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IN THE COURT OF APPEALS OF IOWA

No. 3-095 / 11-1735
Filed March 13, 2013


STATE OF IOWA,
Plaintiff-Appellee,

vs.

NATHAN LEIGH STIENSTRA,
Defendant-Appellant.
________________________________________________________________


Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.

A defendant appeals his sentence for forgery of a lottery ticket and theft.  AFFIRMED.    

Mark C. Smith, State Appellate Defender, for appellant.
Nathan Leigh Steinstra, Orange City, appellant pro se.
Thomas J. Miller, Attorney General, Jeanie Kunkle Vaudt, Assistant Attorney General, and Coleman J. McAllister, County Attorney, for appellee.

Considered by Vogel, P.J., and Potterfield and Doyle, JJ.
VOGEL, P.J.
A defendant, Nathan Leigh Stienstra, appeals his sentence following a trial on the minutes of testimony and trial information finding him guilty of forgery of a lottery ticket in violation of Iowa Code section 99G.36(1) (2011), a class D felony, and theft in the fourth degree in violation of Iowa Code section 714.1 and 714.2(4), a serious misdemeanor.  He argues the trial court imposed an illegal sentence for not merging the two counts pursuant to Iowa Code section 701.9.  Stienstra also filed a pro se brief arguing the

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