STATE v. WISE, 697 N.W.2d 126 (Iowa App. 2005)

STATE OF IOWA, Plaintiff-Appellee, v. ELLIOT VERNARD WISE, Defendant-Appellant.

No. 04-0548.Court of Appeals of Iowa.
March 16, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the Iowa District Court for Black Hawk County, Nathan A. Callahan, District Associate Judge.

Elliot Wise challenges his sentence for driving while barred.SENTENCE VACATED AND REMANDED FOR RESENTENCING.

Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Jill Dashner, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Miller and Eisenhauer, JJ.

EISENHAUER, J.

Elliot Wise appeals his sentence for driving while barred. For the reasons stated in the companion case of State v. Wise, No. 5-097/04-0547 (Iowa Ct.App. ____, 2005), we vacate the sentence and remand for resentencing.

Costs are assessed to the State.

SENTENCE VACATED AND REMANDED FOR RESENTENCING.