Legal Opinion

State of Iowa v. Richard Osmond McLachlan Jr.

Court of Appeals of Iowa

Decided April 6, 2016No. 15-1449PublishedCited by 11 opinions

1Opinion of the Court

MULLINS, Judge.

Richard McLachlan Jr. has appealed from a revised sentencing order entered by the district court on remand from our court. He claims (1) his prior conviction was vacated and could not be used to impose the second-or-subsequent-offender enhancement when resentencing him, and (2) the sentence imposed by the district court could not run consecutive to a prior vacated sentence. McLachlan has mis-characterized the status of the prior conviction and has misunderstood the legal significance of a revised sentencing order. For reasons explained below, we affirm.

This is McLachlan’s…

2Cases cited4 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. State v. LyleSupreme Court of Iowa · 2014
  3. Douglas E. Kurtz, Applicant-Appellant v. State of IowaCourt of Appeals of Iowa · 2014
  4. State of Iowa v. Joshua Scott PearsonSupreme Court of Iowa · 2016

3Cited by11 opinions

  1. State of Iowa v. Benjamin Lloyd FrekingCourt of Appeals of Iowa · 2021
  2. State of Iowa v. Cheryl WanchanicCourt of Appeals of Iowa · 2019
  3. State of Iowa v. Gary Lee JensenCourt of Appeals of Iowa · 2022
  4. State of Iowa v. George McKeneryCourt of Appeals of Iowa · 2020
  5. State of Iowa v. Gerardo Antonio Andrade ZepedaCourt of Appeals of Iowa · 2020

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