STATE v. MILLSAP

No. 95-420.

547 N.W.2d 8 (1996)

STATE of Iowa, Appellee, v. Freddie MILLSAP, Appellant.

Court of Appeals of Iowa.

February 28, 1996.


Attorney(s) appearing for the Case

Bruce L. Cook of Cook, Gotsdiner, McEnroe & McCarthy, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Angelina M. Smith, Assistant Attorney General, John P. Sarcone, County Attorney, and Jaki Livingston, Assistant County Attorney, for appellee.

Considered by HAYDEN, P.J., and CADY and HUITINK, JJ.


CADY, Judge.

Freddie Millsap was convicted of the crime of attempted burglary in the third degree, in violation of Iowa Code section 713.6B (1993). He appeals, claiming he was denied his right of allocution at sentencing. We remand for resentencing.

On May 24, 1994, a neighbor noticed a broken window at the residence of Lisa Chiodo and saw a man walking down the driveway carrying a white box. Police officers picked up Freddie Millsap a short time later, after...

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