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State v. Jamison

Court of Appeals of Iowa

January 11, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
VICTOR WAYNE JAMISON, Defendant-Appellant.

         Appeal from the Iowa District Court for Hamilton County, Paul B. Ahlers, District Associate Judge.

         Defendant appeals his conviction and sentence for operating while intoxicated. AFFIRMED.

          Nina Forcier of Forcier Law Office, P.L.L.C., Waterloo, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and Bower, JJ.

          BOWER, Judge.

         Victor Jamison appeals his conviction and sentence for operating while intoxicated. We find the district court did not abuse its discretion in sentencing Jamison to ninety days in jail. We affirm.

         I. Background Facts & Proceedings

         Jamison was charged with operating while intoxicated, in violation of Iowa Code section 321J.2 (2015), a serious misdemeanor. He entered into a plea agreement in which he agreed to plead guilty to the charge and the State agreed to recommend he receive a sentence of four days in jail.[1] The State also agreed to dismiss a speeding ticket. Jamison signed a written guilty plea, which was accepted by the court.

         At the July 13, 2016 sentencing hearing, the State recommended Jamison be sentenced to four days in jail. The court asked what prompted Jamison's contact with law enforcement, and the prosecutor stated Jamison had been driving 138 miles per hour in a sixty-five mile per hour zone. The court then asked about Jamison's blood alcohol level and was informed it was .225. Defense counsel also requested Jamison be sentenced to four days in jail, pointing out Jamison was employed, had undergone a substance abuse evaluation, had begun treatment, and had some medical problems. Jamison had two previous convictions for driving while intoxicated in Virginia.

         The court sentenced Jamison to ninety days in jail, with credit for time served. The court determined Jamison could leave jail to accommodate his work schedule, pursuant to section 356.26, subject to the conditions he exhibit good behavior and avoid alcohol and drugs. Jamison now appeals.

         II. Standard of Review

         If a sentence is within the statutory limits, we review a district court's sentencing decision for an abuse of discretion. State v. Seats, 865 N.W.2d 545, 552 (Iowa 2015). "Thus, our task on appeal is not to second-guess the decision made by the district court, but to determine if it was unreasonable or based on untenable grounds." Id. at 553. "In other words, the district court did not abuse its discretion if the evidence supports the sentence." Id.

         III. ...


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