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Case No. 21-1888

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

State of Iowa
v.
Alphonze Theophilus Emanuel

Appellee

State of Iowa

Appellant

Alphonze Theophilus Emanuel

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1888
Date Published:
Jul 20, 2022
Summary

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J. (5 pages)

            Alphonze Emanuel argues the sentencing court’s imposition of two statutory surcharges—a law-enforcement-initiative surcharge and a drug-abuse-resistance-education surcharge—was illegal because the legislature repealed the statutes prior to his resentencing.  OPINION HOLDS: The sentencing court erred in imposing the two surcharges because the original sentence was vacated, meaning at resentencing the court had to begin anew with the statutes that were then in effect.

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