentence, and as a result, Downing lacks good cause to appeal. We dismiss his appeal. SPECIAL CONCURRENCE ASSERTS: While I join the majority’s well-reasoned opinion, I write separately to highlight the jurisdictional purgatory in which citizens served with firearm prohibition notices find themselves trapped. The current state of our law makes it unclear whose responsibility it is to review a district court’s issuance of a firearm prohibition notice, which is separate and distinct from that court’s sentencing order.
