"* * * apply to the case sub judice, to all cases still appealable or on appeal in which the issue has been properly raised below, and of course to all cases subsequently tried in which a proper record is made in trial court." See also State v. Russell, 216 N.W.2d 355, 356 (Iowa 1974); Everett v. Brewer, 215 N.W.2d 244, 247-248 (Iowa 1974); State v. Nepple, 211 N.W.2d 330, 332-333 (Iowa 1973). Actually, as presented for review, defendant contends trial court erred in failing to tell the jury, by instruction 8, entrapment was established as a matter of law upon the showing that drugs sold to defendant by a government agent were repurchased by the sovereign.
Therefore, nothing is presented for review in that regard. State v. Waterman, 217 N.W.2d 621, 624 (Iowa 1974); State v. Russell, 216 N.W.2d 355, 356 (Iowa 1974). Instead, he claims the prosecution of the escape case is cruel and unusual punishment in that he is harassed by the present charge and five year sentence while he is already serving a life sentence.
The manner in which the amount of a particular fine impacts a particular offender is not the focus of the test. Klawonn, ___ N.W.2d ___ (Iowa 2000); see also Alexander v. United States, 509 U.S. 544, 559, 113 S.Ct. 2766, 2776, 125 L.Ed.2d 441, 456 (1993), cert. denied, ___ U.S. ___, 118 S.Ct. 180, 139 L.Ed.2d 120 (1997) (the question is whether the forfeiture was excessive in light of the criminal activity engaged in by the offender); see also State v. Russell, 216 N.W.2d 355, 356 (Iowa 1974) (rejected claim of excessive sentence where possibility of imprisonment until age ninety-six); State v. Van Klaveren, 208 Iowa 867, 870-71, 226 N.W. 81, 83 (1929) (sentence not excessive because it would undermine defendant's health). B. Double Jeopardy.
"Ordinarily, issues not raised in the trial court, including constitutional questions, cannot be effectively asserted the first time on appeal. Furthermore, the constitutionality of a statute may not be considered as a basis for reversal where the question was not raised in the lower court. State v. Russell, 216 N.W.2d 355, 356 (Iowa 1974). Since plaintiff's contention in this respect was not urged in the trial court it presents nothing for review in this court.
We have repeatedly held that ordinarily, matters not raised in the trial court, including constitutional questions, cannot be effectively asserted for the first time on appeal. Furthermore, the constitutionality of a statute may not be considered on appeal where the question was not raised in the lower court. State v. Willis, Iowa, 218 N.W.2d 921, 923; State v. Wisher, Iowa, 217 N.W.2d 618, 620; State v. Russell, Iowa, 216 N.W.2d 355, 356 and authorities cited in these opinions. Defendant has not properly raised any constitutional challenge to Code section 246.32.
Ordinarily, matters not raised in the trial court, including constitutional questions, cannot be effectively asserted for the first time on appeal. State v. Pardock, 215 N.W.2d 344, 349 (Iowa 1974). Furthermore, the constitutionality of a statute may not be considered on appeal where ruling by the trial court on the constitutionality was not invoked. State v. Russell, 216 N.W.2d 355, 356 (Iowa 1974); State v. Tokatlian, 203 N.W.2d 116, 120 (Iowa 1972) and authorities cited in these opinion. There is no argument defendant did not demur to the information.
II. Defendant-appellant also contends the county attorney's repeated inquiries if the number of defendant's prior convictions was six constituted misconduct. This issue was not raised in the lower court and will not be considered for the first time on appeal. State v. Waterman, Iowa, 217 N.W.2d 621, 624; State v. Russell, Iowa, 216 N.W.2d 355, 356. We do not imply however the county attorney was guilty of misconduct.
If a sentence does not exceed the statutory maximum, this court will interfere only where an abuse of discretion is shown. State v. Russell, Iowa, 216 N.W.2d 355, 356; State v. Voshell, Iowa, 216 N.W.2d 309, 310. The presentence investigation report showed defendant's prior difficulties with the law.
Ordinarily, issues not raised in the trial court, including constitutional questions, cannot be effectively asserted the first time on appeal. Furthermore, the constitutionality of a statute may not be considered as a basis for reversal where the question was not raised in the lower court. State v. Russell, 216 N.W.2d 355, 356 (Iowa 1974). Since plaintiff's contention in this respect was not urged in the trial court it presents nothing for review in this court.
" See also State v. Voshell, Iowa 1974, 216 N.W.2d 309; State v. Russell, Iowa 1974, 216 N.W.2d 355; State v. Stakenburg, Iowa 1974, 215 N.W.2d 265; State v. Carncross, Iowa 1973, 205 N.W.2d 698. Defendant age 20, admitted he broke into the Sabula Fire Station, vandalized it, and stole fire department equipment.