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STATE OF IOWA, Plaintiff-Appellee, vs. EDWARD DEWAYNE NEWTON, Defendant-Appellant.
State: Iowa
Court: Court of Appeals
Docket No: No. 9-912 / 09-0148
Case Date: 12/17/2009
Preview:IN THE COURT OF APPEALS OF IOWA No. 9-912 / 09-0148 Filed December 17, 2009

STATE OF IOWA, Plaintiff-Appellee, vs. EDWARD DEWAYNE NEWTON, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.

Defendant appeals the sentences imposed upon his conviction of four counts of delivery of controlled substances. AFFIRMED.

Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, John P. Sarcone, County Attorney, and Daniel C. Voogt, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Doyle and Mansfield, JJ.

2 MANSFIELD, J. Edward Newton appeals from the judgment and sentence entered following his guilty pleas to one count of delivery of controlled substance (cocaine salt) in violation of Iowa Code section 124.401(1)(c)(2)(b) (2007), and three counts of delivery of controlled substance (cocaine base) in violation of section 124.401(1)(c)(3). Newton contends the district court abused its discretion by failing to give specific reasons for imposing consecutive sentences. reviewing the record, we affirm the sentence of the district court. I. FACTS AND PROCEDURAL HISTORY. According to the minutes of testimony, on four separate occasions, Newton sold or provided crack cocaine or cocaine salt to an undercover police officer and a cooperating individual in Des Moines between July 31, 2008, and August 13, 2008. At the time the offenses were committed, Newton was on parole for a forgery offense he committed in 2003. On September 26, 2008, the State charged Newton with four counts of delivery of controlled substances. Each charge is a class "C" felony and carries a punishment of no more than ten years incarceration.
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