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Case No. 20-1625

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

State of Iowa
Luis A. Cruz


State of Iowa


Luis A. Cruz

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Chad R. Frese

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 03, 2021

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  SENTENCES VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Mullins, P.J., May, J., and Danilson, S.J.  Opinion by Mullins, P.J. (15 pages)

            Luis Cruz appeals the sentences imposed, following guilty pleas, upon his criminal convictions relating to crimes he committed when he was sixteen years old.  He argues the sentencing court abused its discretion by improperly weighing and considering the sentencing factors for youthful offenders.  OPINION HOLDS: We conclude the district court abused its discretion in relation to the third and fifth sentencing factors for juvenile offenders and in its analysis and conclusion to impose the maximum mandatory minimum sentence.  We vacate the sentences imposed and remand for resentencing before a different judge. 

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