Opinion
No. 3-986 / 03-1185.
Filed January 14, 2004.
Appeal from the Iowa District Court for Black Hawk County, Bruce B. Zager and Jon Fister, Judges.
Defendant appeals from the judgment and sentence entered following his conviction for possession of methamphetamines with intent to deliver. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and James Tomka, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Thomas Ferguson, County Attorney, and Linda Myers, Assistant County Attorney, for appellee.
Considered by Sackett, C.J., and Mahan and Eisenhauer, JJ.
Michael Edward Renslow appeals from the judgment and sentence entered following his plea of guilty to possession of methamphetamine with intent to deliver, in violation of Iowa Code section 124.401(1)(c) (2001). He contends the district court erred in sentencing him to prison. We conclude the district court did not abuse its discretion in sentencing Renslow. See State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002). In so doing, the district court noted Renslow has twice had probation revoked, has a poor record of attending programs during probation, and is in need of a setting where he will receive treatment.