For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Marquis Alonzo Moore
Appellee
State of Iowa
Appellant
Marquis Alonzo Moore
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Kent A. Simmons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Michael E. Motto, District Associate Judge. REVERSED AND REMANDED FOR RESENTENCING. Heard by Ahlers, P.J., Badding, J., and Doyle, S.J. Opinion by Doyle, S.J. (8 pages)
Marquis Moore appeals the sentences imposed after he pleaded guilty to two misdemeanor charges. He contends that the sentencing court failed to afford him his right to allocution. Although he waived his right to allocution in his written guilty plea, Moore was present at his sentencing hearing where he was not afforded an opportunity to allocute. OPINION HOLDS: Because Moore was present at the sentencing hearing, he was entitled to the opportunity to personally exercise his right to allocution. He was not afforded that opportunity, so we reverse the district court and remand for resentencing.
