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State of Iowa
v.
Louis Lee Cubbage, Jr.
Appellee
State of Iowa
Appellant
Louis Lee Cubbage, Jr.
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Stuart Hoover
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jackson County, Meghan Corbin, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Badding and Buller, JJ. Opinion by Badding, J. (7 pages)
Louis Cubbage appeals his sentence for willful injury causing bodily injury, arguing that the district court considered and relied on an improper sentencing factor when it stated that he “almost killed” his victim. OPINION HOLDS: Because we find that the district court improperly considered unproven activity that was unsupported by the record when it stated Cubbage “almost killed” his victim, we vacate his sentence and remand for resentencing in front of a different judge.
