State of Iowa
v.
Iowa District Court for Woodbury County
The supreme court granted the plaintiff’s petition for writ of certiorari. The plaintiff argued the district court’s fine-only sentence, without the imposition of probation, regarding John Michael Baker’s conviction for a class “D” felony, was an illegal sentence. Mr. Baker seeks further review of the opinion of the court of appeals, which sustained the writ of certiorari, vacated the sentence, and remanded to the district court for resentencing before a different district judge.
Appellee
State of Iowa
Appellant
Iowa District Court for Woodbury County
Attorney for the Appellee
Zachary C. Miller, Assistant Attorney General
Attorney for the Appellant
Ashley C. Stewart, Assistant Appellant Defender
Supreme Court
Oral Argument Schedule
Non-Oral
Mar 22, 2023 10:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Certiorari to the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. WRIT SUSTAINED, SENTENCE VACATED, AND CASE REMANDED. Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ. Opinion by Bower, C.J. (5 pages)
On certiorari, the State challenges the legality of a criminal sentence. OPINION HOLDS: The sentence imposed by the district court including only a fine was not legal. We therefore sustain the writ of certiorari, vacate the sentence imposed, and remand for resentencing.