Ewaun Gardner, Jr. appeals from the judgment of sentence for interference with official acts with a dangerous weapon, a class “D” felony. Before the district court for Linn County entered judgment in this case, Gardner was convicted of a felony in Johnson County. The events underlying the judgment in Johnson County occurred after those at issue in this appeal. At sentencing, the district court for Linn County determined Gardner was not eligible for a deferred judgment and imposed a suspended sentence. On appeal, Gardner argues he was eligible for a deferred judgment because the phrase “previously has been convicted of a felony” in Iowa Code section 907.3(1)(a)(1) means he must have been convicted of the felony before he committed the acts leading to the judgment here.

County:

Linn

Trial Court Case No.:

FECR149305