State of Iowa
v.
John Dale Wheeler
Appellee
State of Iowa
Appellant
John Dale Wheeler
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Attorney for the Appellant
Ella M. Newell, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Stephen A. Owen, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Schumacher, P.J. (5 pages)
John Wheeler appeals his sentence following his conviction of one count of incest, challenging the district court’s reliance on certain sentencing factors and the disregard of mitigating factors. Wheeler claims the court abused its discretion by sentencing him to incarceration rather than suspending the sentence as recommended in the presentence investigation report. OPINION HOLDS: Upon review, we affirm.
