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State of Iowa
v.
Creon Duwayne Rashard Davis
Appellee
State of Iowa
Appellant
Creon Duwayne Rashard Davis
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (3 pages)
Creon Davis appeals the sentence imposed following his guilty plea to second-degree sexual abuse. OPINION HOLDS: The district court was not aware Iowa Code section 901.5(13) (2022) gave it discretion to suspend the special sentence imposed because Davis was a minor at the time he committed the offense. Because the court was unaware of its discretion, we remand for resentencing.
