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State of Iowa
v.
Brandon Ray Ross
Appellee
State of Iowa
Appellant
Brandon Ray Ross
Attorney for the Appellee
Kevin Cmelik, Assistant Attorney General
Attorney for the Appellant
Stephan J. Japuntich, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Calhoun County, Kurt L. Wilke, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Potterfield, P.J., Doyle, J., and Gamble, S.J. Opinion by Gamble, S.J. (6 pages)
Brandon Ross appeals the sentence imposed following the revocation of three deferred judgments. Ross claims the sentencing court did not exercise its discretion in revoking deferred judgment and imposing prison sentences. OPINION HOLDS: The district court failed to exercise its sentencing discretion and, instead, applied a fixed sentencing policy. We vacate the sentencing order and remand for resentencing.
