State of Iowa
v.
Jeremy Elton Batiste
Appellee
State of Iowa
Appellant
Jeremy Elton Batiste
Attorney for the Appellee
Adam Kenworthy, Assistant Attorney General
Attorney for the Appellant
Maria Ruhtenberg, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ. Opinion by Langholz, J. (6 pages)
Jeremy Batiste appeals his sentence for domestic-abuse assault causing bodily injury, arguing that the district court improperly considered unproven criminal conduct when it considered his guilty plea and failure to appear for sentencing in a separate criminal case shortly before his commission of this offense. OPINION HOLDS: The court indeed relied on the conduct Batiste challenges on appeal. But the court could properly do so because Batiste’s counsel admitted at sentencing that the conduct occurred. We thus affirm Batiste’s sentence.
