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STATE v. KOENIGHAIN

No. 83-1009.

356 N.W.2d 237 (1984)

STATE of Iowa, Plaintiff-Appellee, v. Leon KOENIGHAIN, Defendant-Appellant.

Court of Appeals of Iowa.

September 6, 1984.

Attorney(s) appearing for the Case

Charles Harrington, Appellate Defender, and Linda Del Gallo, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen. and Lona Hansen, Asst. Atty. Gen. for plaintiff-appellee.

Considered by SNELL, P.J., and HAYDEN, and SACKETT, JJ.

HAYDEN, Judge.

Defendant appeals from the sentence imposed following his conviction for obtaining money by false pretenses in violation of Iowa Code section 713.1 (1977). He contends that under the 1977 code he could not be incarcerated and ordered to pay restitution. He also claims that his trial counsel rendered ineffective assistance by not requesting that defendant be sentenced under the present criminal code. The State agrees that defendant's sentence is illegal...

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