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State of Iowa
v.
Luis A. Cruz
Appellee
State of Iowa
Appellant
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:
Summary
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.
