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State of Iowa
v.
Johnathan Dale Laue
Appellee
State of Iowa
Appellant
Johnathan Dale Laue
Attorney for the Appellee
Thomas E. Bakke and Genevieve Reinkoester, Assistant Attorneys General
Attorney for the Appellant
John C. Heinicke
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge. AFFIRMED AND REMANDED. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Chicchelly, J. Partial Dissent by Ahlers, J. (9 pages)
Jonathan Laue appeals the sentence and fine imposed by the district court following his guilty plea to driving while barred. OPINION HOLDS: The district court properly exercised its discretion in sentencing Laue to two years in prison. Because the written sentencing order incorrectly imposes a fine rather than suspending it as pronounced from the bench, we remand to the district court for issuance of an order nunc pro tunc to correct the clerical error. PARTIAL DISSENT ASSERTS: While I concur with the majority’s determination that the oral pronouncement of judgment controls over the written judgment, I dissent from its decision to remand with direction to issue an order nunc pro tunc to make the written judgment consistent with the oral pronouncement because the oral pronouncement imposed an illegal sentence. Instead, I would vacate the sentence and remand for resentencing.
