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Case No. 18-1879

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

State of Iowa
v.
Timothy L. McGhee, Jr.

Appellee

State of Iowa

Appellant

Timothy L. McGhee, Jr.

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Robert P. Ranschau, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1879
Date Published:
Oct 23, 2019
Summary

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Potterfield, P.J. (4 pages)

            Timothy McGhee Jr. appeals his prison sentence on three counts of theft in the second degree and one count of theft in the fourth degree.  McGhee maintains the sentencing court considered unproven offenses when imposing sentence; he asks that we remand for resentencing.  OPINION HOLDS: Without more than the court’s statement it was considering McGhee’s “further offenses”—of which there were properly two to consider—McGhee has not met his burden of affirmatively establishing error.  We affirm.

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