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State of Iowa
v.
Thomas Ray Davis
Appellee
State of Iowa
Appellant
Thomas Ray Davis
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Angela L. Campbell
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge. REVERSED AND REMANDED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Potterfield, P.J. Dissent by McDonald, J. (5 pages)
The district court treated Thomas Davis’s second motion to correct an illegal sentence—filed shortly after Davis was resentenced due to a meritorious first motion to correct an illegal sentence—as an appeal. OPINION HOLDS: We disagree with the district court’s treatment of the motion as an appeal; we reverse and remand to the district court for ruling on the second motion. DISSENT ASSERTS: I would dismiss the appeal for lack of appellate jurisdiction.
