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State of Iowa
v.
Noelle Diane Cosby
Appellee
State of Iowa
Appellant
Noelle Diane Cosby
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Attorney for the Appellant
Curtis Dial
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge. AFFIRMED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by Tabor, P.J. (4 pages)
Cosby appeals a five-year sentence imposed by the district court for the charge of involuntary manslaughter. She was driving her vehicle while under the influence. She lost control of her vehicle and got into an accident. Her husband was a passenger of the vehicle and he died as a result of his injuries. On appeal, Cosby contends incarceration was not appropriate because she accepted responsibility for her actions. OPINION HOLDS: Because the court’s consideration of deterrence falls within its mandate to impose a sentence that “protect[s] . . . the community from further offenses by the defendant and others” we find the district court’s rejection of more lenient sentencing options is not an abuse of its discretion.