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State v. McDowell

Court of Appeals of Iowa
Dec 30, 2002
No. 2-962 / 02-0793 (Iowa Ct. App. Dec. 30, 2002)

Opinion

No. 2-962 / 02-0793.

Filed December 30, 2002.

Appeal from the Iowa District Court for Des Moines County, MICHAEL G. DIETERICH, District Associate Judge.

Defendant appeals the sentence imposed following his guilty plea to third offense operating while intoxicated. AFFIRMED.

Alfredo Parrish of Parrish, Kruidenier, Moss, Dunn, Boles Gribble L.L.P., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Cristen Odell, Assistant Attorney General, Patrick Jackson, County Attorney, and Ty Rogers, Assistant County Attorney, for appellee.

Considered by SACKETT, C.J., and MILLER and EISENHAUER, JJ.


Thomas P. McDowell appeals the sentence imposed following his guilty plea to third offense operating while intoxicated. He contends the district court abused its discretion in sentencing him to a term of imprisonment not to exceed five years. An abuse of discretion will only be found when the sentencing court exercises its discretion on grounds or for reasons clearly untenable, or to an extent clearly unreasonable. State v. Privitt, 571 N.W.2d 484, 486 (Iowa 1997). Here, the district court considered the defendant's age, his prior criminal history and his need to deal with his alcohol abuse, and it stated its reasons for sentencing McDowell were to rehabilitate him and to protect the public. The court then sentenced McDowell pursuant to the recommendations made in the presentence investigative report. We find McDowell has failed to show the district court did not give reasons for the sentence or abused its discretion.

AFFIRMED.


Summaries of

State v. McDowell

Court of Appeals of Iowa
Dec 30, 2002
No. 2-962 / 02-0793 (Iowa Ct. App. Dec. 30, 2002)
Case details for

State v. McDowell

Case Details

Full title:STATE OF IOWA, Plaintiff-Appellee, v. THOMAS PARKER McDOWELL, JR.…

Court:Court of Appeals of Iowa

Date published: Dec 30, 2002

Citations

No. 2-962 / 02-0793 (Iowa Ct. App. Dec. 30, 2002)