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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
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Leah Patton
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. Dissent by Buller, J. (8 pages)
Louis Cubbage appeals his sentence for driving while barred. OPINION HOLDS: We conclude that Cubbage’s sentence for driving while barred should be vacated and this case remanded for resentencing with a companion case in which he was sentenced for willful injury resulting in bodily injury. By imposing concurrent sentences, without much mention of the driving-while-barred conviction, we conclude the district court considered the sentences to be interconnected. We accordingly vacate the sentence for driving while barred without further opinion and remand for resentencing in front of a different judge. DISSENT ASSERTS: Because the majority decides an unbriefed issue, bypasses the supreme court’s denial of a motion to consolidate, and applies inapposite case law from combined sentencing appeals, I dissent.
