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Case No. 23-1031

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

State of Iowa
Christopher Wayne Kackley


State of Iowa


Christopher Wayne Kackley

Attorney for the Appellee

Joshua A. Duden, Assistant Attorney General

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 24, 2024

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Dissent by Buller, J.  (9 pages)

            Christopher Kackley appeals his sentence, arguing the district court gave no explanation for sending him to prison.  OPINION HOLDS: The court’s omission prevents us from reviewing its exercise of discretion.  Under Iowa Rule of Criminal Procedure 2.23(3)(d), we vacate the sentence and remand for resentencing.  DISSENT ASSERTS: Because I would find the reasons for sentence in the written order were sufficient to permit appellate review and I am not convinced those written reasons were “boilerplate,” I dissent.

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