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State of Iowa
v.
Brett Samuel Dennis, Sr.
Appellee
State of Iowa
Appellant
Brett Samuel Dennis, Sr.
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Attorney for the Appellant
Stephan J. Japuntich, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Patrick A. McElyea and Thomas Reidel, Judges. AFFIRMED. Considered by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (12 pages)
Brett Dennis Sr. appeals the sentences imposed arising from two different incidents. He argues the State breached the plea agreement by arguing for consecutive sentences, the district court considered facts not admitted or proved, and the district court improperly considered the shooting victim’s request for consecutive sentences in the victim’s impact statement. Dennis also raises claims of ineffective assistance of counsel and various constitutional challenges to Iowa Code section 814.7 (2019) and urges us to adopt the plain error doctrine. OPINION HOLDS: Because we may consider the merits of Dennis’s challenge to his sentences on direct appeal, we do not consider his claims of ineffective assistance of counsel or constitutional violations. We find the state did not breach the plea agreement, the district court did not consider improper factors, and the victim’s impact statement was properly considered. Thus, we affirm the sentences.
