Opinion
No. 2-199 / 01-0974.
Filed April 24, 2002.
Appeal from the Iowa District Court for Johnson County, LARRY J. CONMEY, Judge.
Carla Holtz appeals the sentence entered on her guilty plea to operating while intoxicated, third offense. AFFIRMED.
Dennis A. Bjorklund, Coralville, for appellant.
Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, J. Patrick White, County Attorney, and Michael D. Brennan and Rivka Sorensen, Assistant County Attorneys, for appellee.
Considered by MAHAN, P.J., and MILLER and HECHT, JJ.
Carla Holtz appeals the sentence entered on her guilty plea to operating while intoxicated (OWI), third offense, in violation of Iowa Code section 321J.2 (1999). She claims the district court abused its discretion by denying her request for work release.
Holtz was involved in a minor traffic accident on January 28, 2001. She consented to a breath test, which showed she had a blood alcohol level of 0.278. Holtz had two previous OWI convictions, and she was charged with OWI, third offense. Holtz pled guilty to the charge.
The sentencing hearing was held on June 18, 2001. The prosecutor recommended 365 days in jail, with all but thirty days suspended. Holtz asked for a five-year suspended sentence. She pointed out that she completed a substance abuse treatment program, had been abstinent since February 13, 2001, and was attending AA meetings at least once a day. Holtz had a master's degree in English and until May 2001, taught part-time at Kirkwood College.
The district court sentenced Holtz to 365 days in the county jail, with all but thirty days suspended, and placed her on probation for three years. The court gave the following reasons for the sentence:
The sentence imposed will hold the Defendant accountable for her actions; the sentence imposed will provide protection to the community from any further offenses by this defendant; the Court feels that a period of incarceration is necessary to impress on this defendant that she simply cannot drink and drive. This is her third offense; she had a test of .278, which is extremely high; she endangered herself and other members of this community.
Defense counsel asked the court to authorize in-home detention. The court denied this request, stating "She's going to go to jail for awhile; she's got to learn a lesson."
Holtz appeals her sentence. She contends the district court should have granted her request for in-home detention to allow her to continue to work and attend AA meetings.
A court has discretion to grant work release under section 903.3 as part of a defendant's sentence. Linn County Sheriff v. Iowa Dist. Court, 545 N.W.2d 296, 300 (Iowa 1996). A court has discretion to grant or deny work release based on considerations similar to those that govern sentencing generally. State v. Shield, 368 N.W.2d 721, 723 (Iowa 1985).
In her appellate brief, Holtz attempts to bring forth evidence concerning her employment that was not presented to the sentencing judge. We do not consider issues based on information outside the record. Rasmussen v. Yentes, 522 N.W.2d 844, 846 (Iowa Ct.App. 1994). We review only the information in the presentence investigation report and that presented at the sentencing hearing. Based on this evidence, we determine the district court did not abuse its discretion in denying Holtz's request for in-home detention. We note there was no evidence Holtz was currently employed at the time of the sentencing hearing. We affirm the decision of the district court.
AFFIRMED.