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State of Iowa
v.
Alfredo Lorenzo Pena
Appellee
State of Iowa
Appellant
Alfredo Lorenzo Pena
Attorney for the Appellee
David Banta, Assistant Attorney General
Attorney for the Appellant
Katherine R.J. Scott
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, The Honorable Gregory D. Brandt, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., Langholz, J., and Bower, S.J. Opinion by Langholz, J. (7 pages)
Alfredo Lorenzo Pena appeals his two-year indeterminate prison sentence after pleading guilty to operating while intoxicated, second offense. He argues that the district court improperly considered unproven conduct and failed to comply with Iowa Rule of Criminal Procedure 2.23(2)(b) and Iowa Code section 901.5(7). OPINION HOLDS: The court’s reliance on defense counsel’s statements about the probation officer’s recommendation against probation and Lorenzo Pena’s conduct while on probation was not improper. The court’s question to Lorenzo Pena before imposing sentence substantially complied with rule 2.23(2)(b). And assuming that the court was required to inform Lorenzo Pena he had already served the mandatory minimum, that omission does not invalidate his sentencing. We thus affirm Lorenzo Pena’s sentence.
