State of Iowa
v.
Joseph Robert McGraw
Appellee
State of Iowa
Appellant
Joseph Robert McGraw
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Nan Jennisch, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Badding, JJ. Opinion by Greer, J. (6 pages)
Joseph McGraw appeals from his sentence following a conviction of operating while intoxicated. He argues the court abused its discretion by erroneously believing it had none when it imposed a $1250 fine that could have been suspended after the State’s prosecutor stated it could not be suspended. OPINION HOLDS: As McGraw was unable to point to a moment in the record where the court intimated it had no discretion to suspend the fee, we presume it knew it had the choice to suspend it and chose not to. We affirm the sentence.
