Opinion
No. 46555.
October 17, 1944.
CRIMINAL LAW: Fine or imprisonment in default of payment — time — section 13964, C., '39. Under section 13964, C., '39, where a sentence to pay a fine of $600 is imposed and in default of payment of the fine the defendant is to be confined in the county jail, the period of incarceration should be 180 days.
Appeal from Polk District Court. — JOSEPH E. MEYER, Judge.
Edmund Scarpino and Theodore F. Mantz, both of Des Moines, for appellant.
John M. Rankin, Attorney General, and Wm. P. McFarlin, Assistant Attorney General, for appellee.
Defendant was indicted by the grand jury of Polk County, Iowa, on May 5, 1944, for second offense, operating a motor vehicle while intoxicated, as defined in section 5022.02 of the Code of Iowa, 1939. He pleaded not guilty, was tried and convicted, and sentenced to pay a fine of $600 and costs, and in default of the payment of such fine was to be confined in the county jail of Polk County, Iowa, for a period of six months, and he appealed to this court.
The case came to this court on a clerk's transcript. We have examined the same and find no error therein. However, by reason of Code section 13964, the sentence should be modified to require the defendant, in default of payment of the $600 fine, to serve one hundred eighty days in the county jail of Polk County, Iowa. The sentence so modified is affirmed. — Modified and affirmed.