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Case No. 17-2103

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Knicolas Davon Lewis

Appellee

State of Iowa

Appellant

Knicolas Davon Lewis

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Attorneys for Appellant

Brenda J. Gohr (until withdrawal) and Mary K. Conroy, Assistant Appellate Defenders

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-2103
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Susan Christensen, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Potterfield, P.J., and Doyle and Greer, JJ.  Opinion by Potterfield, P.J. (3 pages)

            Knicolas Lewis appeals from his sentence for robbery in the second degree. He maintains the sentencing court’s refusal to consider a deferred judgment as a sentencing option constituted an abuse of discretion.  OPINION HOLDS: Iowa Code section 901.5(14) (2017) gave the court discretion to enter a deferred judgment in Lewis’s case.  Because the court was unaware it could enter a deferred judgment, we vacate Lewis’s sentence and remand for resentencing. 

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