State v. Bragg

(specially concurring).

I concur but wish to add certain views of my own. Trial courts are granted wide discretion in sentencing, see State v. Pappas, 337 N.W.2d 490, 494 (Iowa 1983), yet I feel the sentencing courts face an unenviable, no-win position. As to sentencing statements, I think the trial courts are basically damned if they do and damned if they do not.

The policies behind sentencing seem to be at loggerheads. On the one hand, we want judges to consider all the factors in the record and presentence report and be open and frank about their sentencing decisions, see State v. Carey, 306…