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State of Iowa
v.
Christopher Wayne Kackley
Appellee
State of Iowa
Appellant
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:
Summary
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.
