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Case No. 18-1897

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

State of Iowa
v.
Monica Marie Sandoval

Appellee

State of Iowa

Appellant

Monica Marie Sandoval

Attorneys for Appellee

Thomas J. Ogden, Assistant Attorney General

Attorneys for Appellant

Cathleen J. Siebrecht

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1897
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Polk County, James D. Birkenholz, District Associate Judge.  PROBATION REVOCATION REVERSED, SENTENCE VACATED, AND CASE REMANDED.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Monica Sandoval challenges the imposition of judgment and sentence on her offense of fourth-degree theft, claiming the district court contravened Iowa Code section 908.11 (2017) by imposing a jail sentence for contempt and revoking her deferred judgment based on the same probation violation.  OPINION HOLDS: Because under these circumstances the original probation violation cannot result in both a contempt punishment and revocation of her deferred judgment, we reverse the revocation of Sandoval’s deferred judgment, vacate the imposition of sentence, and remand for further proceedings consistent with this opinion.

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