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Case No. 19-0184

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

State of Iowa
v.
Jay Steven Genthe

Appellee

State of Iowa

Appellant

Jay Steven Genthe

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Stuart Hoover

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0184
Date Published:
Sep 02, 2020
Summary

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  WRIT ANNULLED.  Considered by Bower, C.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Jay Genthe appeals from his sentence, including the order nunc pro tunc filed after the initial sentencing order.  Genthe understands the court’s second order to show the court reconsidered his sentence and maintains the court’s reconsideration was illegal because it was not done in accordance with Iowa Code section 903.2 (2019).  We treat Genthe’s appeal as a petition for writ of certiorari and grant the petition.  OPINION HOLDS: Because the district court did not err in its use of the order nunc pro tunc, we annul the writ.

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