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Case No. 21-1753

State of Iowa
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.

Trial Court Case No.:


State of Iowa


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


Mar 22, 2023 10:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Apr 21, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 03, 2022

            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. 

Other Information

Date Further Review is Granted:
Dec 07, 2022
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