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State of Iowa
v.
Adam Michael Bowen
Appellee
State of Iowa
Appellant
Adam Michael Bowen
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge. REVERSED AND REMANDED. Considered by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Ahlers, P.J. (7 pages)
Adam Bowen appeals the disposition of his probation-revocation proceedings. He argues the court considered an improper factor when it adjudicated him guilty and sentenced him to prison following revocation of his probation and deferred judgment. OPINION HOLDS: We agree with Bowen that the court considered an improper factor when it considered timing of parole when fashioning a sentence for Bowen. The probation violations remain undisturbed and conclusively established, as Bowen did not challenge them. We reverse the revocation of Bowen’s deferred judgment, the adjudication of guilt, and the sentence imposed. We remand to the district court to fashion an appropriate consequence within the authorized range of choices provided in Iowa Code section 908.11(4) (2021).