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State of Iowa
v.
Benjamin Frederick Hurry
Appellee
State of Iowa
Appellant
Benjamin Frederick Hurry
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Pamela Wingert
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (5 pages)
Defendant appeals the district court’s decision to sentence him to incarceration rather than probation. OPINION HOLDS: The district court properly considered the relevant factors in sentencing the defendant, but the court was without authority to order the defendant to complete sex offender treatment. Accordingly, we vacate the sentence in part and remand for the entry of a corrected sentencing order eliminating the requirement to complete sex offender treatment.
