Opinion
No. 4-151 / 03-0393
Filed March 24, 2004
Appeal from the Iowa District Court for Polk County, D.J. Stovall, Judge.
Johhnny Meislahn appeals his sentence for willful injury. AFFIRMED.
Brian Tingle, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, John Sarcone, County Attorney, and Frank Severino, Assistant County Attorney, for appellee.
Considered by Sackett, C.J., and Vaitheswaran and Eisenhauer, JJ.
Johnny Meislahn appeals his sentence for willful injury. Iowa Code § 708.4(2) (2001). He contends the district court abused its discretion in sentencing him to prison rather than granting him probation, as recommended in the presentence investigation report. We disagree.
It is not an abuse of discretion to refuse to grant probation in the face of a contrary recommendation. State v. Taylor, 490 N.W.2d 536, 539 (Iowa 1992). The district court stated Meislahn's request for probation was being denied "because it would unduly lessen the seriousness of this charge." This is a permissible factor. State v. Morrison, 323 N.W.2d 254, 257 (Iowa 1982) (stating "[p]robation may be refused when it would unduly depreciate the seriousness of the crime.").
We recognize that it may be an abuse of discretion to consider only the nature of the offense. See State v. Dvorsky, 322 N.W.2d 62, 66-67 (Iowa 1982). Although the court did not articulate other factors bearing on the sentencing decision, the court did state that the presentence investigation report was considered. That report contained a summary of Meislahn's personal history, including prior convictions for drug possession, theft of services, and driving under the influence.
We conclude the district court did not abuse its discretion in sentencing Meislahn to prison. See State v. Jacobs, 607 N.W.2d 679, 690 (Iowa 2000) (stating cursory explanation permitting appellate review of discretionary decision is sufficient).