Opinion
No. 3-047 / 02-0790.
Filed March 12, 2003.
Appeal from the Iowa District Court for Johnson County, SYLVIA A. LEWIS, District Associate Judge.
Lisa Douglas appeals from her sentence imposed upon her plea of guilty for credit card fraud. SENTENCE VACATED; REMANDED FOR RESENTENCING.
Linda Del Gallo, State Appellate Defender, and Dennis Hendrickson, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Linda Hines, Assistant Attorney General, J. Patrick White, County Attorney, and Emily Colby, Assistant County Attorney, for appellee.
Considered by HUITINK, P.J., and MAHAN and HECHT, JJ.
Lisa Douglas pleaded guilty in writing to credit card fraud, in violation of Iowa Code sections 715A.6(1)(a), 715A.6(2) and/or 703.1 (2001). Judgment was entered on May 10, 2002, and Douglas was sentenced to thirty days in jail, all suspended. She was also fined $500 and ordered to pay restitution, court costs and surcharge. She appeals, alleging the district court abused its discretion in imposing the sentence because it failed to articulate any reasons for its decision.
Iowa Rule of Criminal Procedure 2.23(3)(d) requires the court to state on the record its reason for selecting a particular sentence. The district court stated as follows when it sentenced Douglas:
All right. This is an aggravated misdemeanor. I'm sentencing the defendant to the 30-day jail sentence. I'll suspend that sentence. I'm placing her on supervised probation, and she's to work out a payment plan with a probation officer that includes the five hundred dollar fine, surcharge and court costs, plus restitution in the amount of $241.46.
The district court's failure to give any reason for the sentence imposed is sufficient error to warrant vacation of Douglas' sentence. State v. Oliver, 588 N.W.2d 412, 415 (Iowa 1998). Therefore, we vacate Douglas' sentence and remand for resentencing.