State of Iowa v. Tanner Allan Weitzel
── State of Iowa v. Tanner Allan Weitzel ──
Court: Court of Appeals of Iowa
Date: May 13, 2026
Category: General
IN THE COURT OF APPEALS OF IOWA
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No. 25-1346
Filed May 13, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Tanner Allan Weitzel,
Defendant–Appellant.
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Appeal from the Iowa District Court for Boone County,
The Honorable Ashley Sparks, Judge.
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AFFIRMED
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Martha J. Lucey, State Appellate Defender, and Maria Ruhtenberg,
Assistant Appellate Defender, attorneys for appellant.
Brenna Bird, Attorney General, and Joshua Henry, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Schumacher, P.J., Ahlers, J., and Bower, S.J.
Opinion by Schumacher, P.J.
1
SCHUMACHER, Presiding Judge.
Tanner Weitzel appeals his sentence following a guilty plea to robbery
in the first degree in violation of Iowa Code sections 711.1(1) and 711.2
(2025), alleging the district court abused its discretion in sentencing him to
an indeterminate term of incarceration not to exceed twenty-five years with a
mandatory term of eight years. Upon our review, we affirm.
I. Background Facts & Proceedings
Weitzel was charged with first-degree robbery, second-degree
kidnapping, and conspiracy to commit a forcible felony following an incident
where he and accomplices assaulted an individual while armed with a firearm,
intending to commit a theft. At the time of the incident, Weitzel was
seventeen years and eight months old. Weitzel entered into a plea agreement
with the State wherein he agreed to plead guilty to first-degree robbery in
exchange for the State’s dismissal of the two remaining counts. The district
court accepted Weitzel’s plea and ordered the preparation of a presentence
investigation (PSI). The PSI recommended incarceration.
Prior to sentencing, Weitzel was evaluated by separate psychologists,
one hired by the State and one hired by the defense. Both psychologists
testified at the sentencing hearing. The State’s psychologist, Dr. Lestina,
recommended incarceration followed by probation and inpatient substance-
use treatment. The defense psychologist, Dr. Nesbit, recommended
probation and participation in a community treatment program.
Following a detailed explanation of relevant sentencing factors, the
district court sentenced Weitzel to an indeterminate term of incarceration
not to exceed twenty-five years, with a mandatory minimum of eight years of
2
incarceration prior to Weitzel being eligible for parole. Weitzel appeals his
sentence.
II. Analysis
Weitzel’s appeal focuses on his age at the time of the commitment of
the offense and the district court’s application of the specialized standards
the court uses when sentencing a juvenile offender. Weitzel asserts the
district court abused its discretion when utilizing the required Lyle factors
because it found some of the factors non-mitigating. See State v. Lyle, 854
N.W.2d 378, 404 n.10 (Iowa 2014). The State counters that while the court
is required to consider the Lyle factors, it is not mandatory to treat them as
mitigating.
We review sentencing challenges for an abuse of discretion. State v.
Gordon, 998 N.W.2d 859, 862 (Iowa 2023). A sentencing court abuses its
discretion when it relies on inappropriate factors or “when the sentence is
based on grounds that were clearly untenable or unreasonable.” Id. “We
presume that a sentence within the statutory limits is valid . . . .” Id. When
sentencing a juvenile, the court may abuse its discretion “w
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}