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State of Iowa
v.
John Wilfred Gibson, Jr.
Appellee
State of Iowa
Appellant
John Wilfred Gibson, Jr.
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Martha J. Lucey, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Monona County, Jeffrey L. Poulson, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Mullins, P.J., Bower, J., and Blane, S.J. Opinion by Blane, S.J. (8 pages)
John Gibson appeals his convictions for being a felon in possession of a firearm, assault on a peace officer, two counts of child endangerment, and two counts of assault while participating in a felony. OPINION HOLDS: We determine Gibson’s sentence for being a felon in possession of a firearm should not be merged with his sentences for assault while participating in a felony. We find the district court did not abuse its discretion in deciding the sentence for being a felon in possession of a firearm should run consecutively to Gibson’s other sentences, which run concurrently. On the matter of mandatory minimum sentences for assault on a peace officer and assault while participating in a felony, we remand for a partial resentencing hearing to allow the court to exercise its discretion to determine whether the five-year minimum sentence should be imposed.
