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Case No. 18-0230

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

State of Iowa
v.
Christopher David Vogel

Appellee

State of Iowa

Appellant

Christopher David Vogel

Attorneys for Appellee

Kyle P. Hanson, Assistant Attorney General

Attorneys for Appellant

Mark C. Smith, State Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0230
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  SENTENCE VACATED IN PART AND REMANDED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Danilson, C.J.  (5 pages)

            Christopher Vogel appeals from his sentence following his guilty plea to animal abuse, in violation of Iowa Code section 717B.2 (2017), an aggravated misdemeanor.  Vogel contends the sentencing court abused its discretion by considering improper factors in imposing his sentence entered an illegal sentence when it ordered him to pay court costs associated with dismissed charges.  OPINION HOLDS: Because Vogel has not affirmatively shown the court considered improper factors we find no abuse of the court’s sentencing discretion.  However, we vacate the portion of the sentencing order imposing an obligation to pay the costs of dismissed charges and remand for entry of a corrected sentencing order.

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