Opinion
No. 13–0984.
2014-03-12
STATE of Iowa, Plaintiff–Appellee, v. Destiny Lynn CHAMBERS, Defendant–Appellant.
With these things in mind, I cannot embrace a rule that creates a presumption the sentencing court abused its discretion when it considers admissible evidence simply because defense counsel objects. Nor do our cases require such a result. It is one thing to say, as in Matheson, that we can presume the district court committed non-harmless error when it erroneously considered inadmissible evidence. It is another thing to say, as here, that we can presume the district court abused its discretion when it committed no error in admitting an eight-page exhibit that may contain one or two statements that, arguably, refer to unproved offenses. Accordingly, I respectfully dissent.