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State of Iowa
v.
Christopher David Vogel
Appellee
State of Iowa
Appellant
Christopher David Vogel
Attorney for the Appellee
Kyle P. Hanson, Assistant Attorney General
Attorney for the Appellant
Mark C. Smith, State Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
