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State of Iowa
v.
John Duane Anderson
Appellee
State of Iowa
Appellant
John Duane Anderson
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Thomas Hurd
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cass County, Michael Hooper, Judge. AFFIRMED AND REMANDED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (4 pages)
John Anderson appeals the sentences imposed on his criminal convictions, arguing the district court violated due process and abused its discretion by waiving the use of the presentence investigation report and sentencing him when he did not waive use of the report. OPINION HOLDS: We agree with the State that the notation in the sentencing orders that the presentence investigation report was waived was merely a clerical error. As a result, we affirm the sentences imposed but remand to the district court for entry of a nunc pro tunc order correcting the clerical error that Anderson waived the use of a presentence investigation report.
