State v. Millsap

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 Chio-do and saw a man walking down the driveway carrying a white box. Police officers picked up Freddie Millsap a short time later, after he was seen carrying a similar box. The box contained a video cassette recorder, cordless telephone, and a large number of pennies in a…