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Case No. 23-0384

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Trivansky Tyrique Swington

Appellee

State of Iowa

Appellant

Trivansky Tyrique Swington

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Attorney for the Appellant

Jennifer Bennett Finn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0384
Date Published:
May 08, 2024
Summary

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Dissent by Buller, J.  (5 pages)

            A defendant appeals his sentence for assault causing bodily injury.  OPINION HOLDS: Finding that the district court sentenced the defendant according to his plea agreement but included the wrong assault title and code section in the judgment order, we affirm the conviction and remand for the district court to amend the judgment to reflect the correct offense.  DISSENT ASSERTS: Because the elected branches did not intend for us to find “good cause” to correct typos, I dissent.

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