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Case No. 18-0988

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

State of Iowa
v.
Eddy Shami Muligande

Appellee

State of Iowa

Appellant

Eddy Shami Muligande

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Attorneys for Appellant

John L. Dirks

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0988
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  Special Concurrence by Doyle, J.  (6 pages)

            Muligande pled guilty to two charges of public intoxication, second offense.  Each violation was a serious misdemeanor under Iowa Code sections 123.46(2) and 123.91 (2018).  For each violation, the district court imposed a one-year term of confinement.  The court ran the sentences consecutively for a total indeterminate term not to exceed two years.  On appeal, Muligande argues his sentence constitutes cruel and unusual punishment.  OPINION HOLDS: Muligande’s sentence does not violate the Eighth Amendment to the U.S. Constitution or article I, section 17 of the Iowa Constitution.  We affirm.  SPECIAL CONCURRENCE ASSERTS: Muligande’s term of two year’s imprisonment is stunning, but the majority got the law right and I am duty-bound to concur.

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