State of Iowa
v.
David Person
Appellee
State of Iowa
Appellant
David Person
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Jack Bjornstad
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Clay County, Charles K. Borth, District Associate Judge. CONVICTION AFFIRMED. SENTENCE VACATED IN PART AND REMANDED. Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ. Opinion by Vogel, C.J. (2 pages)
David Person appeals from his sentence imposed after being convicted of operating while intoxicated, first offense. He asserts his sentence was illegal because the district court ordered him to pay a $150.00 probation fee while being supervised by the Clay County Sheriff. OPINION HOLDS: Although the Iowa Code allows for Person to be placed on probation, we find no provision in the code authorizing payment for a probationary fee to a county sheriff. While assuming without deciding Person’s plea counsel was ineffective in allowing him to enter a plea that included this probation fee, we affirm Person’s conviction, vacate the probation fee to the sheriff, and remand for the district court to correct the illegal sentence.
