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Case No. 18-1188

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

State of Iowa
v.
Brandon Ray Ross

Appellee

State of Iowa

Appellant

Brandon Ray Ross

Attorneys for Appellee

Kevin Cmelik, Assistant Attorney General

Attorneys for Appellant

Stephan J. Japuntich, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1188
Date Published:
Jul 03, 2019
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.

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