STATE OF IOWA, Plaintiff-Appellee, vs. JEFFREY LYNN VOSLER, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-377 / 06-1912
Filed June 13, 2007
STATE OF IOWA,
Plaintiff-Appellee,
vs.
JEFFREY LYNN VOSLER,
Defendant-Appellant.
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Appeal from the Iowa District Court for Pottawattamie County, James
Heckerman, Judge.
Jeffrey Vosler appeals from his sentence following his plea of guilty to
felony possession of a firearm. REVERSED AND REMANDED.
Mark C. Smith, State Appellate Defender, Stephan J. Japuntich, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney
General, Matthew D. Wilber, County Attorney, and Christina Schockey, Assistant
County Attorney, for appellee.
Considered by Mahan, P.J., and Eisenhauer and Baker, JJ.
2
EISENHAUER, J.
Jeffrey Vosler pled guilty to felony possession of a firearm pursuant to
Iowa Code sections 724.25(1) and 724.26 (2005) and was sentenced to five
years imprisonment. The five-year term was ordered to run consecutively to an
unrelated ten-year sentence. He contends the trial court erred in failing to state
on the record its reasons for selecting a consecutive sentence as required by
Iowa Rule of Criminal Procedure 2.23(3)(d). Because the trial court gave no
reasons for imposing consecutive sentences, we reverse and remand for
resentencing.
Vosler also contends his trial counsel was ineffective in failing to seek
recusal of the sentencing judge.
In issues of recusal, the test is whether a
reasonable person would question the judge’s impartiality. State v. Sinclair, 582
N.W.2d 762, 766 (Iowa 1998).
We conclude Vosler has not shown that a
reasonable person would question the trial judge’s impartiality and has not met
his burden of proving that grounds for recusal existed.
Accordingly, Vosler
cannot show counsel failed to perform an essential duty or that prejudice resulted
therefrom. See Wemark v. State, 602 N.W.2d 810, 814 (Iowa 1999).
REVERSED AND REMANDED.
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