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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:
Date Published:
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.