Hewitt v. Iowa District Court for Wapello County

TERNUS, Justice.

Plaintiff in certiorari, Kevin D. Hewitt, was convicted and sentenced for serious domestic abuse assault. See Iowa Code §§ 708.1, 708.2A(2)(b) (1993). On appeal, Hewitt claimed that the district court acted illegally in modifying its oral sentence announced at the sentencing hearing. His ease was transferred to the court of appeals where his sentence was modified. We granted the State’s petition for further review.

Initially, we note that although Hewitt filed a notice of appeal, he should have sought review by filing a petition for writ of certiorari. Backstrom v. Iowa Dist.…